Common use of Surrender of Possession Clause in Contracts

Surrender of Possession. Upon the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 3 contracts

Samples: Lsi Logic Corp, Lsi Logic Corp, Lsi Logic Corp

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Surrender of Possession. Upon Lessee shall yield and deliver to Lessor possession of the Premises leased herein at the expiration of this Agreement in good condition in accordance with its express obligations hereunder, except for reasonable wear and tear, fire and other casualty. Lessee shall deliver the Premises in good order and condition, including: (1) cleaning and hauling away all supplies and trash; (2) leaving in operating condition all bulbs and ballasts; (3) replacing all broken glass; and (4) turning in keys to all door locks. Lessee, at Lessee’s expense, shall remove during the term hereof or at the expiration of such term all trade fixtures, equipment and personal property placed by Lessee on or about the Premises herein leased, subject to Lessee's repairing any damage thereto caused by such removal and subject to any valid lien which Lessor may have thereon for unpaid rents or fees. Lessor may direct Lessee to remove, at Lessee’s sole expense, any cabling installed within the Premises upon surrender of possession of the sooner Premises. Lessee shall have no obligation to remove such cabling unless Lessor shall notify Lessee of its required removal. In the event Lessee does not remove all of said property within ten (10) days after the termination of this Agreement, the same shall be considered abandoned and Lessor may dispose of said property without any further responsibility or liability to Lessee. At any time within ninety (90) days prior to the expiration of this Agreement, Lessor and Lessor's agents, invitees, and licensees may enter and show the Premises to persons wishing to rent the Premises and may post upon the Premises the usual notices "For Rent" or "For Lease", Tenant shall remove all of Tenantsaid notices to remain thereon without hindrance or molestation, provided Lessee has not exercised any renewal options provided herein, or has not signed a new lease. Lessor and its agents, invitees, and licensees will use their best efforts not to unreasonably interfere with Lessee’s signs from the exterior use of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsPremises during said visits.

Appears in 3 contracts

Samples: wichitaks.granicus.com, wichitaks.granicus.com, wichitaks.granicus.com

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipmentequipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of an invoice together with reasonable supporting informationTenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Sublease (Gigamon Inc.), Lease (Palo Alto Networks Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipmentequipment (excluding telecommunications wiring and cabling), trade fixturesfixtures (including, without limitation, all laboratory cabinetry and casework not in the Leased Premises as of the Effective Date and not paid for in whole or in part from the Tenant Improvement Allowance as defined in the Work Letter (“Tenant’s Casework”)), furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Notwithstanding the foregoing or the balance of this Paragraph 2.6 to the contrary, Tenant shall not be required to remove the Tenant Improvements (as defined in the Work Letter). Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. To the extent necessary as a result of damage due to Tenant’s use of or failure to properly maintain the Leased Premises, the Building, or the Property, Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord the improvements were approved any improvements requiring Landlord approval that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs reasonably and actually incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so reasonably and actually incurred plus such interest thereon, within fifteen ten (1510) business days of Landlord’s delivery billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of an invoice together with reasonable supporting informationTenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Lease (Cardiodx Inc), Lease (Cardiodx Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and in good the same condition, reasonable wear and tear exceptedbroom clean, as existed at the Lease Commencement Date. (1) Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s 's removal of Tenant’s property's property and all damage to the exterior of the Building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord, reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements which Landlord has notified Tenant that it shall not be required to remove. Tenant shall replace all burned out light bulbs and damaged light lenses, and repair and repaint all damaged walls, reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements which Landlord has notified Tenant that it shall not be required to remove. Landlord shall retain a mechanical contractor at Tenant's expense to service all heating, ventilating, and air-conditioning equipment, and Tenant shall pay the reasonable cost for the service and the cost to restore (or replace as required) said equipment to good working order, reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements which Landlord has notified Tenant that it shall not be required to remove. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas, and/or Property, reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements which Landlord has notified Tenant that it shall not be required to remove. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or ore resurface same, reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements which Landlord has notified Tenant that it shall not be required to remove. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, after giving notice and time to perXXX, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable regular costs incurred by Landlord in performing returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (includingtime as such required and material work is completed, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting to the extent such liability or loss results from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Acceptance Agreement (Atroad Inc), Acceptance Agreement (Atroad Inc)

Surrender of Possession. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or upon the sooner termination of this Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, broom-clean, reasonable wear and tear (and condemnation and casualty damage, as to which Section 14 and Section 11 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, unattached trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within placed in the Leased Premises, including Premises or elsewhere in the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made Buildings by Tenant (but Tenant may not remove any such item which was paid for, in whole or its employees to the floorin part, walls by Landlord or ceiling of the Leased Premises, whether any wiring or cabling unless Landlord requires such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface sameremoval). Additionally, to the extent that Landlord at Landlord’s option Tenant shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at (not later than the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner earlier termination of the Lease) remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture brought onto or constructed by Tenant at the Premises at any time (whether prior to or during the Term of this Lease) as Landlord may request; provided, however, as to alterations, improvements and additions constructed on the Premises by Tenant with Landlord’s consent, Tenant shall only be obligated to remove such items provided that Landlord conditioned its consent to their construction on Tenant removing them at the Required Removables and repair all damage caused by such removalend of the Term. If Tenant fails shall fail to comply with perform any repairs or restoration, or fail to remove any items from the terms Premises required hereunder, Landlord may do so, and Tenant shall pay Landlord the cost thereof upon demand. All property removed from the Premises by Landlord pursuant to any provisions of this Pxxxxxxxx 0.0, Xxxxxxxx Lease or any applicable Laws may perform Tenant’s obligations be handled or stored by Landlord at Tenant’s expense, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. All property not removed from the Premises or retaken from storage by Tenant shall within thirty (30) days after expiration or earlier termination of this Lease or Tenant’s right to possession shall, at Landlord’s option, be liable conclusively deemed to have been conveyed by Tenant to Landlord for all reasonable costs incurred as if by Landlord in performing such obligations for Tenant (including, xxxx of sale without limitation, reasonable costs any payment due by Landlord. The provisions of Landlord’s oversight this Section 15 shall survive the expiration or earlier termination of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsLease.

Appears in 2 contracts

Samples: Lease (Schnitzer Steel Industries Inc), Schnitzer Steel Industries Inc

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and in good the same condition, reasonable wear and tear exceptedbroom clean, as existed at the Lease Commencement Date. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s removal of Tenant’s propertyproperty and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations -penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required materially soiled floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean or and repaint all painted walls. However, Tenant shall not be liable for normal wear and tear remediation costs. Landlord shall retain a mechanical contractor at Tenant’s expense to service all heating, ventilating, and air-conditioning equipment, and Tenant shall pay the cost for the service and the cost to restore (or replace as required) said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or wear to the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (includingtime as such required work is completed, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Base Landlord Initials W Tenant Initials NH Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Industrial Space Lease (Corsair Gaming, Inc.), Corsair Gaming, Inc.

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls walls, ceiling or ceiling roof of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Tenant requested Landlord's consent to the improvements that Landlord approved any improvements requiring Landlord approval that it desired to have such certain improvements removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.. ARTICLE 3

Appears in 2 contracts

Samples: Vantive Corp, Vantive Corp

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this Paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx Landlord may perform Tenant’s obligations at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by Law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus interest as above set forth within fifteen (15) ten days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Acceptance Agreement (Upgrade International Corp /Fl/), Acceptance Agreement (Efficient Networks Inc)

Surrender of Possession. Upon the expiration of the Term or upon the sooner termination of this LeaseTenant’s right of possession, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall remove all of Tenant’s signs from forthwith surrender the exterior Premises to Landlord in good order, repair and condition, ordinary wear excepted, and shall, if Landlord so requires, restore the Premises to the condition existing at the beginning of the Building and shall remove all of Tenant’s inventoryTerm, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable ordinary wear and tear excepted. Any interest of Tenant in the alterations, improvements (including all floor coverings) and additions to the Premises made or paid for by Landlord or Tenant shall, without compensation to Tenant, become Landlord’s property at the termination of this lease by lapse of time or otherwise and such alterations, improvements and additions shall be relinquished to Landlord in good condition, ordinary wear excepted. Upon or prior to the earlier of the Expiration Date or the date upon which Tenant’s right to possession of the Premises may be terminated, Tenant shall repair all damage to the Leased Premisesremove its office furniture, trade fixtures, office equipment and all portions thereof, caused by Tenant’s removal other items of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to property on the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord upon demand the amount cost of all costs so incurred within fifteen repairing any damage to the Premises and to the Building caused by any such removal. If Tenant shall fail or refuse to remove any such property from the Premises, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost either by set-off, credit, allowance or otherwise, and Landlord may at its option accept the title to such property or at Tenant’s expense may (15i) days remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Premises caused by such removal, or (ii) store, destroy or otherwise dispose of Landlord’s delivery the same without incurring liability to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsother person.

Appears in 2 contracts

Samples: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)

Surrender of Possession. Upon On the expiration or upon last day of the sooner termination term of this Lease, Tenant or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of Tenant’s signs its property and trade fixtures and equipment from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereofproperty not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all abandoned property of Lessee from the Premises upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, to Landlord broom clean all at the sole cost and risk of Lessee and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all reasonable costs and expenses of such removal, transportation and storage. Lessee shall leave the Premises in good conditionorder, condition and repair, reasonable wear and tear and damage from fire and other casualty or which is the responsibility of Lessor excepted. Tenant Lessee shall repair all damage reimburse Lessor within thirty (30) days following its receipt of written demand for any expenses incurred by Lessor with respect to removal, transportation, or storage of abandoned property and with respect to restoring said Premises to the Leased condition required by this Lease. All alterations, additions and fixtures, other than Lessee's furniture, personal property, trade fixtures and equipment which have been made or installed by either Lessor or Lessee upon the Premises, shall remain the property of Lessor and all portions shall be surrendered with the Premises as a part thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to If the floor, walls or ceiling Premises are not surrendered at the end of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration term or sooner termination of the Lease (“Required Removables”)thereof, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant Lessee shall indemnify Landlord Lessor against loss or liability resulting from delay by Tenant Lessee in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or tenants founded on such delay and any losses attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the Premises to Landlord with respect to lost opportunities to lease to succeeding tenantsLessor at the place then fixed for the payment of rent and shall inform Lessor of combinations on any vaults, locks and safes left on the Premises.

Appears in 2 contracts

Samples: Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc)

Surrender of Possession. Upon Notwithstanding anything to the expiration or upon contrary in the sooner termination Lease, effective as of this Leasethe Effective Date, Tenant shall surrender the Premises to Landlord by disabling all security systems within the Premises, terminating all service contracts relating to the Premises and otherwise surrendering the Premises in its then “as-is” condition and Landlord hereby agrees to accept the Premises its then “as-is” condition as full satisfaction of Tenant’s surrender obligations under the Lease. Without limiting the foregoing, Landlord expressly waives the provisions of Section 7.C of the Lease and Tenant shall not be required to clean, repair or restore the Premises, nor shall Tenant be required to remove any Alterations, cabling, furniture fixtures or equipment; provided that, Tenant shall pay Landlord within five (5) business days of the Effective Date the sum of One Hundred Fifty Thousand Dollars ($150,000.00) (the “Restoration Payment”) in consideration for Landlord performing the removal and restoration obligations that Tenant would otherwise be required to perform under Section 7.C of the Lease. In furtherance of the foregoing, effective as of the Effective Date and in consideration of the terms and conditions of this Agreement and the payment of Ten Dollars ($10.00), the receipt and sufficiency of which are hereby acknowledged, Tenant does hereby transfer, assign, sell and convey to Landlord, all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations equipment and other personal property located in the Premises as of the Effective Date (collectively, the Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased PremisesTENANT MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE FF&E AND EXPRESSLY EXCLUDES ANY SUCH WARRANTY OR REPRESENTATION, includingEITHER EXPRESS OR IMPLIED, without limitationAS TO THE MANUFACTURE, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsFITNESS, MERCHANTABILITY, QUALITY, CONDITION, CAPACITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE FF&E, EXCEPT TENANT REPRESENTS AND WARRANTS TO LANDLORD THAT EITHER TENANT OR LANDLORD CURRENTLY OWNS SUCH FF&E AND TENANT HAS NOT GRANTED OR ALLOWED ANY LIEN TO BE PLACED UPON THE FF&E. THE FF&E IS SOLD TO SUBLESSEE AS IS, WHERE IS, AND WITH ALL FAULTS AND DEFECTS.

Appears in 2 contracts

Samples: Lease Termination Agreement (Palo Alto Networks Inc), Lease Termination Agreement (Palo Alto Networks Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipmentequipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Lease (Switch & Data, Inc.), Lease (Switch & Data, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s removal of Tenant’s propertyproperty and all damage to the exterior of the building caused by Tenant’s removal of Tenant’s signs. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface the same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount within ten days after receipt of all costs so incurred within fifteen (15) days of a statement therefore from Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Lease (Adeza Biomedical Corp), Lease (Adeza Biomedical Corp)

Surrender of Possession. Upon Immediately prior to the expiration Expiration Date or upon the sooner earlier termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and in good the same condition, reasonable broom clean, as existed as of the Delivery Date, subject to ordinary wear and tear exceptedtear, Casualty, Taking, any repairs and replacements for which Tenant is not responsible under this Lease and further subject to any rights or obligations with respect to the removal or surrender of Alterations pursuant to Section 6.1 and Tenant Improvements pursuant to Section 7 of the Work Letter. Tenant shall (a) repair all damage to the Leased Premises, and all portions thereof, Premises and/or the exterior of the Building caused by Tenant’s 's removal of Tenant’s 's property. Tenant , including but not limited to office furniture and fixtures, signage, lab racks, window cages and, unless otherwise mutually agreed to by Landlord, all power supply and cabling to cubicles and in labs (which power supplies shall be removed back to the junction box and cabling will be removed in accordance with the 2014 National Fire Protection Association (NFPA) 70: National Electrical Code Articles 640, 645, 725, 760, 770, 800, 820, 830 and 840), (b) patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased PremisesPremise, whether such penetrations were made with Landlord’s approval or not. Tenant shall (c) clean, repair or replace all stained or damaged ceiling tiles, wall coverings and coverings, (d) clean floor coverings as may be required to the reasonable satisfaction of Landlord. Tenant shall repair , and (e) replace all damage caused by Tenant to the exterior surface of the Building burned out light bulbs and the paved surfaces of the Outside Areas and, where necessary, replace or resurface samedamaged light lenses. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon prior to the expiration Expiration Date or sooner the earlier termination of the this Lease, remove any improvements constructed or installed by Tenant that Landlord requests be removed by Tenant in accordance with Section 6.1 of the Required Removables Lease or Section 7 of the Work Letter and repair all damage caused by such removal. If the Premises are not surrendered to Landlord in the condition required by this Section upon the Expiration Date or earlier termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Within thirty (30) days after Tenant's receipt of Landlord's invoice for any such reasonable costs incurred by Landlord, Tenant fails shall reimburse Landlord for all such costs, plus interest thereon at the Interest Rate, until paid by Tenant. Tenant shall be deemed to comply have impermissibly held over until such time as such required work is completed, and Tenant shall pay Base Monthly Rent and Additional Rent in accordance with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing Section 15.2 until such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantswork is completed.

