Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 2 contracts
Sources: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Alterations required which Landlord elects to be removed pursuant to Paragraph 11Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe installation or removal of any of the foregoing items. If Tenant fails does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, personal property. If Landlord may retain elects to consider such property and all rights of Tenant with respect to it shall ceaseabandoned, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for the costs of of: (i) removal of any such Alterations or personal property, (ii) storage, transportation, and Tenant’s Personal Property and storage and transportation costs disposition of the same, and the cost (iii) repair and restoration of repairing and restoring the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 2 contracts
Sources: Lease Termination Agreement (Proxim Corp), Lease (Nextg Networks Inc)
Surrender. Upon In addition to the requirements set forth in Section 9.5, Airline covenants and agrees to surrender and deliver to the City all areas and facilities that Airline uses or occupies on or at the Airport upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord this Agreement in as good condition and repairas on the Effective Date (or in the case of improvements or alterations made or fixtures installed subsequent thereto, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides then as of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasesuch improvements, Tenant shall indemnify Landlord and its Agents against all loss alterations, or liabilityfixtures were made or installed), including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal reasonable wear and tear, and damage from casualty that is not due to Airline excepted. If, upon such expiration or earlier termination, Airline shall fail to remove any personal property on or before the date of termination, the City may following written notice, but without the obligation to do so, remove said personal property and hold them for the purposes owners thereof, or may place the same in a public warehouse, all at the expense and risk of this Leasethe owners thereof. Airline shall reimburse the City for any reasonable expense incurred by the City in connection with such removal and storage. In addition, the City shall have the right, but not the obligation, to dispose of such property as waste, or sell such stored property and the proceeds of such sale shall be applied; first, to the cost of the sale; second, to the payment of charges for storage and removal; third, to the payment of Fees and Charges or any other obligation that may then be due from Airline to the City; and the remaining balance, if any, shall be construed to mean wear and tear caused paid to the PremisesCity. If the expenses of such removal, due storage, disposal and sale shall exceed the proceeds of sale, Airline shall pay such excess to the expected City upon demand. Airline shall indemnify, defend, release and permitted use of hold harmless the PremisesCity from any and all damage, by a natural aging process cost and expenses related to said removal, storage, disposal and sale, which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected survive expiration or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender earlier termination of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesAgreement.
Appears in 2 contracts
Sources: Cargo Operating Agreement, Cargo Operating Agreement
Surrender. Upon Section 24.01. On the expiration last day or earlier sooner termination of the TermLease, Tenant shall quit and surrender the Demised Premises to Landlord broom-clean, in good condition and repair, normal wear together with all alterations, additions and tear improvements which may have been made in, on, or to the Demised Premises, except movable furniture or unattached movable trade fixtures put in at the sole expense of the Tenant (provided Tenant has not been in default under this Lease) provided, however, that Tenant shall ascertain from Landlord at least thirty (30) days before the end of the Term whether Landlord desires to have the Demised Premises, or any part thereof, restored to the condition in which it was originally delivered to Tenant, and fire if Landlord shall so desire, then Tenant, at its own cost and expense, shall restore the same before the end of the Term. Landlord shall, in response to Tenant's request, or other casualty exceptedotherwise, advise Tenant as to the repairs and restoration to be undertaken by Tenant prior to the expiration of the Lease Term. Tenant shall, at least six (6) months before the end of the Term, advise the New Jersey Department of Environmental Protection and Energy of the termination of Tenant's use of the premises, and file, with all interior walls repaired said Department, such information, affidavits, forms, remedial action work plan and repainted if damaged, all carpets shampooed such other information as said Department may require and cleaned, all broken, marred undertake such action or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides work as required by the Department of windows washedEnvironmental Protection and Energy pertaining to Tenant's use and occupancy of the premises as it relates to remedial action or a remedial action work plan for the removal of hazardous substances and wastes that remain on the premises demised by reason thereof. Tenant agrees upon termination of the lease, the air-conditioning, cooling systems, heating equipment and plumbing and electrical systems shall be in good, operable condition. All light fixtures and lighting bulbs shall be operable, cleaned and in good order working order, rugs cleaned, and repairthe warehouse floor washed and sealed. Tenant shall obtain from Landlord Landlord's approval as to the sealer used by Tenant. The condition of the building and premises shall be in such a condition upon surrender as though the premises were used exclusively for warehousing and offices, including replacement and the Tenant made all repairs and replacements as were necessary during the term of any burned out or broken light bulbs or ballaststhe Lease so that after surrender, the HVAC equipment serviced building and repaired by a reputable premises are in good condition and licensed service firm (if ready to be re-rented. Tenant is at any time, pursuant to and Landlord understand that during the terms term of this Lease, required the building and its equipment may be subject to maintain the HVAC system serving the Premises), reasonable wear and all floors cleaned, all to the reasonable satisfaction of Landlordtear. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this LeaseHowever, Landlord may retain such property and all rights of Tenant with respect to it specifically agree that wear and tear shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. not excuse Tenant shall be liable to Landlord for costs of removal of any such Alterations from undertaking its repair and Tenant’s Personal Property and storage and transportation costs of samemaintenance obligations, and the cost provisions as herein provided, by way of repairing example, that the various systems shall be in good operating condition, are intended to be the standard by which the building and restoring the Premises, together with interest at the Interest Rate from the date of expenditure its systems shall be returned to Landlord by LandlordTenant. If the Demised Premises are is not so surrendered at the termination of this Leaseas and when aforesaid, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from the delay by Tenant in so surrendering the Premisespremises including, without limitation, any claims made by any succeeding occupant founded on such delay. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s 's obligations under this Leasesection shall survive the expiration or sooner termination of the Term. It is not intendedIn the event Tenant, nor shall it be construed, prior to include items of neglected or deferred maintenance which would have or should have been attended to during the Term termination of the Lease, pursuant fails to comply with the Rules and Regulations of the Department of Environmental Protection of the State of New Jersey or other applicable Federal agencies having jurisdiction over the storage or use of hazardous substances then, Tenant’s express obligations hereunder, if at the best standards had been applied option of the Landlord, shall be deemed to properly maintain and keep be occupying the Demised Premises as a tenant from month-to-month, at all times in good condition and repairthe monthly rental indicated below. In the event Tenant remains in possession of surrender the Demised Premises after the expiration of this the term and without execution of a new Lease, Landlord shall have or, Tenant fails to restore the premises, or fails to comply with its other obligations which must be complied with prior to the termination date of the Lease, then Tenant, at the option of terminating all existing subleases or accepting any sublease(s) the Landlord, shall be deemed to be occupying the Demised Premises as a direct tenant from month-to-month, at the monthly rental equal to the higher of 150% of market rent plus one-twelfth (1/12th) of all items of Additional Rent such as, but not limited to, taxes, insurance payable or paid during the last lease year or, four (4) times the sum of (i) the Basic Rent payable for the last month of the Term under Article 3 hereof and, (ii) one twelfth (l/12th) of all items of Additional Rent, such as, but not limited to, taxes, insurance payable or leasespaid during the last lease year. Tenant shall on a date no later than six (6) months prior to the termination date of this Lease obtain from the New Jersey Department of Environmental Protection and Energy ("DEPE") a non-applicability letter and/or a de minimis quantity exception and/or a negative declaration approval and/or a written determination by DEPE that there are no discharged hazardous materials at the site that occurred during the Lease Term and, if any had occurred, have been remedied in accordance with applicable regulations, such determination presently referred to as a No Further Action letter ("NFA"). If Tenant obtains a non-applicability exemption or otherwise is not required to undertake sampling then Tenant shall, at Landlord's option, hire a consultant satisfactory to Landlord to undertake sampling in a manner consistent with applicable environmental law sufficient to determine whether or not Tenant's operations have resulted in any spill or discharge of hazardous substances or waste at the premises. Should the sampling reveal any spills or discharges of a hazardous substance or waste which occurred during the Lease Term, then Tenant shall, at Tenant's expense, promptly clean up the premises to the satisfaction of the applicable governmental agencies which have jurisdiction of the matter and to the reasonable satisfaction of the Landlord. If Tenant shall fail to comply with the preceding sentence of this subparagraph prior to termination of the Lease, then Tenant's obligations to pay rent and additional rent shall continue until the earlier of either Landlord rerenting the Premises and a new tenant takes occupancy and commences to pay rent, or such date as Tenant shall comply with the foregoing, such rent to be computed as though the Tenant was occupying the demised premises as a Tenant from month to month as otherwise set forth in the preceding paragraph.