Appears in 2 contracts

Samples: Reciprocal Easement Agreement (Forescout Technologies, Inc), Reciprocal Easement Agreement (Forescout Technologies, Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased PremisesPremises to Landlord in substantially the same condition, broom clean, as existed at the Commencement Date, subject to ordinary wear and tear, casualty, condemnation, Hazardous Materials (other than those for which Tenant is responsible under this Lease), the Landlord's Work, and all portions thereof, alterations that are not required to Landlord broom clean and in good condition, reasonable wear and tear exceptedbe removed at the expiration or earlier termination of the Lease pursuant to this Lease. Tenant shall repair all damage to the Leased Premises, the Building or the Common Areas caused by Tenant or by Tenant's removal of Tenant's property and all portions thereof, damage to the exterior of the Building caused by Tenant’s 's removal of Tenant’s property's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles and shall repair or replace, as necessary, all wall coverings and floor coverings that do not meet the surrender condition above to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of this Lease, remove any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant at the time it approves such improvements or in response to Tenant's Alteration Notice, as defined below (or, if Landlord's approval of such improvements was not required pursuant to the terms of this Lease and Tenant did not submit an Alteration Notice, then if Landlord has requested such removal at least thirty (“Required Removables”), Tenant shall, upon 30) days prior to the expiration or sooner termination of the this Lease, remove the Required Removables ) and repair all damage caused by such removal. If Tenant fails the Premises are not surrendered to comply with Landlord in the terms condition required by this Section 2.6 at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten (10) days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Lease (Quantenna Communications Inc), Lease (Quantenna Communications Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, when Tenant first took occupancy of the Leased Premises, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Lease (Digital Microwave Corp /De/), Lease (Digital Microwave Corp /De/)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear exceptedexpected. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant’s removal of tenant’s property and all portions thereof, damage to the exterior of the Building caused by Tenant’s removal of Tenant’s propertysigns. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Lease Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount within tent days after receipt of all costs so incurred within fifteen (15) days of a statement therefore from Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to the lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Industrial Space Lease (Viasystems Group Inc), Industrial Space Lease (Viasystems Group Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and in good the same condition, reasonable wear and tear exceptedbroom clean, as existed at the Lease Commencement Date. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all portions thereof, damage to the exterior of the Building caused by Tenant’s removal of Tenant’s propertysigns. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove any improvements installed by Tenant (other than the Required Removables initial tenant improvements install pursuant to Exhibit F) and repair all damage caused by such removal, unless Landlord, at the time it consented to such improvements waived the right to require such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (includingtime as such required work is completed, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Industrial Space Lease (Silicon Graphics International Corp), Acceptance Agreement (Rackable Systems, Inc.)

Surrender of Possession. Upon the expiration of the Term or upon the sooner termination of this LeaseTenant’s right of possession, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall remove all forthwith surrender the Leased Premises to Landlord in good order, repair and condition, ordinary wear excepted. Prior to the expiration or termination of the Term or of Tenant’s signs from the exterior right of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling possession of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace remove its office furniture, trade fixtures, office equipment, supplemental HVAC units, telephone and computer systems (and all stained or damaged ceiling tiles, wall coverings wiring and floor coverings to the reasonable satisfaction cabling related thereto) and all other items of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant property (including, without limitation, reasonable costs any Alterations made or installed after the Commencement Date other than the Approved Alterations) from the Leased Premises and shall surrender the Leased Premises to Landlord in broom-clean condition. In addition, Landlord may require removal of extraordinary Tenant improvements that were installed by Landlord or Tenant prior to the Commencement Date. Extraordinary improvements include, but shall not be limited to, raised floors or safes. Tenant shall pay to Landlord upon demand the cost of repairing any damage to the Leased Premises and to the Building caused by any such removal. If Tenant shall fail or refuse to remove any such property from the Leased Premises, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost to Landlord, whether by set-off, credit, allowance or otherwise, and Landlord may at its option accept the title to such property or at Tenant’s oversight of expense may (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Leased Premises caused by such removal, repair and replacement work)(ii) store, destroy or otherwise dispose of the same without incurring liability to Tenant or any other person. In the event Landlord incurs any storage or other costs by reason of Tenant’s failure to remove any property which Tenant is obligated to remove under this Section, Tenant upon demand shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsincurred.

Appears in 1 contract

Samples: Lease (Stockeryale Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. In addition to Tenant's obligations for Tenant (includingset forth in Paragraph 13.2, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen twenty (1520) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Trident Microsystems Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and in as good condition, broom clean, as existed at the Commencement Date, damage by casualty or condemnation (which events shall be governed by Articles 10 and 11) and reasonable wear and tear excepted. Except for such reasonable wear and tear, Tenant shall (i) repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall , (ii) patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the roof, floor, interior or exterior walls or ceiling of the Leased PremisesPremises and the Building, whether such penetrations were made with Landlord’s approval or not. Tenant shall , and (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all if damage was caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface sameTenant. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any that particular improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal; provided however, Tenant shall not be required to remove any improvements installed prior to the Commencement Date. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)returning the Leased Premises to the required condition. Tenant shall pay to Landlord the amount of all reasonable costs so incurred within fifteen ten (1510) days of Landlord’s delivery to billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.. 4 ARTICLE 3 RENT, LATE CHARGES AND SECURITY DEPOSITS 3.1

Appears in 1 contract

Samples: Scientific Learning Corp

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventoryequipment (including telecommunications wiring and cabling, equipmentunless Landlord otherwise elects, which election shall be made at the time of consent), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. If Landlord elects by written notice to Tenant not later than sixty (60) days prior to the termination or expiration of the Term to require Tenant to surrender Tenant’s telecommunications wiring and cabling, then Tenant shall leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant Landlord shall repair repair, at Tenant’s sole expense, all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Premises, without limitationthe Building and the Common Areas to the required condition, reasonable together with interest on all costs of Landlord’s oversight of removal, repair and replacement work)so incurred from the date paid by Landlord at the Default Interest Rate until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of an invoice together with reasonable supporting informationTenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (LumiraDx LTD)

Surrender of Possession. Upon At the expiration or upon the sooner earlier termination of this Lease, Tenant shall remove all of Tenant’s signs from surrender the exterior Premises to Landlord in as good a condition as existing as of the Building Commencement Date. Tenant shall leave carpets and floors in a clean condition, shall patch holes and re-paint as necessary and shall remove all otherwise leave the Premises in a condition such that the Premises can be immediately re-leased. Tenant shall deliver the Premises free and clear of Tenant’s inventoryany liens, equipment, trade fixtures, furniture, supplies, wall decorations and encumbrances or other personal property (collectively, “Tenant’s FF&E”) from within claims or charges. All Alterations and/or Improvements in or on the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereofwhether made with or without Landlord’s approval, other than Trade Fixtures installed by Tenant, shall be Landlord’s property and, upon termination or earlier expiration of this Lease, such Alterations and Improvements shall remain on the Premises without compensation to Tenant. If Landlord broom clean requests, Tenant shall, at its expense, immediately remove any Alterations or Improvements that have not been approved in writing by Landlord and return the Premises to the condition in good condition, reasonable wear and tear exceptedwhich they were prior to such Alteration. Tenant shall immediately and fully repair any damage to the Premises, the Improvements or the Alterations occasioned Initial---Landlord: _____ Tenant: _____ by removal of any property from the Premises. Any Trade Fixtures installed in the Premises by Tenant at its own expense or other Personal Property of Tenant may be removed on the expiration or earlier termination of this Lease, provided that Tenant is not then in Default, that Tenant bears the cost of such removal, and further that Tenant repairs at its own expense any and all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by Premises resulting from such removal. If Tenant fails to comply with remove any such Trade Fixtures from the terms Premises on the expiration or earlier termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations all such Trade Fixtures shall become the property of Landlord unless Landlord elects to require their removal, in which case Tenant shall promptly remove the same at its expense and restore the Premises to their prior condition. If Tenant does not, upon expiration or termination of this Lease, deliver the Premises to the Landlord in good condition as set forth herein, then the Landlord, at Tenant’s expense, and Tenant shall be liable will bring the Premises to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay good condition as is necessary to Landlord re-lease the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease Agreement (Cardinal Energy Group, Inc.)

Surrender of Possession. Upon On the expiration or upon last day of the sooner termination term of this Lease, or on the sooner termination thereof, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and peaceably surrender the Leased Premises, and all portions thereof, to Landlord broom clean and Premises in good conditioncondition and repair consistent with Tenant's duty to make repairs as herein provided, reasonable wear and tear exceptedand casualty loss excluded. Tenant shall repair all damage to On or before the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling last day of the Leased Premisesterm of this Lease, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction date of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”)thereof, Tenant shall, upon the expiration or sooner termination of the Leaseat its sole cost and expense, remove all of its property and trade fixtures and equipment from the Required Removables and repair all damage caused by such removal. If Premises which Tenant fails is required to comply with remove pursuant to the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant Lease. All property not removed within ten (10) days following receipt of notice from Landlord shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all abandoned property of Tenant from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant and Landlord shall not be liable to for damage, theft, misappropriation or loss thereof and Landlord for all reasonable costs incurred by Landlord shall not be liable in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)any manner in respect thereto. Tenant shall pay to Landlord the amount all reasonable costs and expenses of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationsuch removal, transportation and storage. Tenant shall indemnify reimburse Landlord against loss or liability resulting from delay upon demand for any reasonable expenses incurred by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to removal, transportation, or storage of abandoned property and with respect to restoring said Premises to good order, condition and repair. All alterations, additions and fixtures, other than those which Tenant may, or is required to, remove pursuant to the terms of this Lease, shall remain the property of Landlord and shall be surrendered with the Premises as a part thereof. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of combinations on any vaults, locks and safes left on the Premises. Notwithstanding any provision to the contrary contained herein, in no event shall Tenant be liable for, or otherwise be obligated to pay, lost opportunities to lease to succeeding tenantsactual or potential profits or any other damages of a consequential, speculative, special, punitive or similar nature.

Appears in 1 contract

Samples: Deed of Lease (Coherent Communications Systems Corp)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.any

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and in as good condition, broom clean, as existed at the Commencement Date, damage by casualty or condemnation (which events shall be governed by Articles 10 and 11) and reasonable wear and tear excepted. Except for such reasonable wear and tear, Tenant shall (i) repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall , (ii) patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the roof, floor, interior or exterior walls or ceiling of the Leased PremisesPremises and the Building, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall , and (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all if damage was caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface sameTenant. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal; provided however, Tenant shall not be required to remove the Improvements installed pursuant to the Work Letter. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)returning the Leased Premises to the required condition. Tenant shall pay to Landlord the amount of all reasonable costs so incurred within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Scientific Learning Corp)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside AreasPremises ("Tenants Property"), and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and in good condition, the same condition (except for reasonable wear and tear exceptedtear, acts of god or alterations which Landlord had stated in writing may remain upon expiration or earlier termination of this Lease), broom clean, as existed at the Lease Commencement Date. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s 's removal of Tenant’s property's property and all damage to the exterior of the Building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, tiles and wall coverings and replace as may be required floor coverings to the reasonable satisfaction of Landlord. Subject to paragraph 13.12 B Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved expiration or sooner termination of this Lease, remove any improvements requiring constructed or installed by Tenant which Landlord approval that it desired requests be so removed by Tenant and Tenant shall restore the Leased Premises to have the condition existing prior to the installation of such improvements removed improvements, ordinary wear and tear and casualty damage for which Tenant is not responsible excepted. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0Landlord may, Xxxxxxxx may perform Tenant’s obligations at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the Xxxxx Fargo Bank Prime Rate Plus Two not to exceed the legal rate allowed by Law until paid, payable by Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount within ten days after receipt of all costs so incurred within fifteen (15) days of a statement therefor from Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Avant Corp

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, Premises and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and in good the same condition, reasonable wear and tear exceptedbroom clean, as existed at the Lease Commencement Date(s). Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s 's removal of Tenant’s property's property and all damage in the exterior of the Building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tilestile, wall coverings coverings, except for damage caused by Landlord or Landlord's agents, and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and repair and repaint all damaged walls. Landlord shall retain a mechanical contractor at Tenant's expense to service all heating, ventilating and air conditioning equipment, and Tenant shall pay the reasonable cost for the service and the cost to restore (or replace as required) said equipment to good working order. Tenant shall pay the costs of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas and/or Property [reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements Landlord has notified Tenant that it shall not be required to remove]. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface samesame [reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements Landlord has notified Tenant that it shall not be required to remove]. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease. Landlord may, Xxxxxxxx may perform Tenant’s obligations at Tenant’s 's expense, [after giving notice and time to perform], so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (includingtime as such required and material work is completed [Landlord shall complete any work it performs in a reasonable time period], without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15"Holding Over") days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting to the extent such liability or _______ results from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Industrial Space Lease (Mattson Technology Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and clean, as existed at the earlier of the (a) the date on which Tenant first occupied the Leased Premises pursuant to the Sublease (as defined in good conditionSection 14.3 hereof) or (b) the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas Areas, reasonable wear and tear excepted, and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. In addition to Tenant’s obligations for Tenant (includingset forth in Paragraph 13.2, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Premises and/or the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areasshall remove Alterations if required hereunder, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased PremisesPremises caused by Tenant's removal of Tenant's property Alterations (if required hereunder) including but not limited to spackling holes in walls and uniformly painting such, and all portions thereof, damage to the exterior of the Premises and/or the Building caused by Tenant’s 's removal of Tenant’s property's signs. Tenant shall patch and refinish, to Landlord’s reasonable 's satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair (or replace when the damage cannot be repaired to the satisfaction of Landlord), all stained or damaged ceiling tiles, movable wall partition panels, counter tops, wall coverings and floor coverings to the reasonable satisfaction of LandlordLandlord (for example, damage caused by moly bolts, wall fasteners or other damage to walls). Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant (including but not limited to all cabling and wiring, flooring) and repair all damage caused by such removal. The unit needs to be in the same condition it was rented in. If Tenant fails the Premises are not surrendered to comply with Landlord in the terms of condition required by this Pxxxxxxxx 0.0Paragraph, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Premises to the required condition, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). in addition Tenant shall pay be liable to Landlord for Base Monthly Rent for the Premises in the amount stated in section 13.2 below (regardless if Tenant is not in possession of the Premises) until the Premises are returned to the required condition, plus interest, at the rate stated in Paragraph 3.4, on all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationfrom the date paid by Landlord and the Base Monthly Rent as stated above. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease lease. If any personal property remains, or is left, at the Premises after the expiration or sooner termination of this Lease, then Landlord may, in its sole discretion, sell such personal property upon such terms and conditions as Landlord shall in its sole discretion decide. Landlord shall have all right, title and interest in and to succeeding tenantsall proceeds from said sale. Landlord may also discard, or otherwise dispose of such personal property and Landlord shall have no liability to Tenant or any other third party regarding such personal property. Tenant shall reimburse Landlord for any costs incurred in discarding such personal property. No act or thing done by Landlord or its agents during the term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same is made in writing and signed by Landlord.