Appears in 2 contracts
Sources: Lease Agreement (Inter Parfums Inc), Lease Agreement (Jean Philippe Fragrances Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant's trade fixtures, furniture, moveable equipment and other personal property, and any Alterations required which Landlord elects to be removed pursuant to Paragraph 11Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe installation or removal of any of the foregoing items. If Tenant fails does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, personal property. If Landlord may retain elects to consider such property and all rights of Tenant with respect to it shall ceaseabandoned, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for the costs of of: (i) removal of any such Alterations or personal property, (ii) storage, transportation, and Tenant’s Personal Property and storage and transportation costs disposition of the same, and the cost (iii) repair and restoration of repairing and restoring the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 2 contracts
Sources: Lease (Trimble Navigation LTD /Ca/), Lease Agreement (Trimble Navigation LTD /Ca/)
Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of the Term--------- this Lease, Tenant shall surrender the Premises to Landlord in good the same condition and repair, normal as existed on the date Tenant originally took possession thereof (reasonable wear and tear and fire or other casualty damage due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired and cleaned, all interior painted surfaces repainted in the original color, if damagednecessary, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, HVAC equipment servicing only the plumbing Premises in operating order and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from at such time also surrender to Landlord such alterations (to the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Premises) as Landlord does not require Tenant fails to remove any such Alterations and/or in accordance with Paragraph 7.6 above. Tenant’s Personal Property, and such failure continues after on or before the expiration or sooner termination of this Lease, Landlord may retain such shall remove all of its personal property and trade fixtures from the Premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and abandoned trade fixtures or equipment of Tenant’s Personal Property and storage and transportation costs , or of sameany alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. Normal wear and tear, for All keys to the purposes of this Lease, Premises or any part thereof shall be construed surrendered to mean wear and tear caused to the Premises, due to the expected and permitted use Landlord upon expiration or sooner termination of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesLease term.
Appears in 2 contracts
Sources: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group Inc)
Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the Delivery Date, normal wear and tear and tear, fire or other casualty casualty, condemnation, Hazardous Materials (other than those released or emitted by Tenant, its agents, employees or invitees) and repairs that are Landlord's responsibility under this Lease, excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and floors cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, and the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedfirm, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations alterations, additions or improvements required to be removed pursuant to Paragraph 11, and all Tenant’s 's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations alterations, additions or improvements and/or Tenant’s 's Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations alterations, additions or improvements and Tenant’s 's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. : If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Leaselease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, Lease if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Leaselease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 2 contracts
Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Alterations required to be removed pursuant to Paragraph 11, Trade Fixtures and all Tenant’s Personal PropertyAlterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant’s accountwhich event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such Alterations property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and Tenant’s Personal Property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant's obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Dean & Deluca Inc)
Surrender. (a) Upon the expiration or earlier termination of this Agreement, the TermPermittee covenants and agrees to yield and deliver the WTC Fiber Backbone System peaceably to the Port. Authority free and clear of any claim of ownership by the Permittee, Tenant including title to the Sumitomo “FutureFlex” fiber optic conduit and the rights to the Permittee’s agreement with BRAM, WTC Fiber Backbone System software licenses, equipment warranties, service contracts, etc., but excluding (i) all of the Permittee’s and BRAM’s equipment located in the Space, (ii) any equipment (but not fixtures or trade fixtures) connecting the Sumitomo “FutureFlex” fiber optic conduit with the equipment in the Space and (iii) any equipment owned by Carrier Users or WTC System End Users, all without any further act or deed by the Permittee. The Permittee shall surrender promptly execute and deliver quitclaim assignments, bills of sale and all other equivalent documents necessary or convenient in order to evidence the Premises rights of the Port Authority therein, including title to Landlord the Sumitomo “FutureFlex” fiber optic conduit, all WTC Fiber Backbone System software licenses, equipment warranties, service contracts, etc. Such right to use the WTC Fiber Backbone System shall not in any manner affect, alter or diminish any of the obligations of the Permittee under this Agreement. Upon the expiration or termination of this Agreement, the Permittee shall deliver the WTC Fiber Backbone System to the Port Authority promptly and in good condition and repaircondition, normal such reasonable wear and tear and fire excepted as would not adversely affect or interfere with its proper operation under this Agreement.
(b) The Permittee shall have the right at any time during the WTC Term to remove a portion or portions of the WTC Fiber Backbone System consisting of equipment or other casualty exceptedpersonal property from the WTC Facility, with provided that the Permittee shall install suitable replacements therefor as is necessary for WTC Fiber Backbone System Operations. Furthermore, upon the expiration or sooner termination of this Agreement the Permittee shall promptly remove the WTC Fiber Backbone System, only if so directed by the Port Authority, and, only upon such removal, title to the Sumitomo “FutureFlex” fiber conduit shall thereupon vest in the Permittee and title to the electronic equipment forming a part of the WTC Fiber Backbone System, software licenses, equipment warranties, service contracts, etc. shall thereupon vest in BRAM, except as may be otherwise provided in the WTC Fiber Backbone Agreement, without any further act or deed by the Permittee or by BRAM, as the case may be. The Port Authority shall promptly execute and deliver bills of sale and all interior walls repaired and repainted if damagedother documents necessary or convenient in order to evidence any such transfer of title to the Permittee or BRAM, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, as the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, case may be.
(c) If the HVAC equipment serviced and repaired by Permittee shall fail to remove the WTC Fiber Backbone System within One Hundred Twenty (120) days after receiving a reputable and licensed service firm (if Tenant is at any time, written direction to do so from the Port Authority pursuant to the terms provisions of this LeaseSection, required the Port Authority may remove the WTC Fiber Backbone System or a portion or portions thereof to maintain a public warehouse for deposit or retain the HVAC system serving same in its own possession, and, in either event, may dispose of the Premisessame as waste material or sell the same at public auction, the proceeds of which shall be applied first to the expenses of removal, storage and sale, and second to any sums owed by the Permittee to the Port Authority, with any balance remaining to be paid to the Permittee; if the expenses of such removal, storage and sale shall exceed the proceeds of sale, the Permittee shall pay such excess to the Port Authority on demand Without limiting any other term or provision of this Agreement, the Permittee shall indemnify and hold harmless the Port Authority, its Commissioners, officers, agents, employees and contractors from all claims of third persons arising out of the Port Authority’s removal and disposition of property pursuant to this paragraph, including claims for conversion, claims for loss of or damage to property, claims for injury to persons (including death), and all floors cleanedclaims for any other damages, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, consequential or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesotherwise.
Appears in 2 contracts
Sources: Supplemental Agreement (Boingo Wireless Inc), Supplemental Agreement (Boingo Wireless Inc)
Surrender. Upon At the expiration of this Lease (including any renewal or extension) or the sooner termination thereof, Tenant shall surrender the Premises to Landlord, together with all additions, alterations and improvements thereto, in broom clean condition and in good order and repair except for ordinary wear and tear, casualty damage not caused by Tenant, and Landlord’s maintenance obligations. Nothing herein, however, shall prohibit Tenant from removing any of its computers, voice and data network components, phone system components, phone switch, TV’s and other video equipment, satellite antennae, office equipment, furniture, office supplies, storage racks compressors, vacuum, wastewater and manufacturing equipment and other personal property (collectively “Tenant Equipment”) in accordance with the terms of this Lease. Tenant shall repair any damage to the Premises caused by the removal of such Tenant Equipment. Any Tenant Equipment not removed by Tenant as permitted herein shall be deemed abandoned thirty (30) days after the expiration or earlier termination of the TermLease, Tenant shall surrender the Premises to and may be stored, removed and disposed of by Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)its discretion, and Tenant waives all floors cleaned, all to the reasonable satisfaction claims against Landlord for any damages resulting from Landlord’s retention or disposal of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s accountsame. Tenant shall be liable entitled to no payment or offset for the value of any abandoned property (even if sold by Landlord) and Tenant shall pay on demand all reasonable costs incurred by Landlord in connection with such removal or disposal. No retention, disposal or sale of such abandoned property shall limit remedies otherwise available to Landlord hereunder for costs a breach of removal this Agreement by Tenant. All obligations of any such Alterations and Tenant’s Personal Property and storage and transportation costs Tenant hereunder not fully performed as of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use expiration of the PremisesLease shall survive such termination or expiration, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same until they are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesperformed.