Appears in 1 contract

Samples: Industrial Space Lease (SOS Hydration Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs (other than any signs installed by Landlord) from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean clean, as existed upon completion of the Improvement Work in accordance with this Lease and in good conditionthe Work Letter, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s reasonable 's satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord, to the extent such repairs are necessitated by actions that are not considered normal wear and tear. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same, to the extent such repairs are necessitated by actions that are not considered normal wear and tear. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord the improvements were first approved any improvements requiring Landlord approval that it desired to have such certain improvements removed made by Tenant or at the expiration or sooner termination request of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: By And (Equinix Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean and in freshly repainted, as existed at the Lease Commencement Date. Landlord, at Tenant’s expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay the cost to restore (or replace as required), said equipment to good condition, reasonable wear and tear exceptedworking order. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all portions thereof, damage to the exterior of the Building caused by Tenant’s removal of Tenant’s propertysigns. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant: shall replace all burned out light bulbs and damaged or stained light lenses, and shall repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsuntil such work is completed.

Appears in 1 contract

Samples: Acceptance Agreement (ArcSoft, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal person property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, Tenant shall not be required to remove the initial Improvement Work to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any such Improvement Work relates to non-specialized improvements requiring Landlord approval that it desired to have or alterations installed on Tenant's behalf, such improvements removed at shall remain on the Leased Premises upon expiration or sooner prior termination of the this Lease (“Required Removables”)unless Landlord elects to require that Tenant at its sole cost remove such improvements, in which event Tenant shall, upon the expiration or sooner termination of the Lease, shall remove the Required Removables such improvements and shall repair all damage caused by such removal. Landlord agrees upon specific written request by Tenant at the time Tenant shall submit its final improvement drawings for approval by Landlord to notify Tenant in writing which such Improvement Work Landlord will require Tenant to remove from the Premises upon expiration of the Lease Term pursuant to the foregoing. Notwithstanding anything to the contrary hereinabove, Tenant shall have the right to remove any trade fixtures and other personal property belonging to Tenant that do not constitute permanently installed fixtures, as well as the lab benches and items set forth in Section 6.2 attached hereto. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.in

Appears in 1 contract

Samples: Introbiotics Phamaceuticals Inc

Surrender of Possession. Upon On the expiration or upon last day of the sooner termination term of this Lease, Tenant or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of Tenant’s signs its property and trade fixtures and equipment from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereofproperty not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all abandoned property of Lessee from the Premises upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, to Landlord broom clean all at the sole cost and risk of Lessee and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all reasonable costs and expenses of such removal, transportation and storage. Lessee shall leave the Premises in good conditionorder, condition and repair, reasonable wear and tear and damage from fire and other casualty or which is the responsibility of Lessor excepted. Tenant Lessee shall repair all damage reimburse Lessor within thirty (30) days following its receipt of written demand for any expenses incurred by Lessor with respect to removal, transportation, or storage of abandoned property and with respect to restoring said Premises to the Leased condition required by this Lease. All alterations, additions and fixtures, other than Lessee's furniture, personal property, trade fixtures and equipment which have been made or installed by either Lessor or Lessee Upon the Premises, shall remain the property of Lessor and all portions shall be surrendered with the Premises as a part thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to If the floor, walls or ceiling Premises are not surrendered at the end of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration term or sooner termination of the Lease (“Required Removables”)thereof, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant Lessee shall indemnify Landlord Lessor against loss or liability resulting from delay by Tenant Lessee in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or tenants founded on such delay and any losses attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the Premises to Landlord with respect to lost opportunities to lease to succeeding tenantsLessor at the place then fixed for the payment of rent and shall inform Lessor of combinations on any vaults, locks and safes left on the Premises.

Appears in 1 contract

Samples: Office Lease (Exe Technologies Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this LeaseSublease, Tenant Subtenant, at Subtenant’s sole cost and expense, shall remove all of TenantSubtenant’s signs from the exterior of the Building Building, if any, and Outside Areas, if any, shall perform all work described in Exhibit “E” attached hereto and incorporated herein, shall remove all of TenantSubtenant’s inventoryfurniture (including, equipmentwithout limitation, trade fixtureschairs, tables, and office and cubicle furniture), supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas for the Property to Sublandlord in the same condition, broom clean, as existed at the Effective Date, with all Building systems and all portions thereof, to Landlord broom clean and equipment in good working order and condition, damage by casualty or condemnation (which events shall be governed by Articles 10 and 11) and reasonable wear and tear excepted. Tenant Except for such reasonable wear and tear, Subtenant shall (i) repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by TenantSubtenant’s removal of TenantSubtenant’s property. Tenant shall , (ii) patch and refinish, to Head Landlord’s reasonable satisfaction, all penetrations made by Tenant Subtenant or its employees to the roof, floor, interior or exterior walls or ceiling of the Leased PremisesPremises and the Building, whether such penetrations were made with LandlordSublandlord’s approval or not. Tenant shall , (iii) repair or replace all stained ceiling tiles and wall coverings, provided that the same shall not apply in circumstance where Head Landlord agrees pursuant to an amendment to Head Lease that Sublandlord shall not be required to replace floor coverings or damaged ceiling tiles, wall coverings and tiles upon the expiration or sooner termination of the Head Lease (it being understood that no floor coverings in the Premises shall be deemed to have a useful life that extends beyond the reasonable satisfaction expiration or sooner termination of Landlord. Tenant shall the Head Lease), (iv) repair all damage caused by Tenant Subtenant after the Effective Date to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord Sublandlord shall have notified Tenant or is deemed to have notified Subtenant in writing at the time Landlord approved any alterations or improvements requiring Landlord approval were completed that it desired to have such alterations or improvements made by Subtenant or at the request of Subtenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Sublease, Tenant Subtenant shall, at Subtenant’s sole cost and expense, upon the expiration or sooner termination of the LeaseSublease, remove any such alterations or improvements constructed or installed by Subtenant following the Required Removables Commencement Date of this Sublease and Subtenant shall repair all damage caused by such removalremoval at its cost. Without limiting Subtenant's surrender obligations set forth in this Sublease, in order to assist Subtenant in meeting its surrender obligations, Sublandlord and Subtenant agree, upon the written request of either party given not earlier than sixty (60) days prior to the Sublease Expiration Date (as the same may be extended pursuant to Article 14 below), to conduct a walkthrough of the Leased Premises at a mutually convenient time and to use good faith efforts to identify and agree upon items that must be addressed by Subtenant to satisfy Subtenant's surrender obligations. If Tenant fails the Leased Premises, the Building, the Outside Areas or the Property are not surrendered to comply with Sublandlord in the terms condition required by this Section 2.6 at the expiration or sooner termination of this Pxxxxxxxx 0.0Sublease, Xxxxxxxx may perform TenantSublandlord may, at Subtenant’s obligations at Tenant’s cost and expense, so remove Subtenant’s signs, property and/or improvements not so removed and Tenant make such repairs and replacements not so made or hire, at Subtenant’s cost and expense, independent contractors to perform such work. Subtenant shall be liable to Landlord Sublandlord for all reasonable out-of-pocket costs and expenses incurred by Landlord Sublandlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitation, reasonable costs of Landlord’s oversight of removal, repair the Building and replacement work)the Outside Areas to the required condition. Tenant Subtenant shall pay to Landlord Sublandlord the amount of all costs reasonable out-of-pocket cost and expense so incurred within fifteen thirty (1530) days of LandlordSublandlord’s delivery to Tenant of an invoice together with reasonable supporting informationbilling Subtenant for same. Tenant Subtenant shall indemnify Landlord indemnify, defend and hold harmless Sublandlord against any and all loss or liability resulting from delay by Tenant Subtenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Premises in a timely manner on or any losses before the Sublease Expiration Date (as the same may be extended from time to Landlord with respect time) upon and subject to lost opportunities to lease to succeeding tenantsthe terms and conditions of Section 18.2 below.

Appears in 1 contract

Samples: Juniper Networks Inc

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition existing as of December 6, 1999 which is the date Ciena Corporation accepted possession of the Premises (Tenant’s current sublease requires Tenant to return the Premises to the condition existing as of that date and Tenant acknowledges that this same obligation continues with this Lease), broom clean and in good condition, reasonable wear and tear exceptedclean. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s removal of Tenant’s propertyproperty and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint all painted walls. Landlord shall retain a mechanical contractor at Tenant’s expense to service all heating, ventilating, and air-conditioning equipment, and Tenant shall pay the cost for the service and the cost to restore (or replace as required) said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant (or Tenant’s predecessor Ciena Corporation) which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (includingtime as such required work is completed, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Virage Logic Corp

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear tear, damage from casualty and condemnation, and the Initial Tenant Improvements excepted. Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay the cost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant's removal of Tenant's property and all portions thereof, damage to the exterior of the Building caused by Tenant’s 's removal of Tenant’s property's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove any improvements constructed or installed by Tenant, (other than the Required Removables Initial Tenant Improvements), which Landlord requests, at the time of consent to such improvements, be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsuntil such work is completed.

Appears in 1 contract

Samples: Va Linux Systems Inc

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Marvell Technology Group LTD

Surrender of Possession. Upon Original Tenant shall vacate and surrender possession of the Premises on or before March 31, 2022 (the “Surrender Date”) in the condition required under the Lease and this Fifth Amendment for surrender of the Premises at the expiration or upon the sooner earlier termination of this Leasethe Lease Term, except that Original Tenant shall remove surrender the Premises to Assignee with the Purchased FF&E (as defined in the Assignment Agreement) and all of Tenant’s signs from alterations and other leasehold improvements in the exterior Premises as of the Building Assignment Effective Date in its current AS IS condition, subject to normal wear and tear and to the provisions of Article XIV of the Lease (Fire, Casualty and Taking) in respect of any fire, casualty or taking occurring on or prior to the Assignment Effective Date. The Premises shall remove be delivered on the Surrender Date broom clean and free of all of Tenant’s inventory, equipmentfurniture, trade fixtures, furniture, supplies, wall decorations equipment and other personal property (collectivelyof Tenant or anyone claiming by, “Tenant’s FF&E”) from within through or under Tenant except for the Leased PremisesPurchased FF&E. In the event of any fire or casualty to the Premises occurring prior to the Assignment Effective Date, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Original Tenant shall repair all damage be obligated to the Leased Premisescomply with its obligation, and all portions thereofas tenant, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination under Section 14.1 of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, over any claims made by any succeeding tenant or any losses insurance proceeds to Landlord with respect to lost opportunities alterations, additions or improvements within the Premises, which obligation shall survive the Assignment Effective Date and any release of Original Tenant under Section 3(e) of this Fifth Amendment. Notwithstanding the foregoing, Landlord agrees that neither Original Tenant nor Assignee shall be required to lease remove at any time any of the alterations and other leasehold improvements existing in the Premises or the Building (if installed by or on behalf of Original Tenant) as of the Effective Date of this Fifth Amendment, except that (y) Assignee (but not Original Tenant) shall be responsible to succeeding tenantsremove from the Premises, at Assignee’s expense, the Tenant’s Property (including the Purchased FF&E) from the Premises whether existing as of the Assignment Effective Date or thereafter installed by Tenant at the expiration or earlier termination of the Lease Term, and (z) Landlord reserves the right under Section 9.8(N) to require that Assignee remove the Emergency Generator and Generator Connections at the end of the Term. The condition in which Tenant is obligated to surrender possession of the Premises to Assignee under this Section 4 is referred to herein as the “Surrender Condition.” If Original Tenant fails to vacate and surrender possession of the Premises in the condition required under this Fifth Amendment on the Surrender Date (a “Holdover Event”), Original Tenant expressly agrees that such failure shall, because of the Assignment and notwithstanding the ACTIVE/112977395.9 Expiration Date of the Lease, constitute a holding over in the Premises and an immediate Event of Default under the Lease (without any notice or cure period applicable thereto) and, notwithstanding the provisions of Section 16.18 of the Lease to the contrary, the holdover amounts payable under Section 16.18 shall become payable by Original Tenant on a monthly basis (and not on a daily basis) for each month or part thereof that Original Tenant remains in possession of the Premises beyond the Surrender Date. If there is a Holdover Event, Landlord, at Landlord’s sole cost and expense, shall have the right to take all necessary and appropriate action to evict Original Tenant from the Premises by summary dispossess proceeding, judgment for possession or as otherwise provided by applicable law. Assignee agrees to cooperate with Landlord, at no cost to Assignee, in any such summary process action undertaken by Landlord against Original Tenant.

Appears in 1 contract

Samples: Lease (Markforged Holding Corp)

Surrender of Possession. 26.1 Upon expiration of the expiration or upon the sooner termination of this LeaseLease Term, Tenant shall remove all of Tenant’s signs from the exterior of the Building promptly and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and peacefully surrender the Leased PremisesPremises to Landlord, and all portions thereof, to Landlord broom clean and free of all of its furniture, movable fixtures, special equipment and Alterations (if any) required to be removed pursuant to Section 15.3, above, and otherwise in as good conditioncondition as when received by Tenant from Landlord or as thereafter improved, reasonable use and wear and tear and damage by insured casualty excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to If the exterior surface of the Building Premises are not surrendered as and the paved surfaces of the Outside Areas andwhen aforesaid, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant and in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply accordance with the terms of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability all claims, losses, costs, expenses (including reasonable attorneys' fees) and liabilities resulting from the delay by Tenant in so surrendering the Leased Premisessame, including, without limitation, including any claims made by any succeeding occupant! founded on such delay,provided that in order to claim indemnification for consequential damages under this Section (for example, for damages suffered due to termination of a replacement lease or for delay damages payable to any tenant under a replacement lease, due to late delivery arising by rirtue of Tenant failure to surrender possession in a timely fashion), Landlord agrees that it shall be required to provide Tenant with not less than sixty (60) days prior written notice that Landlord has executed (or is in negotiation to execute) a lease which provides for termination or payment of such delay damages if Tenant fails to surrender possession of the Premises by a date certain set forth in such notice (which shall be not less than sixty (60) days after the date of such notice) or upon expiration of the Term (whichever is later), and identifying with reasonable specificity the amount of such damages (or such termination right) which will result if Tenant fails to surrender the Premises in a timely fashion thereafter, or the basis for measuring same. The indemnification set forth in this Section 26 shall survive termination of this Lease. 26.2 With regard to the removal of any leasehold improvements to the Premises as part of Tenant's proper surrender of the Premises pursuant to this Section 26, the parties agree as ollows: If such leasehold improvements constitute Alterations to the Premises within the meaning 0 Article 15 of the Lease, then the provisions of Article 15 shall determine whether Tenant is required to remove such alterations and restore the Premises to its pre-existing condition as part of such surrender obligation. If such leasehold improvements were constructed as part of'Landlordls Work, or otherwise pursuant to Exhibit C of this Lease, Tenant shall not be obligated to remove same and restore the Premises to its pre-existing condition unless (i) such leasehold improvements are not standard Class A office improvements, and (ii) Landlord notified Tenant, at the time of its approval of the Construction Drawings pursuant to Exhibit C, or any losses applicable change order, that Tenant would be required to remove such improvements upon surrender of the Premises and restore the Premises to its pre-existing condition (in which event Tenant, if it elected at such time to Iproceed with the improvements so designated by Landlord with respect for removal upon surrender, shall remove same at the time of its surrender pursuant to lost opportunities this Article 26, and restore the affected portions of the Premises to lease its pre-existing condition). The foregoing provisions to succeeding tenants.the contrary notwithstanding, 54

Appears in 1 contract

Samples: Lease (OMNICELL, Inc)

Surrender of Possession. Upon the expiration of the Term or upon the sooner termination of Tenant’s right of possession to all or a portion of the Premises, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall forthwith quietly and peaceably surrender the Premises or portion thereof to Landlord in good order, repair and condition, ordinary wear, damage by fire or other casualty, taking by eminent domain or caused by Landlord, its agents, employees or contractors excepted. Except as otherwise provided in this Lease, any interest of Tenant in the alterations, improvements and additions to the Premises made or paid for by Landlord or Tenant shall, without compensation to Tenant, become Landlord’s property at the termination of this LeaseLease by lapse of time or otherwise and such alterations, improvements and additions shall be relinquished to Landlord in good condition, ordinary wear, damage by fire or other casualty, taking by eminent domain or caused by Landlord, its agents, employees or contractors excepted. Not later than the termination of the Term or of Tenant’s right of possession Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipmentoffice furniture, trade fixtures, furniture, supplies, wall decorations office equipment and all other personal property (collectively, “items of Tenant’s FF&E”) from within property on the Leased Premises. Subject to Paragraph 12A above, including the Building and the Outside Areas, and Tenant shall vacate and surrender the Leased Premises, and all portions thereof, pay to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all upon demand the cost of repairing any damage to the Leased Premises and to the Building caused by any removal required hereunder. If Tenant shall fail or refuse to remove any such property from the Premises, and all portions thereofLandlord shall, caused by at Tenant’s removal of Tenant’s property. Tenant shall patch and refinishexpense, to Landlord’s reasonable satisfaction, all penetrations made by Tenant (i) remove the same or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent any part in any manner that Landlord shall have notified Tenant in writing at choose, repairing any damage to the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage Premises caused by such removal, and (ii) store the same without incurring liability to Tenant or any other person. If Tenant fails to comply with pay Landlord’s cost relating to such removal, storage and repair and claim such property within thirty (30) days of termination, Tenant shall be conclusively presumed to have abandoned the terms same, and title thereto shall thereupon pass to Landlord without any cost either by set-off, credit, allowance or otherwise and Landlord may destroy or otherwise dispose of this Pxxxxxxxx 0.0the same, Xxxxxxxx may perform but such abandonment shall not affect Tenant’s obligations at Tenant’s expense, and Tenant shall be liable with respect to Landlord for all reasonable the costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premisesstorage, includingrepair, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsdestruction and/or disposition.

Appears in 1 contract

Samples: Office Lease (Investors Financial Services Corp)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building Premises and the Outside Areas, and shall vacate and surrender the Leased Premises, the Outside Areas and all portions thereof, the Property to Landlord broom clean and in good working condition, broom clean, reasonable wear and tear tear, casualty and condemnation excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Buildings and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”)required under Paragraph 6.1, Tenant shall, upon the expiration or sooner termination of the this Lease, remove the any Required Removables (as defined below) and repair all damage caused by such removal. Notwithstanding the foregoing, under no circumstance shall Tenant be required to remove or restore (or pay for any removal or restoration of) the Tenant Improvements or Permitted Alterations (as defined below). Landlord shall be entitled to take this non-removal right of Tenant into account in approving any Tenant Improvements or alterations for which Landlord’s consent is required pursuant to this Lease or the Work Letter. If Tenant fails the Leased Premises, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this Lease at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform following thirty (30) days’ prior written notice to Tenant’s obligations , Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or applicable improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable third-party out-of-pocket costs incurred by Landlord in performing such obligations for Tenant returning the Leased Premises and the Outside Areas to the required condition within thirty (including, without limitation, reasonable costs of 30) days after Landlord’s oversight billing Tenant for same. Any amounts not so paid shall incur interest at the Default Interest Rate from the date overdue. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of removalTenant completing all or any portion of the work required pursuant to this paragraph, repair and replacement work). such consent to be in a written notice specifying the work from which Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of be excused. If Tenant holds over without Landlord’s delivery to permission following the expiration or sooner termination of this Lease, such holdover shall be an Event of Default by Tenant of an invoice together with reasonable supporting information. requiring no notice from Landlord, and Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantstenant.

Appears in 1 contract

Samples: Lease (Personalis, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Leaselease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date. See attached. Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay as a project maintenance cost the cost to restore (or replace as required, said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or wear to the Leased Premises, and all portions thereofBuilding, to Landlord broom clean and in good conditionCommon Areas, reasonable wear and tear exceptedOutside Areas, and/or Property. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s 's removal of Tenant’s property's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint as reasonably necessary all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. See attached. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (includingtime as such required work is completed, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Acceptance Agreement (Asyst Technologies Inc /Ca/)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord broom clean and in good the same condition, broom clean, as existed at the Lease Commencement Date, damage by casualty or condemnation (which events shall be governed by Articles 10 and 11) and reasonable wear and tear excepted. Except for such reasonable wear and tear, Tenant shall (i) repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall , (ii) patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the roof, floor, interior or exterior walls or ceiling of the Leased PremisesPremises and the Building, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall , (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall , (iv) repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal; provided however, Tenant shall not be required to remove the Tenant Improvements installed pursuant to the Work Letter. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventoryequipment (including telecommunications wiring and cabling, equipmentunless Landlord otherwise elects), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Common Areas, the Property, and all portions thereof, the Project to Landlord in broom clean condition and in good conditionas existed on the Lease Commencement Date (or as the Leased Premises may have been thereafter improved, subject to Tenant’s removal obligations set forth below), reasonable wear and tear excepted; provided however, that Tenant shall remove, prior to Lease expiration, any non-standard office improvements then-existing in the Leased Premises. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Common Areas caused by Tenant’s removal of Tenant’s propertyproperty and non-standard office improvements as required hereunder. If Landlord elects by written notice to Tenant not later than ten (10) days prior to the termination or expiration of the Term to require Tenant to surrender Tenant’s telecommunications wiring and cabling, then Tenant shall leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant (as opposed to wear and tear and natural deterioration) to the exterior surface of the Building and the paved surfaces of the Outside Common Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified notifies Tenant in writing that it desires to have certain improvements made by Tenant or at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”including, without limitation, the Tenant Improvements), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. However, Tenant shall not be required to remove any improvements or alterations that are for first class general office use. If Tenant fails the Leased Premises, the Building, the Common Areas, the Property, and the Project are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Common Areas to the required condition, reasonable together with interest on all costs of Landlord’s oversight of removal, repair and replacement work)so incurred from the date paid by Landlord at the Default Interest Rate until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of an invoice together with reasonable supporting informationTenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Common Areas and all portions thereof, the Property to Landlord in good broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Common Areas caused by Tenant’s removal of Tenant’s property. Tenant shall leave its telecommunications wiring and cabling labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. To the extent not caused by Landlord’s lack of maintenance or repairs as required hereunder, Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Common Areas and, where necessary, replace or resurface same. AdditionallyIn the event that the condition set forth in Paragraph 15.1(a) below is satisfied but the Term of this Lease is not extended as provided in Article 15, then, subject to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination terms of the Lease (“Required Removables”)Paragraph 6.1 below, Tenant shall, upon the expiration or sooner termination of the Lease, shall be required to remove the Required Removables all Non-Standard Improvements (as defined below) and repair all damage caused by such removal, but shall not be required to remove any other alterations, modifications, or improvements. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0As used herein, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Guardant Health, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted, and shall repair all damage caused by such removal. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord, to the extent of damage beyond reasonable wear and tear. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas caused by Tenant in connection with removal activities and, where necessary, replace or resurface same, provided, however, that if such damage is covered by Landlord's insurance, Tenant shall only be responsible for the deductible amount, if any. Notwithstanding the foregoing, Landlord reserves the right to require Tenant to remove any specialized improvements, including raised floor computer areas, vaults, and other improvements of such a nature as not likely to be generally usable by likely future tenants of the Building. In the event Landlord requires such removal, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements and repair all damage caused by such removal. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any alterations, modifications or other improvements requiring Landlord approval were completed that it desired to have such alterations, modifications or other improvements removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such alterations, modifications or other improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering returning the Leased Premises, includingthe Building and the Outside Areas to the required condition, without limitation, any claims made by any succeeding tenant or any losses to Landlord together with respect to lost opportunities to lease to succeeding tenants.interest on all costs so incurred

Appears in 1 contract

Samples: Lease (Adept Technology Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building 2 and shall remove all of Tenant’s inventory, equipmentequipment (including telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building 2 and the Outside Common Areas, and shall vacate and surrender the Leased Premises, Building 2, the Common Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear (and casualty that is not the obligation of Tenant under this Lease to repair) excepted, and subject to Article 6 below. Tenant shall repair all damage to the Leased Premises, the exterior of Building 2 and all portions thereof, the Common Areas caused by Tenant’s removal of Tenant’s property. Notwithstanding the foregoing, at any time during the last twelve (12) months of the Lease Term, Tenant may, and in any event prior to removing any telecommunications wiring and cabling Tenant shall, provide Landlord with at least thirty (30) days’ prior written notice that Tenant intends to remove such wiring and cabling, and Landlord may, within the later to occur of (A) ten (10) days after receipt of such notice, and (B) ninety (90) days prior to the expiration of the Lease Term, elect to have Tenant leave such telecommunications wiring and cabling in the Leased Premises, in which case Tenant shall leave the same in its then as-is condition and in any event shall not clip any labeling or coding used to determine the origin, destination and function of the wires and cables. Landlord’s failure to respond within the applicable period shall be deemed an election to have Tenant remove all such telecommunications wiring and cabling. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord, except to the extent such staining or damage was caused by Landlord’s failure to maintain in accordance with Paragraph 5.1(b) below. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building 2 and the paved surfaces of the Outside Common Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that such improvements constitute Non-Standard Office Improvements (as defined in Paragraph 6.1 below) and that Landlord approved any improvements requiring Landlord approval that it desired to have such improvements Non-Standard Office Improvements removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such Non-Standard Office Improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises to the required condition, without limitation, reasonable together with interest on all costs of Landlord’s oversight of removal, repair and replacement work)so incurred from the date paid by Landlord at the Default Interest Rate until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of an invoice together with reasonable supporting information. Tenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsbe excused.

Appears in 1 contract

Samples: By and Between (Applovin Corp)

Surrender of Possession. Upon The New Building shall be the expiration or property of Tenant; however, upon the sooner termination Expiration Date, the New Building shall become the Landlord's property. As of this Leasethe Expiration Date, Tenant shall remove all of Tenant’s signs from the exterior surrender possession of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building Leasehold Premises and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Leasehold Improvements to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant's equipment shall be removed from the Leasehold Premises on or before the Expiration Date. Any of Tenant's property remaining on the Leasehold Premises or on any other part of Flowerfield 30 days after the Expiration Date, which Landlord does not require Tenant to remove, shall repair all become Landlord's property free from any claim of Tenant or any person claiming right to such property through Tenant. Tenant has caused to be installed or otherwise has the exclusive use of the trade fixtures listed in Exhibit "D" or any equipment substituted therefor during the Lease Term, and Tenant has sole responsibility, at Landlord's option, to remove or leave in place, the trade fixtures listed in Exhibit "D" or any equipment substituted therefor during the Lease Term upon the expiration, termination or cancellation of this Lease unless such trade fixtures and/or any additions thereto become affixed to the Leasehold Premises, the removal of which would cause damage to the Leased Leasehold Premises. Except as otherwise permitted under this Lease, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, not remove or cause to Landlord’s reasonable satisfaction, all penetrations made by Tenant be removed any fixtures or its employees to any other installation that was "in place" at the floor, walls or ceiling of Leasehold Premises on the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to Commencement Date without the reasonable satisfaction written consent of Landlord. Tenant shall repair all damage caused by Tenant to At the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination end of the Lease (“Required Removables”)Term, Tenant shall, upon the expiration or sooner termination of Leasehold Premises and all improvements comprising a part thereof will be delivered to the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice vacant broom clean condition together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering all keys to the Leased Leasehold Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease Agreement (Gyrodyne Company of America Inc)

Surrender of Possession. Upon On or before the expiration Expiration Date or upon the sooner termination of this Lease, Tenant Tenant, at its cost and expense, shall (a) peaceably surrender the Premises broom clean, good order, condition and repair consistent with Tenant's duty to make repairs as herein provided, and (b) remove all of Tenant’s signs from the exterior of the Building and shall alterations that Tenant is required to remove all of Tenant’s inventoryunder Section 11, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such any of the foregoing removal. If Tenant fails shall have no obligation to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform remove Tenant’s obligations at Tenant’s expenseWork or any subsequent alterations made to the Premises, and Tenant except as required under Section 11. All property not removed by such date shall be liable to deemed abandoned and may be removed, stored or disposed of by Landlord, at the cost and expense of Tenant. Landlord shall not be responsible for all reasonable costs incurred by Landlord in performing the preservation or safekeeping of such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)property. Tenant shall pay to Landlord, upon demand, all expenses incurred in such removal, storage or disposal of such property and all costs incurred by Landlord to cause the amount Premises to be in the condition required under this Section. Upon the Expiration Date or sooner termination of this Lease, ownership of all costs so incurred within fifteen (15) days of Landlord’s delivery to modifications, improvements, alterations, additions, fixtures, furniture, equipment and personal property not already owned by Landlord that have been made or installed by either Landlord or Tenant of an invoice together upon the Premises shall vest in Landlord and be surrendered with reasonable supporting informationthe Premises. Tenant shall indemnify promptly surrender all keys to the Premises to Landlord against loss or liability resulting from delay at the place then fixed for the payment of Base Rent and shall inform Landlord of combinations to any vaults, locks and safes left at the Premises. The acceptance of keys to the Premises by Tenant in surrendering the Leased PremisesLandlord, includingits agents, without limitationemployees, any claims made by any succeeding tenant contractors or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsother person on Landlord’s behalf, shall not be deemed an acceptance of surrender of the Premises or constitute a termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Antares Pharma, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventoryequipment (including telecommunications installations, equipmentunless Landlord otherwise elects), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Common Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Common Areas caused by Tenant’s removal of Tenant’s property. If Landlord elects by written notice to Tenant not later than thirty (30) days prior to the termination or expiration of the Term to require Tenant to surrender Tenant’s telecommunications installations, then Tenant shall leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of such installations. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord, in each case to the extent such staining or damage was caused by Tenant or any Tenant Parties, reasonable wear and tear excepted. Tenant shall repair all damage caused by Tenant or any Tenant Parties to the exterior surface of the Building and the paved surfaces of the Outside Common Areas and, where necessary, replace or resurface same, reasonable wear and tear excepted. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Common Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building, reasonable the Common Areas and the Property to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion) to accept a cash payment from Tenant in lieu of an invoice together with reasonable supporting informationTenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to remove any of Landlord’s Work upon the expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Biolase, Inc)

Surrender of Possession. Lessee shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Lessee’s Default or otherwise, surrender and deliver to Lessor the Premises and all Improvements in clean, wholesome, good and safe order and condition and in good repair, ordinary wear and tear excepted, and-if Lessee shall thereafter remain in possession thereof it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Lessee may remove furniture, trade fixtures and other personal property belonging to Lessee that are incident to the business of Lessee (as distinguished from personal property used in the operation of the !remises); such furniture, trade fixtures and other personal property belonging to Lessee and incident to the business of Lessee are hereinafter referred to as “Trade Fixtures”. Lessee shall repair any injury or damage to the Premises or the Improvements that may result from such removal. If Lessee does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Lessor may, at its option, remove the same and deliver the same to any other place of business of Lessee or warehouse the same, and Lessee shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Lessor on demand, or Lessor may treat such Trade Fixtures as having been conveyed to Lessor with this Lease as a xxxx of sale, without further payment or credit by Lessor or Lessee. Any holding over by Lessee of the Premises after the expiration or upon of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred fifty percent (150%) of the sooner termination monthly installments of Fixed Rent, plus Additional Rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Lessee the right to hold over after the expiration of this Lease, Tenant shall remove and Lessor may exercise any and all of Tenant’s signs from the exterior remedies at law or in equity to recover possession of the Building Premises and shall remove all may seek damages in the event of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsa hold over tenancy.