Appears in 2 contracts
Sources: Industrial Lease Agreement (Luna Innovations Inc), Industrial Lease Agreement (Luna Innovations Inc)
Surrender. Upon the expiration or earlier termination of the Term, this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleanedvacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Paragraph 11Section 5E, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Property's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations alterations and Tenant’s Personal Property 's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 2 contracts
Sources: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)
Surrender. Upon No act by Landlord will be an acceptance of a surrender of the Property, and no agreement to accept a surrender of the Property will be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant’s right to possess the Property (subject to the Wind-Down Period, as provided below), Tenant shall: (a) deliver to Landlord the Property with all Improvements located thereon in good repair and condition, reasonable wear and tear excepted (subject however to Tenant’s maintenance obligations), and (b) deliver to Landlord all keys, security codes and similar access controls to the Property. Tenant, at its sole cost and expense, shall promptly remove all Personal Property owned by Tenant and Tenant Removables from the Property. Additionally, Tenant, without notice from Landlord, shall remove all Hazardous Materials if required under Legal Requirements and all additions, alterations, improvements, machinery and movable and nonmovable fixtures relating to the use, testing or storage of Hazardous Materials in compliance with all Legal Requirements prior to the expiration of the Term. All items required to be removed hereunder and not so removed will, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items, and Tenant shall pay for the expenses and costs incurred by Landlord in connection therewith, whether for such removal or the restoration of damages resulting from such removal. On or before the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord cause any Leasehold Mortgages to be fully released and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesdischarged.
Appears in 2 contracts
Sources: Ground Lease, Ground Lease
Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of the Termthis Lease, Tenant shall surrender the Premises premises to Landlord in good the same condition and repair, normal as existed on the date Tenant originally took possession thereof (reasonable wear and tear and fire or other losses due to casualty and condemnation excepted, ) with all interior walls repaired and repainted if damagedcleaned, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing HVAC equipment in operating order and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required at such time also surrender to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by Landlord such removal. If alterations (as defined in paragraph 8) as Landlord does not require Tenant fails to remove any such Alterations and/or in accordance with paragraph 8.6 above. Tenant’s Personal Property, and such failure continues after on or before the expiration or sooner termination of this Lease, Landlord may retain such shall remove all of its personal property and trade fixtures from the premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and abandoned trade fixtures or equipment of Tenant’s Personal Property and storage and transportation costs , or of sameany alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the Premisespremises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. Normal wear and tear, for All keys to the purposes of this Lease, premises or any part thereof shall be construed surrendered to mean wear and tear caused to the Premises, due to the expected and permitted use Landlord upon expiration or sooner termination of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesterm.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and broom cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors broom cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Paragraph 11Section 5E, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Property's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations alterations and Tenant’s Personal Property 's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (Zamba Corp)
Surrender. Upon the expiration or other termination of the Term, Tenant will immediately vacate and surrender possession of the Premises in good order, repair and condition, except for ordinary wear and tear. Upon the expiration or other termination of the Term, Tenant agrees to remove (a) all Tenant Changes to the Premises, the removal of which Landlord requested or approved according to Section 7.2 at the time Landlord consented to their installation, and (b) all of Tenant’s trade fixtures, office furniture, office equipment and other personal property. Tenant will pay Landlord on demand the cost of repairing any damage to the Premises, Building and/or Project caused by the installation or removal of any such items normal wear and tear excepted. Notwithstanding the foregoing, Tenant will be responsible for removing all Telecom Equipment installed by Tenant at the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord Term in good condition and repair, normal wear and tear and fire or other casualty excepted, accordance with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalSection 26.9 below. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after surrender the Premises on the expiration or earlier termination of this Lease, Lease despite demand to do so by Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal (including upon the expiration of any subsequent month-to-month tenancy pursuant to Section 15.2 below), with such Alterations removal and Tenantrepair obligations completed, then, in addition to the Landlord’s Personal Property rights and storage and transportation costs of same, remedies under Section 7.3 above and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination other provisions of this Lease, Tenant shall indemnify indemnify, defend with counsel reasonably acceptable to Landlord and its Agents against hold Landlord harmless from all loss or liabilityliability including, including without limitation, any claims made by any succeeding tenant based thereon, and any attorneys’ fees and costs, resulting from delay by Tenant in so surrendering other costs of legal proceedings. The foregoing indemnity shall survive the Premises. Normal wear and tear, for the purposes expiration or earlier termination of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are . Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease and no surrender of possession of the Premises by Tenant will limit Tenant’s liability under this Lease. It is not intended, nor shall it be construed, to include items of neglected No act or deferred maintenance which would have thing done by Landlord or should have been attended to Landlord’s agents during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event this Lease will be deemed an acceptance of a surrender of this Leasethe Premises, unless in writing signed by Landlord. The delivery of the keys to an employee or agent of Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) will not operate as a direct lease termination of this Lease or leasesa surrender of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Ryland Group Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming broken acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Alterations required Work which Landlord elects to be removed pursuant to Paragraph 11Section 5.D, and shall restore the Premises to their condition prior to their installation, including, without limitation, repairing all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe installation or removal of any of the foregoing items. If Tenant fails does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, personal property. If Landlord may retain elects to consider such property and all rights of Tenant with respect to it shall ceaseabandoned, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for the costs of of: (i) removal of any such Alterations Work or personal property, (ii) storage, transportation, and Tenant’s Personal Property and storage and transportation costs disposition of the same, and the cost (iii) repair and restoration of repairing and restoring the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. If In addition, if the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including reasonable attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (Pericom Semiconductor Corp)
Surrender. Upon LESSEE shall at the expiration or earlier other termination of this Lease remove all of LESSEE's personal property, goods and effects from the Leased Premises. LESSEE shall deliver to LESSOR the Leased Premises and all keys, locks, thereto, and other fixtures and equipment connected therewith (excluding LESSEE's trade fixtures and equipment) and all alterations, additions and improvements made to or upon the Leased Premises, including but not limited to any plumbing and plumbing fixtures, air conditioning equipment and ductwork of any type, hoods, exhaust fans or heaters, water coolers, burglar alarms, telephone wiring, telephone equipment, wooden or metal shelving which has been bolted, welded or otherwise attached to any concrete or steel member of the Building, compressors, air or gas distribution piping, and all electrical work, including but not limited to lighting fixtures of any type, wiring, conduit, EMT, distribution panels, bus ducts, raceways, outlets and disconnects.. Notwithstanding any contrary provision of this Lease, at the end of the Lease Term, Tenant and absent any default, LESSEE shall surrender have the right to remove from the Leased Premises its trade fixtures and personal property and any fixtures, alterations, additions and improvements installed by LESSEE or at LESSEE's cost and expense subsequent to Landlord the Commencement Date, including without limitation the fixtures and equipment listed on Exhibit F hereto, provided that LESSEE shall repair any damage to the Leased Premises caused thereby. LESSEE shall deliver the Leased Premises in as good condition and repairconditions as existed on the Commencement Date, normal reasonable wear and tear and fire damage by fire, eminent domain, or other casualty only excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender LESSEE's failure to remove any of this LeaseLESSEE's property from the premises, Landlord LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto and * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. at the sole risk of LESSEE to remove and store any such property at LESSEE's expense, or to retain same under LESSOR'S control or to sell at public or private sale, any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property which shall be conclusively deemed to have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesbeen abandoned.