Appears in 1 contract

Samples: Triple Net Lease With Purchase Option (Empowered Products, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and in good the same condition, reasonable wear and tear exceptedbroom clean, as existed at the Lease Commencement Date. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s 's removal of Tenant’s property's property and all damage to the exterior of the Building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint all painted walls. Landlord shall retain a mechanical contractor at Tenant's expense to service all heating, ventilating, and air-conditioning equipment, and Tenant shall pay the cost for the service and the cost to restore (or replace as required) said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (includingtime as such required work is completed, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Virage Logic Corp

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Premises and/or the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areasshall remove Alterations if required hereunder, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased PremisesPremises caused by Xxxxxx's removal of Xxxxxx's property Alterations (if required hereunder) including but not limited to spackling holes in walls and uniformly painting such, and all portions thereof, damage to the exterior of the Premises and/or the Building caused by Tenant’s Xxxxxx's removal of Tenant’s propertyXxxxxx's signs. Tenant shall patch and refinish, to Landlord’s reasonable 's satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair (or replace when the damage cannot be repaired to the satisfaction of Landlord), all stained or damaged ceiling tiles, movable wall partition panels, counter tops, wall coverings and floor coverings to the reasonable satisfaction of LandlordLandlord (for example, damage caused by moly bolts, wall fasteners or other damage to walls). Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant (including but not limited to all cabling and wiring) and repair all damage caused by such removal. If Tenant fails the Premises are not surrendered to comply with Landlord in the terms of condition required by this Pxxxxxxxx 0.0Paragraph, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s Xxxxxx's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Premises to the required condition, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). in addition Tenant shall pay be liable to Landlord for Base Monthly Rent for the Premises in the amount stated in section 13.2 below (regardless if Tenant is not in possession of the Premises) until the Premises are returned to the required condition, plus interest, at the rate stated in Paragraph 3.4, on all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationfrom the date paid by Landlord and the Base Monthly Rent as stated above. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant Xxxxxx in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease lease. If any personal property remains, or is left, at the Premises after the expiration or sooner termination of this Lease, then Landlord may, in its sole discretion, sell such personal property upon such terms and conditions as Landlord shall in its sole discretion decide. Landlord shall have all right, title and interest in and to succeeding tenantsall proceeds from said sale. Landlord may also discard, or otherwise dispose of such personal property and Landlord shall have no liability to Tenant or any other third party regarding such personal property. Tenant shall reimburse Landlord for any costs incurred in discarding such personal property. No act or thing done by Landlord or its agents during the term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same is made in writing and signed by Xxxxxxxx.

Appears in 1 contract

Samples: Industrial Space Lease

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, supplies and wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, the Building the Outside Areas to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear tear, casualty and alterations Tenant is not required under this Lease to remove excepted. Tenant shall repair all damage to the Leased PremisesLeases premises, the exterior to the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas andAreas, and where necessary, replace or resurface same. Additionally, to the extent that the Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building or the Outside Areas and Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred and interest thereon within fifteen thirty (1530) days of Landlord’s delivery to Landlord billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, including without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Vivus Inc)

Surrender of Possession. Upon the expiration termination of this Lease whether by forfeiture, lapse of time or otherwise, or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior right to possession of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including Tenant will at once surrender and deliver up the Building and the Outside AreasPremises to Landlord, and shall vacate and surrender the Leased Premisesbroom clean, and all portions thereof, to Landlord broom clean and in good conditionorder, condition and repair, reasonable wear and tear excepted. “Broom clean” means free from all debris, dirt, rubbish, personal property of Tenant, oil, grease, tire tracks or other substances, inside and outside of the Premises. Any damage caused by removal of Tenant from the Premises, including any damages caused by removal of tenant’s equipment, shall be repaired and paid for by Tenant prior to the expiration of the Term. All alterations temporary or permanent, excluding tenant’s equipment, in or upon the Premises placed there by Tenant, shall become Landlord’s property and shall remain upon the Premises upon termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Tenant, unless Landlord requests their removal. If Landlord so requests removal of said additions, hardware, alterations or improvements and Tenant does not make such removal by the termination of this Lease, or within ten (10) days after such request, whichever is later, Landlord may remove the same and deliver the same to any other place of business of Tenant or warehouse same, and Tenant shall repair all damage pay the cost of such removal, delivery and warehousing to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or notLandlord on demand. Tenant shall repair any injury or replace all stained or damaged ceiling tiles, wall coverings and floor coverings damage to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by Premises which may result from such removal. If Tenant fails does not remove tenant’s equipment from the Premises prior to comply with the terms end of this Pxxxxxxxx 0.0the Term, Xxxxxxxx may perform Tenant’s obligations however ended, Landlord may, at Tenant’s expenseits option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall be liable pay the cost of such removal (including the repair of any injury or damage to the Premises resulting from such removal), delivery and warehousing to Landlord for all reasonable costs incurred by on demand, or Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlordmay treat tenant’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses equipment as having been conveyed to Landlord with respect this Lease as a Xxxx of Sale, without further payment or credit by Landlord to lost opportunities to lease to succeeding tenantsTenant.

Appears in 1 contract

Samples: Industrial Space Lease (Rubicon Technology, Inc.)

Surrender of Possession. Upon On or before the expiration date this Lease and the Term hereby created terminate, on or upon before the sooner termination date Tenant's right of this Leasepossession terminates, whether by lapse of time or at the option of Landlord, Tenant shall remove all of Tenant’s signs from will: (a) restore the exterior Premises to the same condition they were in at the beginning of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property Term (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, except for reasonable wear and tear exceptedand as otherwise provided in Article 25 of this Lease) and remove those alterations, improvements and additions installed by or for the benefit of Tenant (including tenant improvements acquired by Tenant from former tenants or existing in the Premises as of the date such space is leased to, or occupied by, Tenant) which Landlord shall request Tenant to remove; (b) remove from the Premises and the Building all of Tenant's personal property; and (c) surrender possession of the Premises to Landlord. If Tenant shall repair all damage fail or refuse to restore the Premises to the Leased Premisesabove-described condition on or before the above-specified date, Landlord may enter into and upon the Premises and put the Premises in such condition, and all portions thereofrecover from Tenant Landlord's cost of so doing. Without limiting the generality of the foregoing, caused Tenant agrees to pay Landlord, upon demand, the cost of restoring the walls, ceiling and floors of the Premises to the same condition that existed prior to the date of the commencement of any alterations, improvements, or additions made by or for Tenant’s removal 's occupancy (or a prior tenant's occupancy if such alterations, improvements or additions were acquired by Tenant from a former tenant) of Tenant’s propertythe Premises. If Tenant shall patch fail or refuse to comply with Tenant's duty to remove all personal property from the Premises and refinishthe Building on or before the above-specified date, to Landlord’s reasonable satisfactionthe parties hereto agree and stipulate that Landlord may, all penetrations made by Tenant at its election: (1) treat such failure or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused refusal as an offer by Tenant to the exterior surface transfer tide to such personal property to Landlord, in which event title thereto shall thereupon pass under this Lease as a bill xx sale to and vest in Landlord absolutely without any cost either by set-off, credit allowance or otherwise, and Landlord may remove, sell, retain, donate, destroy, store, discard, or otherwise dispose of the Building and the paved surfaces all or any part of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent said personal property in any matter that Landlord shall have notified choose; or (2) treat such failure or refusal as conclusive evidence, on which Landlord and any third party shall be entitled absolutely to rely and act, that Tenant in writing has forever abandoned such personal property, and without accepting title thereto, Landlord may at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, Tenant's expense enter into and upon the expiration Premises and remove, sell, retain, donate, destroy, store, discard or sooner termination otherwise dispose of the Lease, remove the Required Removables and repair all damage caused by such removalor any part thereof in any manner that Landlord shall choose without incurring liability to Tenant or to any other person. If Tenant fails to comply In no event shall Landlord ever become or accept or be charged with the terms duties of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, a bailee (either voluntary or involuntary) of any personal property; and the failure of Tenant to remove all personal property from the Premises and the Building shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for forever bar Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord from bringing any action or from asserting any liability against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities any such property which Tenant fails to lease remove. If Tenant shall fail or refuse to succeeding tenantssurrender possession of the premises to Landlord on or before the above-specified date, Landlord may forthwith re-enter the Premises and repossess itself thereof as of its former state and remove all persons and effects therefrom, using such force as may be necessary, without being guilty of any manner of trespass or forcible entry or detainer.

Appears in 1 contract

Samples: Winston Furniture Co of Alabama Inc

Surrender of Possession. Upon At the expiration or upon the sooner any termination of this Lease, or of any hold-over term, Tenant shall remove all of Tenant’s signs from the exterior surrender and deliver to Landlord possession of the Building Demised Premises in the same good condition in which they were delivered at the commencement of the term hereof (with such alterations as may have been approved by Landlord in writing and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, which Landlord does not require to be removed when Landlord broom clean and in good conditiongrants its approval), reasonable wear and tear and damage by casualty and condemnation excepted, broom clean with all of Tenant's merchandise and personal property removed therefrom, and free of subleases and occupants. Tenant shall repair deliver to Landlord keys to all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing doors at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at Demised Premises. Also by the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove Tenant shall deliver to Landlord a copy of an inspection report, prepared by Tenant's mechanical contractor within thirty (30) days of the Required Removables and repair all damage caused by such removalexpiration of the Lease, stating that the HVAC is in good operating condition. If In the event Tenant fails to comply with maintain the terms Demised Premises and HVAC as provided in Paragraph 3(C) above, or if Tenant fails to restore the Demised Premises by the expiration of this Pxxxxxxxx 0.0the Lease as required hereunder, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expensethen Tenant shall be liable for all reasonable third party costs and expenses incurred by Landlord therefor, and Tenant shall be liable to pay Landlord for all reasonable the actual costs incurred by Landlord in performing such obligations to repair the Demised Premises and HVAC and/or restore the Demised Premises plus ten percent (10%) for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants's overhead costs.

Appears in 1 contract

Samples: Lease Agreement (Large Scale Biology Corp)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipmentequipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear damage by casualty and condemnation excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant Landlord to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace extent stained or resurface samedamaged by Tenant. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any the installation of improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by or on behalf of Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx Landlord may perform Tenant’s obligations at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Blue Coat Systems Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean and in freshly repainted, as existed at the Lease Commencement Date. Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay the cost to restore (or replace as required), said equipment to good condition, reasonable wear and tear exceptedworking order. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant's removal of Tenant's property and all portions thereof, damage to the exterior of the Building caused by Tenant’s 's removal of Tenant’s property's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles or shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses, and shall repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsuntil such work is completed.

Appears in 1 contract

Samples: Lease (Centillium Communications Inc)

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Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this Paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx Landlord may perform Tenant’s obligations at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by Law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus interest as above set forth within fifteen (15) ten working days of Landlord’s delivery to billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitationlimitations, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Industrial Space Lease (Alphasmart Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, Premises and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear tear, damage from casualty and condemnation, and the Initial Tenant Improvements excepted. Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay the cost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant's removal of Tenant's property and all portions thereof, damage to the exterior of the Building caused by Tenant’s 's removal of Tenant’s property's signs. Tenant shall patch and refinish, refinish to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove any improvements constructed or installed by Tenant, (other than the Required Removables Initial Tenant Improvements), which Landlord requests, at the time of consent to such improvements, be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, properly and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsuntil such work is completed.

Appears in 1 contract

Samples: Sublease (Va Software Corp)

Surrender of Possession. Upon the expiration or upon the sooner earlier termination of this Leasethe Lease Term, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased PremisesPremises and all keys, gate cards, parking passes, security cards, and all portions thereof, locks connected therewith to Landlord broom clean and in good condition, reasonable order and repair (ordinary wear and tear excepted). Any and all improvements, repairs, alterations and all other property attached to, used in connection with or otherwise installed upon the Leased Premises (i), shall, immediately upon the completion of the installation thereof, be an become Landlord’s property without payment therefor by Landlord, and (ii) shall be surrendered to Landlord upon the expiration or earlier termination of the Lease Term, except that any machinery, equipment or fixtures installed by Tenant and used in the conduct of the Tenant’s trade or business (rather than to service the Leased Premises or any of the remainder of the Building or Premises generally) and all other personalty of Tenant shall repair all damage to remain Tenant’s property and shall be removed by Tenant upon the Leased Premisesexpiration or earlier termination of the Lease Term, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling promptly thereafter fully restore any part of the Leased Premises, whether Premises or the Building damaged by such penetrations were made with Landlord’s approval installation or notremoval thereof. TENANT HOLDING OVER. If Tenant or any person claiming through Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface not immediately surrender possession of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed Leased Premises at the expiration or sooner earlier termination of the Lease (“Required Removables”)Term, Tenant shallthe tenancy shall become month to month and the Landlord shall be entitled to recover compensation for such use and occupancy at the Base Rent plus an additional 5% of Base Rent, upon and Additional Rent payable hereunder as calculated for the last Rent Year prior to the expiration or sooner earlier termination of the Lease, remove Lease Term. Landlord shall also continue to be entitled to retake or recover possession of the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with Leased Premises as herein before provided in case of default on the terms part of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred any loss or damage it may sustain by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs reason of LandlordTenant’s oversight failure to surrender possession of removal, repair and replacement work)the Leased Premises immediately upon the expiration or earlier termination of the Lease Term. Tenant hereby agrees that all the obligation of Tenant and all rights of Landlord applicable during the Lease Term shall pay to Landlord the amount be equally applicable during such period of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantssubsequent occupancy.

Appears in 1 contract

Samples: Commercial Lease Agreement

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, Premises and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear tear, damage from casualty and condemnation, and the Initial Tenant Improvements excepted. Landlord, at Tenant’s expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay the cost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all portions thereof, damage to the exterior of the Building caused by Tenant’s removal of Tenant’s propertysigns. Tenant shall patch and refinish, refinish to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove any improvements constructed or installed by Tenant, (other than the Required Removables Initial Tenant Improvements), which Landlord requests, at the time of consent to such improvements, be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, properly and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsuntil such work is completed.

Appears in 1 contract

Samples: Sublease (@Road, Inc)

Surrender of Possession. Lessee shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Lessee's Default or otherwise, surrender and deliver to Lessor the Premises and all Improvements in clean, wholesome, good and safe order and condition and in good repair, ordinary wear and tear excepted, and if Lessee shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Lessee may remove furniture, trade fixtures and other personal property belonging to Lessee that are incident to the business of Lessee (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Lessee and incident to the business of Lessee are hereinafter referred to as "Trade Fixtures". Lessee shall repair any injury or damage to the Premises or the Improvements that may result from such removal. If Lessee does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Lessor may, at its option, remove the same and deliver the same to any other place of business of Lessee or warehouse the same, and Lessee shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Lessor on demand, or Lessor may treat such Trade Fixtures as having been conveyed to Lessor with this Lease as a xxxx of sale, without further payment or credit by Lessor or Lessee. Any holding over by Lessee of the Premises after the expiration or upon of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred fifty percent (150%) of the sooner termination monthly installments of Fixed Rent, plus Additional Rent and other sums otherwise payable hereunder for the Tenn. Nothing contained in this Section shall be construed to give Lessee the right to hold over after the expiration of this Lease, Tenant shall remove and Lessor may exercise any and all of Tenant’s signs from the exterior remedies at law or in equity to recover possession of the Building Premises and shall remove all may seek damages in the event of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsa hold over tenancy.

Appears in 1 contract

Samples: Triple Net Lease With Purchase Option (Empowered Products, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean clean, as existed at the Lease Commencement Date. Return of Premises to Landlord shall be subject to normal wear and tear, except that all systems shall be in good operating condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s 's removal of Tenant’s property's property and all damage to the exterior of the Building caused by Tenant's removal of Tenant's removal of Tenant's property and all damage to the exterior of the building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls walls, or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and all painted walls. Tenant at its sole cost shall retain a mechanical contractor acceptable to Landlord to service all heating, ventilating, and air-conditioning equipment and restore (or replace as required) said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at die then maximum rate of interest not prohibited by Law unfit paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (includingtime as such required work is completed, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13,2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Industrial Space Lease (Gatefield Corp)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear (and damage from casualty, which is covered by Article 10 hereof) excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Atheros Communications Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace remove all stained or damaged ceiling tiles, wall coverings and floor coverings Specialized Improvements (as defined in the Work Letter) identified by Landlord pursuant to the reasonable satisfaction of LandlordWork Letter and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface the same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the lesser of (includingi) that rate quoted by Xxxxx Fargo Bank, without limitation, reasonable costs N.T. & S.A. from time to time as its prime rate plus 5% or (ii) the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen thirty (1530) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Ultratech Stepper Inc)

Surrender of Possession. Upon At the expiration or upon the sooner any termination of this Lease, or of any holdover term, Tenant shall remove all of Tenant’s signs from the exterior surrender and deliver to Landlord possession of the Building Demised Premises in the same good condition in which they were delivered at the commencement of the term hereof (with such Alterations as may have been approved by Landlord in writing and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, which Landlord does not require to be removed when Landlord broom clean and in good conditiongrants its approval), reasonable wear and tear excepted, broom clean with all of Tenant’s merchandise and personal property removed therefrom, and free of subleases and occupants. Tenant shall repair deliver to Landlord keys to all damage doors at the Demised Premises. Also by the expiration of the Lease, Tenant shall deliver to the Leased PremisesLandlord a copy of an inspection report, and all portions thereof, caused prepared by Tenant’s removal mechanical contractor within thirty (30) days of Tenant’s propertythe expiration of the Lease, stating that the HVAC is in good operating condition. In the event Tenant fails to maintain the Demised Premises and HVAC as provided in Section 3(C) above, or if Tenant fails to restore the Demised Premises by the expiration of the Lease as required hereunder, then Tenant shall patch be liable for all costs and refinishexpenses incurred by Landlord therefor, and Tenant shall pay Landlord the actual costs incurred by Landlord to repair the Demised Premises and HVAC and/or restore the Demised Premises plus fifteen percent (15%) for Landlord’s reasonable satisfactionoverhead costs and administrative expenses. All voice, all penetrations made data and/or security wiring or cabling installed in the Demised Premises by Tenant or its employees to during the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination Term of the Lease (“Required RemovablesTenant’s Cabling), ) shall be removed by Tenant shall, upon prior to the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If unless Landlord consents to Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform leaving Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord Cabling for all reasonable costs incurred by Landlord future use in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Demised Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Senseonics Holdings, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear tear, acts of God, condemnation, Excluded Hazardous Materials (defined in Section 4.7, below), and alterations with respect to which Landlord has not reserved the right to require removal excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and and, the paved surfaces of the Outside Areas and, where necessarynecessary and subject to the provisions of Section 13.12(c), pay Tenant's Share of the costs to replace or resurface same. AdditionallyIn addition, if directed to the extent that do so by Landlord shall have notified Tenant in writing at the time Landlord approved Tenant requests Landlord's consent to any improvements requiring Landlord approval that it desired to have such constructed or installed by or on behalf of Tenant (including without limitation the improvements removed at contemplated by the expiration or sooner termination of the Lease (“Required Removables”), Work Letter) Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Tenant and repair all damage caused by such removal. It is understood and agreed that unless Tenant's request for consent includes the following statement in bold type, Landlord shall be deemed to have reserved its right to require removal at the end of the term: "PURSUANT TO SECTION 2.6 OF OUR LEASE, UNLESS YOU, THE LANDLORD, STATE IN RESPONSE TO THIS REQUEST FOR CONSENT TO OUR INSTALLATION OF IMPROVEMENTS THAT YOU WILL REQUIRE REMOVAL OF SUCH IMPROVEMENTS AT THE END OF THE LEASE, YOU WILL BE DEEMED TO HAVE WAIVED YOUR ABILITY TO REQUIRE SUCH REMOVAL." If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen twenty (1520) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Simplex Solutions Inc

Surrender of Possession. Upon the expiration or upon the sooner other termination of this Leasethe Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear expected, and Tenant shall remove all of Tenant’s signs its property therefrom. Prior to the end of the Term, Tenant may remove from the exterior Premises such readily removable improvements to the Premises made and paid for by Tenant, provided that (i) Tenant shall not remove any improvements which shall result in the Premises being improved below building standard (defined as those improvements installed by Landlord in accordance with Exhibit "C" hereto), (ii) Tenant shall not remove any mechanical, electrical or plumbing fixtures or conduits providing heat, light, power, water, plumbing, air conditioning, ventilation or other essential services to the Premises (as distinguished from removable equipment therein) except for special or upgraded fixtures installed by Tenant which are replaced by Tenant with fixtures customarily and normally used in offices in other portions of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside AreasOffice Building, and shall vacate and surrender (iii) prior to the Leased Premisesend of the Term, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all at its sole expense restore any damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by Premises resulting from such removal. If Tenant fails does not remove its property of every kind and description from the Premises prior to comply with the terms end of the Term, however ended, Tenant shall be conclusively presumed to have conveyed the same to Landlord under this Pxxxxxxxx 0.0, Xxxxxxxx Lease as a xxxx of sale without further payment or credit by Landlord to Tenant and Landlord may perform Tenant’s obligations at Tenant’s expense, remove the same and Tenant shall be liable pay the cost of such removal and the cost of repairing any damage caused thereby to Landlord upon demand and, (iv) Tenant when vacating the Premises shall do so after 6:00 p.m. so as not to disturb the use of the elevators for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding other tenants.

Appears in 1 contract

Samples: Endorex Corp

Surrender of Possession. Upon On the expiration or upon last day of the sooner termination term of this Lease, or on the sooner termination thereof, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and peaceably surrender the Leased Premises, and all portions thereof, to Landlord broom clean and Premises in good conditioncondition and repair consistent with Tenant's duty to make repairs as herein provided, reasonable wear and tear exceptedand casualty loss excluded. Tenant shall repair all damage to On or before the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling last day of the Leased Premisesterm of this Lease, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction date of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”)thereof, Tenant shall, upon the expiration or sooner termination of the Leaseat its sole cost and expense, remove all of its property and trade fixtures and equipment from the Required Removables and repair all damage caused by such removal. If Premises which Tenant fails is required to comply with remove pursuant to the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant Lease. All property not removed within ten (10) days following receipt of notice from Landlord shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all abandoned property of Tenant from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant and Landlord shall not be liable to for damage, theft, misappropriation or loss thereof and Landlord for all reasonable costs incurred by Landlord shall not be liable in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)any manna in respect thereto. Tenant shall pay to Landlord the amount all reasonable costs and expenses of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationsuch removal, transportation and storage. Tenant shall indemnify reimburse Landlord against loss or liability resulting from delay upon demand for any reasonable expenses incurred by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities removal, transportation, or storage of abandoned property and with respect to lease restoring said Premises to succeeding tenantsgood order, condition and repair. All alterations, additions and fixtures, other than those which Tenant may, or is required to, remove pursuant to the terms of this Lease, shall remain the property of Landlord and shall be surrendered with the Premises as a part thereof. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of combinations on any vaults, locks and safes left on the Premises. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL TENANT BE LIABLE FOR, OR OTHERWISE BE OBLIGATED TO PAY, LOST ACTUAL OR POTENTIAL PROFITS OR ANY OTHER DAMAGES OF A CONSEQUENTIAL, SPECULATIVE, SPECIAL, PUNITIVE OR SIMILAR NATURE. THE TERMS OF THIS SECTION 13.1 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.

Appears in 1 contract

Samples: Stanford Telecommunications Inc

Surrender of Possession. Upon the expiration of the term of this Sublease or upon the sooner termination of this Subtenant's right of possession (in whole or in part) other than in connection with the purchase of the Deacon Premises from Landlord pursuant to the Deacon Purchase Agreement, whether by lapse of time or at the option of Sublandlord as herein provided or upon termination of the Master Lease, Tenant Subtenant forthwith shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased PremisesDeacon Premises to Sublandlord in the same repair and condition as existed in the Deacon Premises upon the Commencement Date, and all portions thereof, to Landlord broom clean and in good condition, reasonable ordinary wear and tear excepted. Tenant Upon the termination of the term of this Sublease or of Subtenant's right of possession or upon termination of the Master Lease, Subtenant shall repair remove (a) Subtenant's inventory, equipment, office furniture, trade fixtures, office equipment, and all other items of Subtenant's personal property on the Deacon Premises and (b) all improvements which Landlord or Sublandlord has directed Subtenant to remove at the end of the term of this Sublease that were not installed by Sublandlord or Landlord or were not in the Deacon Premises as of the date of this Sublease and all other items, if any, required to be removed by Subtenant pursuant to SECTION 8 of the Master Lease. Subtenant shall pay to Sublandlord upon demand the cost of repairing any damage to the Leased Deacon Premises and to the Building caused by any such removal. If Subtenant shall fail or refuse to remove any such property from the Deacon Premises, Subtenant shall be conclusively presumed to have abandoned the same, and all portions thereoftitle thereto shall, caused at Sublandlord's option, pass to Sublandlord without any cost either by Tenant’s removal of Tenant’s set-off, credit, allowance, or otherwise, and Sublandlord at its option may accept the title to such property. Tenant , or at Subtenant's expense may (i) remove the same or any part in any manner that Sublandlord shall patch and refinishchoose, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees repairing any damage to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage Deacon Premises caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable (ii) store, destroy, or otherwise dispose of the same without incurring liability to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Subtenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsother person.

Appears in 1 contract

Samples: Sublease Agreement (Voyager Petroleum, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Commencement Date, reasonable wear and tear tear, damage by casualty and condemnation and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace as needed all light bulbs and ballasts in the Leased Premises. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent for alterations made by Tenant that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements requested be removed at the expiration or sooner upon termination of the Lease (“Required Removables”)under Paragraph 6.1, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen twenty (1520) days of Landlord’s delivery to billing Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsfor same.

Appears in 1 contract

Samples: Office Lease (Cortina Systems Inc)

Surrender of Possession. Upon the expiration of the term or any extension thereof, or upon the sooner termination of this LeaseLessee's right of possession whether by lapse of time or at the option of Lessor as herein provided, Tenant Lessee shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and forthwith surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and Lessor in good order, repair and condition, reasonable ordinary wear and tear excepted. Tenant Any interest of Lessee in the alterations, improvements and additions to the Premises (including without limitation all carpeting and floor covering) made or paid for by Lessor or Lessee shall repair all become Lessor's property at the termination of this Lease by lapse of time or otherwise, and such alterations, improvements and additions shall be relinquished to Lessor in good condition, ordinary wear and tear excepted. At the termination of the term or of Lessee's right of possession, Lessee agrees to remove the following items of Lessee's property: office furniture, trade fixtures, office equipment and other items of Lessee's property on the Premises. Lessee shall pay to Lessor upon demand the cost of repairing any damage to the Leased Premises and to the Building caused by any such removal. If Lessee shall fail or refuse to remove any such property from the Premises, Lessee shall be conclusively presumed to have abandoned the same, and all portions thereoftitle thereto shall thereupon pass to Lessor without any cost (by set-off, credit, allowance or otherwise), and Lessor may at its option accept the title to such property or at Lessee's expense may (a) remove the same or any part in any manner that Lessor may choose, repairing any damage to the Premises caused by Tenant’s removal of Tenant’s property. Tenant shall patch such removal, and refinish(b) store, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling at Lessee's expense of the Leased Premisessame without incurring liability to Lessee or any other person. As it relates to rooftop or ground mounted transceiving equipment, whether such penetrations were made with Landlord’s approval or notLessee shall remove said equipment within forty-five (45) days after Lessee's receipt of written notice from Lessor, and weather conditions permitting. Tenant If Lessee fails to remove said equipment, Lessor shall repair or replace all stained or damaged ceiling tiles, wall coverings remove said equipment and floor coverings to restore the reasonable satisfaction of Landlordaffected area as provided herein. Tenant shall repair all damage caused by Tenant to Upon the exterior surface expiration of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination then current term of the Lease, the Lessor shall have the right to remove any of Lessee's equipment remaining in the Required Removables and repair all damage caused by such removal. If Tenant fails Leased Premises only if Lessor (a) utilizes specially trained personnel to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expensedo so, and Tenant (b) gives concurrent notice to Lessee. Any cost incurred by Lessor to remove Lessee's equipment shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsat Lessee's expense.