Appears in 1 contract
Surrender. Upon Subject to the expiration provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination of the Termthis Lease), Tenant shall quit and surrender possession of the Leased Premises to Landlord in as good order and condition as they were in on the applicable Term Commencement Date, reasonable wear and repairtear, normal the Tenant Improvements, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and fire articles of personal property owned by Tenant in the Leased Premises, and shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or other casualty exceptedearlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with all interior walls repaired and repainted if damagedapplicable law, all carpets shampooed and cleaned, all broken, marred without notice to or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, demand upon Tenant. Landlord shall apply the plumbing and electrical systems and lighting in good order and repair, including replacement proceeds of any burned out such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if thereafter be due to Landlord from Tenant is at under any time, pursuant to of the terms of this Lease; and fourth, required to maintain the HVAC system serving the Premises)balance, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construedif any, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. (a) Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall it is Tenant's obligation to surrender the Premises to Landlord in good its condition and repairexisting as of the Commencement Date, normal wear and tear and damage by fire or other casualty exceptedexcepted (the "Required Condition"). Except for the removal of Tenant's personal property and trade fixtures, which Tenant shall remove at its sole expense, Landlord shall perform, at the cost and expense of Tenant, the work necessary to restore the Premises to the Required Condition. Tenant shall pay the cost of performing the work necessary to restore the Premises to the Required Condition, together with a construction management fee equal to five percent (5%) of such costs and interest at the Interest Rate from the date of expenditure by Landlord, within ten (10) business days after receiving Landlord's invoice for such work.
(b) Restoring the Premises to the Required Condition shall include but not be limited to the following: all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (acceptable to Landlord, all floors cleaned and waxed and, if Tenant has performed any alterations which Landlord does not elect to retain the removal of such alterations and the restoration of the Premises to its condition prior to their installation. To the extent the cost of restoring the Premises to the Required Condition is at any time, pursuant increased due to Landlord's failure to maintain the Premises in accordance with the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to not be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by responsible for such removal. excess cost.
(c) If Tenant fails to remove any such Alterations and/or Tenant’s Personal Propertypersonal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for all costs of removal of any such Alterations and Tenant’s Personal Property 's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with a construction management fee equal to five percent (5%) of such costs and interest at the Interest Rate from the date of expenditure by Landlord. .
(d) If the Premises are not so surrendered at the termination of this LeaseLease in accordance with this Section 16, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (Loudcloud Inc)
Surrender. Upon On the expiration last day of the Term of this Lease, including any extended term, or earlier upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, and improvements (other than Tenant's business and trade fixtures) which may be made or installed by either Landlord or Tenant upon the Leased Premises or in Common Areas shall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. On or before the last day of the Term, Tenant shall surrender remove all business, trade fixtures, equipment and personal property from the Leased Premises and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten percent (10%) per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery of the keys to the Leased Premises to Landlord in good condition at the place then fixed for the payment of rent shall constitute surrender of the Leased Premises by Tenant and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides acceptance of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant rights to the recover damages under terms of this Lease, required . This method of surrender shall not be exclusive and shall be in addition to maintain the HVAC system serving the Premises), and all floors cleaned, all other methods of surrender. Anything in this section to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises contrary notwithstanding, at any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have a lien upon all of the option property of terminating all existing subleases Tenant then located in or accepting upon the Leased Premises to secure the payment of any sublease(samounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) as days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in a direct lease or leasesreasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant to Landlord.
Appears in 1 contract
Surrender. Upon the expiration or earlier sooner termination of the TermTerm or Tenant's right to possession of the Premises, Tenant shall surrender return the Premises to Landlord in good substantially the same order and condition and repairwhen received, normal except for, ordinary wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and any other damage that Tenant has no obligation to repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from any of the Premises any Alterations initial improvements required to be removed pursuant to Paragraph 11Exhibit B hereof, at its sole costs and all Tenant’s Personal Property--------- expense, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused prior to the Premises, due to the expected and permitted use surrender of the Premises, and restore any areas damaged by such removal to a natural aging process which occurs in spite of prudent application reasonably good condition consistent with the required condition of the best standards for maintenancebalance of the Premises under this paragraph. If Landlord requires Tenant to remove any alterations pursuant to Section 9, repair then such removal shall be done in a good and janitorial practices workmanlike manner; and upon such removal Tenant shall restore the Premises to its condition prior to the extent installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same are Tenant’s obligations under this Leaseand restore the Premises; and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. It is not intendedTenant shall also remove its furniture, nor shall it be construedequipment, to include trade fixtures and all other items of neglected or deferred maintenance which would have or should have been attended personal property from the Premises prior to during termination of the Term or Tenant's right to possession of the LeasePremises. If Tenant does not remove such items, pursuant Tenant shall be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant’s express obligations hereunder; or at Landlord's sole option such items shall be deemed abandoned, if the best standards had been applied in which event Landlord may cause such items to properly maintain be removed and keep the Premises disposed of at all times in good condition Tenant's expense, which shall be 115% of Landlord's actual cost of removal, without notice to Tenant and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leaseswithout obligation to compensate Tenant.