Appears in 1 contract

Samples: Asset Purchase Agreement (Susquehanna Media Co)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord broom clean and in good the same condition, broom clean, as existed at the Lease Commencement Date, damage by casualty or condemnation (which events shall be governed by Articles 10 and 11) and reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at a rate equal to the greater of (includinga) 12%, without limitationor (b) the sum of that rate quoted by Wellx Xxxgo Bank, reasonable costs N.T. & S.A. from time to time as its prime rate, plus two percent (2%) ("Wellx Xxxme Plus Two"), but no event greater than the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Webex Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building Building, if any (the foregoing shall not imply any right to place signs on the exterior of the Building, it being agreed that any such rights shall be pursuant to Paragraph 4.6 only) and shall remove all alterations made which are specific to Tenant's specific use unless the Building is scheduled for demolition upon the expiration or sooner termination of the Lease, Tenant’s inventory, equipment's equipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas used by Tenant, including the Restricted Areas, and all portions thereof, the Property to Landlord broom clean and in good conditioncondition and repair, broom clean, reasonable wear and tear excepted. Upon the request of Landlord, Tenant shall repair all any damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. If the Building is not scheduled for demolition at the time Tenant vacates the Leased Premises, Tenant shall (a) patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall ; (b) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall ; and (c) repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Thirty (30) days prior to the expiration or earlier termination of the Lease, Landlord and Tenant shall perform a walk-thru of the Leased Premises at which time Landlord shall indicate which improvements must be removed; provided, however, Tenant may request that such walk-thru occur up to one hundred twenty (120) days prior to the expiration or sooner termination of this Lease. Additionally, to the extent that Landlord notifies Tenant in accordance with the foregoing sentence or if Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord the installation of improvements was approved any improvements requiring Landlord approval by Lender that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, unless the Building is scheduled for demolition upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs and/or personal property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the lesser of ten percent (including, without limitation, reasonable costs 10%) or the maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen thirty (1530) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased PremisesPremises in the condition required herein, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsTenant.

Appears in 1 contract

Samples: Lease (Passionate Pet, Inc.)

Surrender of Possession. Upon Tenant acknowledges that it has occupied the Leased Premises prior to the Commencement Date pursuant to that certain Lease between Landlord, as successor-in-interest to Green Valley Corporation, and Tenant, dated December 30, 1999, as amended (the “Prior Lease”). Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventoryequipment (including telecommunications wiring and cabling, equipmentunless Landlord otherwise elects), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Common Areas and all portions thereof, the Property to Landlord broom clean and with all building systems in good conditionworking order (to the extent the same are Tenant’s responsibility under this Lease or were Tenant’s responsibility under the Prior Lease during the term thereof). Notwithstanding the foregoing, reasonable wear Tenant will not be required to remove any alterations or improvements installed by or for Tenant in the Premises during the term of the Prior Lease (other than the lab in the parking garage which must be removed and tear exceptedall damage caused by such removal repaired on or before the expiration or earlier termination of this Lease). Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Common Areas caused by Tenant’s removal of Tenant’s property. If Landlord elects by written notice to Tenant not later than twenty-five (25) days prior to the termination or expiration of the Term to require Tenant to surrender Tenant’s telecommunications wiring and cabling, then Tenant shall leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floorfoundation, exterior walls or ceiling roof of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Common Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant during the Lease Term hereof removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Common Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Common Areas to the required condition, reasonable together with interest on all costs of Landlord’s oversight of removal, repair and replacement work)so incurred from the date paid by Landlord at the Default Interest Rate until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of an invoice together with reasonable supporting informationTenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants. Attached hereto as Exhibit C is a list of all service contracts in place for the Building. Landlord will have the option by delivery of written notice to Tenant not less than forty-five (45) days (or within five (5) business days after any early termination of this Lease) prior to the Lease Expiration Date, to elect that Tenant either (i) terminate such contracts or (ii) assign such contracts to Landlord, in either case at Tenant’s sole cost, with such termination or assignment being effective as of the Lease Expiration Date. Landlord shall have no obligation to assume, or have any liability with respect to, any such contracts except to the extent Landlord assumes in writing such contracts. Tenant shall work cooperatively and in good faith at Landlord’s request to assign the service contracts as to the Building to Landlord and shall not terminate service to the Building under any service contract without delivering at least three (3) business days’ notice thereof to Landlord unless Landlord has previously informed Tenant that it is not interested assuming a contract. Tenant represents and warrants that there are no service contracts relating to the Building held by Subtenant.

Appears in 1 contract

Samples: Short Term Lease (Echelon Corp)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date. Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay the cost to restore (or replace as required), said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or wear to the Leased Premises, and all portions thereofBuilding, to Landlord broom clean and in good conditionCommon Areas, reasonable wear and tear exceptedOutside Areas, and/or Property. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant's removal of Tenant's property and all portions thereof, damage to the exterior of the Building caused by Tenant’s 's removal of Tenant’s property's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises are not, surrendered to comply with Landlord in the terms condition required by this Article at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease. Landlord may, Xxxxxxxx may perform Tenant’s obligations at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs coats incurred by Landlord in performing returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (includingtime as such required work is completed, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Acceptance Agreement (Virage Logic Corp)

Surrender of Possession. Upon All alterations, improvements and additions to the expiration Premises, whether temporary or upon permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord's property at the sooner termination of this LeaseLease by lapse of time or otherwise and shall, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventoryunless Landlord requests their removal as hereinafter set forth, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, be relinquished to Landlord broom clean and in good condition, reasonable ordinary wear and tear excepted. Upon the expiration of the Term or upon the termination of Tenant's right of possession, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall forthwith surrender the Premises to Landlord in good order, repair all and condition, ordinary wear and tear and damage by fire or other casualty excepted, and shall, if Landlord so requires, remove those alterations, improvements and additions to the Leased Premises, Premises including built-in furniture or shelves and all portions thereofother attached items which Landlord shall request Tenant remove and restore the Premises to the condition existing at the beginning of the Term, caused ordinary wear and tear and damage by Tenant’s removal of Tenant’s property. fire or other casualty excepted; provided, however, that Tenant shall patch and refinishnot be obligated to remove building standard items or items, or alterations, improvements or additions as to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that which Landlord shall have notified Tenant has waived in writing upon the written request of Tenant for such waiver, at the time Landlord approved any improvements requiring Landlord of approval that it desired of the plans therefor pursuant to have such improvements removed at Section 8 hereof, its right to require their removal. Prior to the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration Term or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms Tenant's right of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and possession Tenant shall be liable to Landlord for remove its office furniture, trade fixtures, office equipment and all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs other items of Landlord’s oversight of removal, repair and replacement work)Tenant's movable property on the Premises. Tenant shall pay to Landlord upon demand the amount cost of all costs so incurred within fifteen repairing any damage to the Premises and to the Building caused by any removal. If Tenant shall fail or refuse to remove any property which it is required to remove from the Premises, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost either by set-off, credit, allowance or otherwise, and Landlord may at its option accept the title to such property or at Tenant's expense may (15i) days remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Premises caused by such removal, and (ii) store, destroy or otherwise dispose of Landlord’s delivery the same without incurring liability to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsother person.

Appears in 1 contract

Samples: Agreement (Orbitz Inc)

Surrender of Possession. Upon On the expiration last day of the Term, or upon on the sooner termination thereof, Sequel will peaceably surrender the Leased Premises in good condition and repair, ordinary wear and tear and casualty loss excepted, consistent with Sequel’s duty to make repairs as herein provided. On or before the last day of this Leasethe Term, Tenant shall or the date of sooner termination hereof, Sequel will, at its sole cost and expense, remove all of Tenant’s signs its property and equipment from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions property not removed will be deemed abandoned. Sequel hereby appoints Harmony its agent to remove all abandoned property of Sequel from the Leased Premises upon termination of this Lease and to cause its transportation and storage for Sequel’s benefit, all at the sole cost and risk of Sequel. Harmony will not be liable for damage, theft, misappropriation or loss thereof, to Landlord broom clean and Harmony will not be liable in any manner in respect thereto. Sequel will pay all costs and expenses of such removal, transportation, and storage. Sequel will leave the Leased Premises in good order, condition, and repair, reasonable wear and tear tear, and insured damage from fire and other casualty excepted. Tenant shall repair all damage Sequel will reimburse Harmony upon demand for any expenses incurred by Harmony with respect to removal, transportation, or storage of abandoned property and with respect to restoring such Premises to good order, condition, and repair. All alterations, additions, and fixtures, other than Sequel’s property and equipment that have been made or installed by either Harmony or Sequel on the Leased Premises, will remain the property of Harmony and will be surrendered with the Leased Premises as a part thereof. Sequel will promptly surrender all portions thereofkeys for the Leased Premises to Harmony at the place then fixed for the payment of rent and will inform Harmony of combinations on any vaults, caused by Tenant’s removal of Tenant’s property. Tenant shall patch locks, and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of safes left on the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease of Real Property

Surrender of Possession. Upon Subject to subparagraph 2.6(b) below, immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building Buildings and shall remove all of the Removable Tenant Improvements (as defined in Schedule 1 attached hereto), Specialized Tenant Improvements (as defined in the Work Letter), Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, Premises and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the date Tenant first occupied the Leased Premises for conduct of its business, reasonable wear and tear tear, and casualty and condemnation (which are covered by Articles 10 and 11 hereof) excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building Buildings and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises and the Property to the required condition, without limitation, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants. In the event this Lease terminates prior to the full 15 year four month term for any reason other than a default by Tenant (for example, if the Lease is terminated by Landlord or Tenant in accordance with Articles 10 or 11), then Tenant shall be permitted a period of sixty (60) days from the date of such termination to comply with the terms of this Paragraph 2.6. Notwithstanding subparagraph 2.6(a) above, Tenant shall not be required or permitted to remove (1) Existing Hazardous Materials or Landlord's Post Commencement Hazardous Materials (as defined in Paragraph 4.1l below) or (2) Landlord's Improvements (as such term is defined and illustrated on Schedule 1 attached hereto), provided that Landlord may require Tenant to remove any improvements that contain Hazardous Materials other than Existing Hazardous Materials or Landlord's Post Commencement Hazardous Materials (as defined in Paragraph 4.11 below), or that were not constructed or attached in compliance with all Laws and Private Restrictions.

Appears in 1 contract

Samples: Lease (Cell Genesys Inc)

Surrender of Possession. Upon Not later than the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations decorations, special improvements (as defined in Exhibit B) and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear tear, acts of God and condemnation excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen twenty (1520) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Aviron

Surrender of Possession. Upon the expiration Termination Date or upon the sooner termination of this Lease, Tenant shall remove Tenant's right of possession of all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling any portion of the Leased Premises, whether such penetrations were made with Landlord’s approval by lapse of time or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time option of Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration as herein provided or sooner termination of the Lease (“Required Removables”)otherwise, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails subject to comply with the terms of this Pxxxxxxxx 0.0Section 10.2 hereof, Xxxxxxxx may perform forthwith surrender the Leased Premises and those other portions of the Building that Tenant is using or maintaining to Landlord in their then "as-is", but broom-clean, condition and shall repair any damage to any such areas whether caused by Tenant’s obligations at 's vacation thereof or Tenant’s expense's removal of any items therefrom. Prior to the Termination Date or termination of Tenant's right of possession of the Leased Premises or any portion thereof, whichever is earlier, Tenant shall remove its office furniture, trade fixtures, office equipment, telephone and computer systems (excluding wiring), and all other items of Tenant's property that Tenant is required to remove pursuant to Section 10.2 above, from the Leased Premises and shall be liable surrender the Leased Premises to Landlord for in their then "as-is", but broom-clean, condition and shall deliver keys and combinations to all reasonable costs incurred by Landlord locks, vaults, cabinets and safes remaining in performing such obligations for the Leased Premises. Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)covenants that it shall not allow waste to occur within the Leased Premises at any time during the Term. Tenant shall pay to Landlord upon demand the amount cost of all costs so incurred within fifteen repairing any damage to the Leased Premises or to the Building caused by any such removal or failure to remove items that Tenant is required to remove under this Article or Section 10.2. If Tenant shall fail or refuse to remove any such property or improvements from the Leased Premises or the Building, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost to Landlord, whether by set-off, credit, allowance or otherwise, and Landlord, may at its option accept the title to such property, and (15i) days store, destroy or otherwise dispose of Landlord’s delivery the same without incurring liability to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord other person, and (ii) at Tenant's expense may (only with respect to lost opportunities items which Tenant is required to lease remove pursuant to succeeding tenantsthis Article or Section 10.2) remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Leased Premises or the Building caused by such removal. In the event Landlord incurs any removal or storage or other costs by reason of Tenant's failure to remove any property which Tenant is obligated to remove under this Article, Tenant upon demand shall pay to Landlord the reasonable, out-of-pocket amount of costs so incurred. The provisions of this Article 18 shall survive the expiration or termination of this Lease in accordance with Section 30.14 hereof.

Appears in 1 contract

Samples: Lease (Privatebancorp, Inc)

Surrender of Possession. Upon the expiration or upon the sooner termination of this Leasethe Lease Term, Tenant howsoever effected, Lessee shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and forthwith surrender the Leased PremisesPremises and the Assets (including the Substitute Assets) (as defined in Section Seventeen (17) herein) to Lessor, free and clear of all claims, liens, security interests and other encumbrances (except those existing on the Effective Date), and all portions thereof, to Landlord broom clean other encumbrances approved in writing by Lessor during the Lease Term and in as good conditionworking order and condition as on the Effective Date, reasonable ordinary wear and tear excepted. Tenant Lessor's Assets and Substitute Assets shall be surrendered to Lessor and all equipment surrendered shall have an aggregate functional capability at least equal to the aggregate functional capability of the equipment and Assets owned by or leased by Lessor and leased to Lessee as of the Commencement Date. Lessor shall have the option to purchase all or any portion of the inventory on hand as of the expiration or termination of this Lease for a purchase price equal to the lesser of the cost to Lessee or the market value of such inventory so purchased. If Lessor exercises such purchase option, Lessee shall execute and deliver to Lessor such bills of sale and assignments and other documents as Lessor may require. All assets owned by Lessee and not purchased by Lessor shall remain the sole and exclusive property of Lessee upon termination or expiration of this Lease. To the extent Lessor does not exercise Lessor's purchase option in respect of Lessee's equipment or inventory as described herein, Lessee may remove Lessee's equipment or inventory from the Leased Premises upon the expiration or termination without cause of the Lease Term; provided, however, that Lessee shall be responsible for and shall immediately repair all any damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s the removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsLessee's equipment.

Appears in 1 contract

Samples: Lease Agreement (LHC Group, Inc)

Surrender of Possession. Upon Subject to the last subparagraph of the paragraph captioned "Damage or Destruction*. Tenant shall, at the expiration or upon earlier termination of this Lease, surrender and deliver the sooner Premises to Landlord in as good condition as when received by Tenant from Landlord or as later improved, reasonable use and wear excepted. 4.7 REMOVAL OF PROPERTY Upon expiration or earlier termination of this Lease, Tenant shall may remove its personal property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and (d) Tenant immediately repairs all of Tenant’s signs damage caused by or resulting from such removal. All other property in the exterior of the Building Premises and shall remove all of Tenant’s inventoryany Tenant Alterations (including, equipmentwall-to-wall carpeting, trade fixtures, furniture, suppliespaneling, wall decorations covering or lighting fixtures and apparatus or Telecommunication Facilities,) or any other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees article affixed to the floor, walls walls, ceiling or ceiling any other part of the Leased Premises or Building, shall become the property of Landlord and shall remain upon and be surrendered with the Premises, whether such penetrations were made with Landlord’s approval except as may be otherwise provided in the paragraph captioned Tenant Alterations'' or notthe paragraph captioned Tenant's Contribution to Tenant Improvement Costs". Tenant shall repair waives all rights to any payment or replace all stained or damaged ceiling tilescompensation for such property. If, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner earlier termination of the this Lease (“Required Removables”)or at such time as Landlord exercises its right or re-entry, Tenant shallhas failed to remove any property from the Premises, upon the expiration Building or sooner termination of the Land which it is entitled or required to remove as provided in this Lease, Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the Required Removables account and repair all damage caused by such removalat the expense of Tenant. If Tenant fails to comply with pay the terms cost of this Pxxxxxxxx 0.0storing any such property, Xxxxxxxx Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may perform become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant’s obligations at Tenant’s expense, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or later become due Landlord from Tenant shall be liable under this Lease; and, fourth, the balance, if any, to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work)Tenant. Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.4.8

Appears in 1 contract

Samples: Agave Corporate Center (Dynamic Biometric Systems, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of LandlordLandlord to the extent the condition of such items exceeds normal wear and tear. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Notwithstanding the foregoing, Landlord reserves the right to require Tenant to remove any specialized improvements, including raised floor computer areas, vaults, and other improvements of such a nature as not likely to be generally usable by likely future tenants of the Building. In the event Landlord requires such removal, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements and repair all damage caused by such removal. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Va Linux Systems Inc

Surrender of Possession. Upon On the expiration last day of the Term, or upon on the sooner termination of this Leasethereof, Tenant shall will peaceably surrender the Premises in good condition and repair consistent with Tenant's duty to make repairs as herein provided. Subject to this Section 13.1, on or before the last day of the Term, or the date of sooner termination thereof, Tenant will, at its sole cost and expense, remove all of Tenant’s signs its property and trade fixtures and equipment from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereofproperty not removed will be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all abandoned property of Tenant from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, to all at the sole cost and risk of Tenant and Landlord broom clean will not be liable for damage, theft, misappropriation or loss thereof and Landlord will not be liable in any manner in respect thereto. Tenant will pay all costs and expenses of such removal, transportation and storage. Tenant will leave the Premises in good conditionorder, condition and repair, reasonable wear and tear and damage from fire and other casualty not caused by Tenant excepted. Tenant shall repair all damage will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation, or storage of abandoned property and with respect to restoring such Premises to good order, condition and repair. All alterations, additions and fixtures, other than Tenant's trade fixtures and equipment which have been made or installed by either Landlord or Tenant upon the Leased Premises, will remain the property of Landlord and all portions will be, surrendered with the Premises as a part thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to If the floor, walls or ceiling Premises are not surrendered at the end of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration Term or sooner termination of the Lease (“Required Removables”)thereof, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall will indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or tenants founded on such delay and any losses attorneys' fees resulting therefrom. Tenant will promptly surrender all keys for the Premises to Landlord with at the place then fixed for the payment of rent and will inform Landlord of combinations on any vaults, locks and safes left on the Premises. Within ten (10) days after the Final Leasehold Improvement Plans have been approved by Tenant, Landlord will notify Tenant of which portions of the Leasehold Improvements, if any, must be removed upon the termination of this Lease. With respect to lost opportunities any Work hereunder, Landlord will notify Tenant of which portions thereof, if any, must be removed upon the termination of this Lease in the manner provided in Section 8.1 hereof. Anything in this Section 13.1 or elsewhere in this Lease to lease the contrary notwithstanding, Tenant will be required to succeeding tenantsremove only those portions of the Leasehold Improvements and the Work of which Landlord has so notified Tenant, and under no circumstances will Tenant be required to remove carpeting from the Premises.

Appears in 1 contract

Samples: Vitria Technology Inc

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s 's removal of Tenant’s property's property and all damage to the exterior of the building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface the same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove any improvements constructed or installed by Tenant (provided such request is made at the Required Removables time consent for the alteration is given) which Landlord requests be so removed by Tenant and repair all damage caused by such removal. Notwithstanding anything to the contrary, Tenant shall have the right at Tenant's sole election, to either remove or surrender at the end of the lease term those certain improvements to the Premises described in Exhibit D attached hereto. If Tenant fails the Leased Premises are not surrendered to comply with Landlord in the terms condition required by this Paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at a rate of interest equal to ten (10%) per annum until paid, payable by Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen thirty (1530) days after receipt of a statement therefore from Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Adeza Biomedical Corp

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipmentequipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Common Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Common Areas caused by Tenant’s removal of Tenant’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair (reasonable wear and tear excepted) and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Common Areas (reasonable wear and tear excepted) and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Common Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Common Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipmentequipment (including telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Common Areas, the Property, and all portions thereof, the Project to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear and damage caused by Landlord or Landlord’s employees, agents, contractors, or subcontractors (collectively with Landlord, the “Landlord Parties”) and casualty not caused by Tenant or Tenant Parties, excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Common Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Subject to the terms of Paragraph 9.3 below, Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Exclusive Use Common Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the applicable improvements requiring Landlord approval were consented to, that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.Building D

Appears in 1 contract

Samples: Lease (Aruba Networks, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipmentequipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the improvements requiring Landlord approval were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. Notwithstanding the foregoing, Tenant shall not be obligated to remove any improvements installed at the Leased Premises prior to the Lease Commencement Date. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred within fifteen ten (1510) days of Landlord’s delivery billing Tenant for same. If Tenant fails to Tenant make such payment to Landlord within such ten (10) day period, the outstanding amount shall thereafter bear interest at the rate of an invoice together with reasonable supporting informationten percent (10%) per year. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Allion Healthcare Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipmentequipment (including telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Common Areas, the Property, and all portions thereof, the Project to Landlord in the same condition, broom clean and in good conditionclean, as existed at the Lease Commencement Date, reasonable wear and tear and damage caused by Landlord or Landlord’s employees, agents, contractors, or subcontractors (collectively with Landlord, the “Landlord Parties”) and casualty not caused by Tenant or Tenant Parties, excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Common Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Subject to the terms of Paragraph 9.3 below, Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Exclusive Use Common Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any the applicable improvements requiring Landlord approval were consented to, that it desired to have such improvements certain Non-Standard Office Improvements made by or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)this Lease, Tenant shall, upon the expiration or sooner termination of this Lease: (A) remove such Non-Standard Office Improvements constructed or installed by Landlord or Tenant (including any backup generator or other mechanical equipment), but only if they had been identified as Non-Standard Office Improvements by Landlord at the Leasetime consented to pursuant to Paragraph 6.1 below or the Work Letter, remove the Required Removables as applicable, and (B) repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, and the Exclusive Use Common Areas are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingso remove Tenant’s signs, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs property and/or improvements not so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.Building C

Appears in 1 contract

Samples: Lease (Aruba Networks, Inc.)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, . Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniturefurnitures, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, Premises to Landlord broom clean and in good the same condition, reasonable broom clean, as existed at the Lease Commencement Date, excepting normal wear and tear exceptedtear. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s removal of Tenant’s propertyproperty and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s removal of Tenant’s signs. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean all walls as reasonably required. Landlord shall retain a mechanical contractor reasonably acceptable to Tenant at Tenant’s expense to service all heating, ventilating, and air-conditioning equipment, and Tenant shall pay the cost for the service and the cost to restore said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises. Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord shall, within five business days after Tenant’s surrender of the Leased Premises, deliver to Tenant a written punch list identifying the items that cause the Leased Premises not to satisfy the required condition and Tenant shall have twenty business days thereafter to remedy such items. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0remedy all such items within such twenty business day period, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at an interest rate equal to the Xxxxx Fargo Bank prime lending rate plus three percent (3%) until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such obligations for Tenant (includingtime as such required work is completed, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred within fifteen Section 13.2 (15Holding Over) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting informationuntil such work is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants. Prior to the expiration of the Lease upon Tenant’s request Landlord shall tour the Leased premises with Tenant and advise Tenant of the items of work that Landlord observes.

Appears in 1 contract

Samples: Acceptance Agreement (Lexar Media Inc)

Surrender of Possession. Upon On the last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be deemed abandoned following the expiration or upon the sooner of ten (10) days after termination of this Lease, Tenant shall . Lessee hereby appoints Lessor its agent to remove all abandoned property of Tenant’s signs Lessee from the exterior Premises upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, all at the Building sole cost and risk of Lessee and Lessor shall remove not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all reasonable costs and expenses of Tenant’s inventorysuch removal, equipment, trade fixtures, furniture, supplies, wall decorations transportation and other personal property (collectively, “Tenant’s FF&E”) from within storage. Lessee shall leave the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and Premises in good conditionorder, condition and repair, reasonable wear and tear and damage from fire and other casualty or which is the responsibility of Lessor excepted. Tenant Lessee shall repair all damage reimburse Lessor within thirty (30) days following its receipt of written demand for any expenses incurred by Lessor with respect to removal, transportation, or storage of abandoned property and with respect to restoring said Premises to the Leased condition required by this Lease. All alterations, additions and fixtures, other than Lessee's furniture, personal property, trade fixtures and equipment which have been made or installed by either Lessor or Lessee upon the Premises, shall remain the property of Lessor and all portions shall be surrendered with the Premises as a part thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to If the floor, walls or ceiling Premises are not surrendered at the end of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration term or sooner termination of the Lease (“Required Removables”)thereof, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant Lessee shall indemnify Landlord Lessor against loss or liability resulting from delay by Tenant Lessee in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or tenants founded on such delay and any losses attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the Premises to Landlord with respect to lost opportunities to lease to succeeding tenantsLessor at the place then fixed for the payment of rent and shall inform Lessor of combinations on any vaults, locks and safes left on the Premises.

Appears in 1 contract

Samples: Office Lease (Exe Technologies Inc)

Surrender of Possession. Upon On the expiration last day of the Term, or on the sooner termination thereof, Tenant will peaceably surrender the Premises in good order, condition and repair, reasonable wear and tear, damage from fire and other casualty, and condemnation and other conditions for which Landlord is expressly responsible hereunder excepted and otherwise in the condition and repair consistent with Tenant’s duty to make repairs as herein provided. Subject to this Section 13.1, on or before the last day of the Term, or the date of sooner termination thereof, Tenant will, at its sole cost and expense, remove all of its personal property and trade fixtures and equipment from the Premises, and all such personal property, trade fixtures and equipment not removed will be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all such abandoned property of Tenant from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant and Landlord will not be liable for damage, theft, misappropriation or loss thereof and Landlord will not be liable in any manner in respect thereto. Tenant will pay all costs and expenses of such removal, transportation and storage. Tenant will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation, or storage of abandoned property and with respect to restoring such Premises to the condition required by this Section 13.1. Subject to Section 8.1, (i) all alterations, additions and fixtures, other than Tenant’s trade fixtures and equipment which have been made or installed by either Landlord or Tenant upon the Premises, will remain the property of Landlord and will be surrendered with the Premises as a part thereof, and (ii) Tenant will have no obligation to remove any such alterations, additions or fixtures. If the Premises are not surrendered on the Expiration Date or upon the sooner earlier termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and all portions thereof, to Landlord broom clean and in good condition, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen (15) days of Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall will indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or tenants founded on such delay and any losses reasonable attorneys’ fees resulting therefrom. Tenant will promptly surrender all keys for the Premises to Landlord with at the place then fixed for the payment of rent and will inform Landlord of combinations on any vaults, locks and safes left on the Premises. With respect to lost opportunities any Work hereunder, Landlord will notify Tenant of which portions thereof, if any, must be removed upon the termination of this Lease in the manner provided in and subject to lease the provisions of Section 8.1 hereof. Anything in this Section 13.1 or elsewhere in this Lease to succeeding tenantsthe contrary notwithstanding, Tenant will be required to remove only those portions of the Work of which Landlord has so notified Tenant, and under no circumstances will Tenant be required to remove carpeting from the Premises.

Appears in 1 contract

Samples: Office Lease (Depomed Inc)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s inventory, 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and all portions thereof, the Property to Landlord in the same condition, broom clean and in good conditionclean, when Tenant first took occupancy of the Leased Premises, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and all portions thereof, the Outside Areas caused by Tenant’s 's removal of Tenant’s 's property. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval the Improvements were completed that it desired to have such certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease (“Required Removables”)Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant fails the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to comply with Landlord in the terms condition required by this paragraph at the expiration or sooner termination of this Pxxxxxxxx 0.0Lease, Xxxxxxxx may perform Tenant’s obligations Landlord may, at Tenant’s 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (includingreturning the Leased Premises, without limitationthe Building and the Outside Areas to the required condition, reasonable together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of Landlord’s oversight of removal, repair and replacement work)interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within fifteen ten (1510) days of Landlord’s delivery to 's billing Tenant of an invoice together with reasonable supporting informationfor same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Digital Microwave Corp /De/)

Surrender of Possession. Upon Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased PremisesPremises to Landlord in broom-clean condition. Notwithstanding the foregoing, Tenant shall have no obligation or liability to remove any and all portions thereofTenant Improvements (as defined in the Tenant Improvement Agreement attached hereto as Exhibit “D”) or any and all Alterations (as defined in Section 6.1 below) which have been approved in writing by Landlord during the Term and which, to at the time of giving its approval, Landlord broom clean and does not designate in good condition, reasonable wear and tear exceptedwriting for removal. Tenant shall repair all damage to the Leased Premises, and all portions thereof, Premises caused by Tenant’s removal of Tenant’s propertyproperty and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean the floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean all painted walls. Tenant shall retain a mechanical contractor at Tenant’s expense to inspect all heating, ventilating, and air-conditioning equipment and such mechanical contractor shall deliver to Landlord a certificate certifying that all such equipment is in good working order and in good condition and repair, or else Tenant shall pay the cost for such mechanical contractor to service and restore (or replace as required) said equipment to good condition and repair and thereafter provide Landlord with written documentation thereof prior to the expiration or sooner termination of this Lease subject to Section 5.1A below. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, to the extent that such damage is beyond normal wear and tear as determined by Landlord shall have notified in its reasonable discretion. Additionally, Tenant in writing shall, prior to the expiration or sooner termination of this Lease, remove all Alterations constructed or installed by Tenant which Landlord, at the time of providing its consent to the construction or installation thereof, requests in writing be so removed by Tenant and Tenant shall repair all damage caused by such removal; provided however, at such time as Landlord approved provides to Tenant its written approval of any improvements requiring Alterations or modifications of the Leased Premises pursuant to Section 6.1, Landlord approval that it desired will indicate to have Tenant whether such improvements Alterations will be required to be removed upon the expiration or sooner termination of this Lease. If the Leased Premises are not surrendered to Landlord in the condition required by this Article 2 at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the this Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant fails to comply with the terms of this Pxxxxxxxx 0.0Landlord may, Xxxxxxxx may perform Tenant’s obligations at Tenant’s expense, so remove Tenant’s signs, property and/or Alterations not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the amount of all costs so incurred within fifteen ten (1510) days after receipt of a statement therefore from Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants. Landlord shall, beginning 100 days before expiration of this Lease, work with Tenant in good faith to develop a mutually agreeable list of Tenant’s surrender responsibilities.

Appears in 1 contract

Samples: Industrial Space Lease (Asyst Technologies Inc)

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