Appears in 1 contract
Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of the Termthis Lease, Tenant shall surrender the Premises premises to Landlord in good the same condition and repair, normal as existed on the date Tenant originally took possession thereof (reasonable wear and tear and fire or other casualty damage due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting holes in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)walls repaired, and all floors cleanedHVAC equipment in operating order and in good repair, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required at such time also surrender to be removed pursuant to Landlord such alterations (as defined in Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If 9) as Landlord does not require Tenant fails to remove any such Alterations and/or in accordance with Paragraph 9.6 above. Tenant’s Personal Property, and such failure continues after on or before the expiration or sooner termination of this Lease, Landlord may retain such shall remove all of its personal property and trade fixtures from the premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and abandoned trade fixtures or equipment of Tenant’s Personal Property and storage and transportation costs , or of sameany alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant ▇▇▇▇▇▇ in so surrendering the Premisespremises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. Normal wear and tear, for All keys to the purposes of this Lease, premises or any part thereof shall be construed surrendered to mean wear and tear caused to the Premises, due to the expected and permitted use Landlord upon expiration or sooner termination of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesLease term.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Term--------- this Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the Commencement Date, normal wear and tear and damage by fire or other casualty or condemnation excepted, with all interior walls repaired cleaned and repainted repaired, if marked or damaged, all carpets shampooed and cleanedvacuumed (but not shampooed), all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all tiled (but not concrete) floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all Tenant?s trade fixtures and personal property as required herein, and those alterations required to be removed pursuant to Paragraph 11Section 5.E., and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Property's trade fixtures, personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for the reasonable costs of removal of any such Alterations alterations and Tenant’s Personal Property 's personal property and the reasonable storage and transportation costs of the same, and the reasonable cost of repairing and restoring the Premises, together with interest at the Interest Rate interest rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear unless such delay is solely caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesLandlord's actions.
Appears in 1 contract
Sources: Lease (Navisite Inc)
Surrender. Upon the expiration of this Sublease, or earlier upon the termination of the TermSublease or of the Tenant’s right to possession of the Premises or as Tenant reduces the size of the Premises, Tenant shall will at once surrender and deliver up the Premises all or, as applicable, the appropriate part of the Premises, together with all improvements thereon, to Landlord in good condition and repair, normal free of Hazardous Materials (other than routine office cleaning supplies) except as caused by Landlord or Landlord's employees, agents, contractors, invitees and/or licensees, reasonable wear and tear (and fire damage by Landlord or other Prime Landlord), casualty or condemnation excepted. Said improvements shall include all plumbing, with lighting, electrical, heating, cooling and ventilating fixtures and equipment used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). Tenant shall surrender to Landlord all interior walls repaired keys to the Premises and repainted if damaged, make known to Landlord the explanation of all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if combination locks which Tenant is at permitted to leave on the Premises. All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant. Tenant shall remove any timeAlterations made by Tenant, or portion thereof, which Prime Landlord requires Landlord (or Tenant if there is a direct obligation of Tenant to Prime Landlord) to remove, pursuant to the terms of this the Prime Lease. In any such event, required Tenant shall restore the Premises to maintain their condition prior to the HVAC system serving the Premises)making of such Alteration, repairing any damage occasioned by such removal or restoration. If Prime Landlord requires removal of any Alteration made by Tenant, or a portion thereof as set forth above, and all floors cleanedTenant does not make such removal in accordance with this Section, all to Landlord may remove the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, same (and repair any damage occasioned thereby), and perform dispose thereof, or at its election, deliver the same to any restoration work caused by other place of business of Tenant, or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand. If Tenant fails shall not be required to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after performed by Landlord or to restore the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect Premises to it shall cease, or Landlord may place all or any portion their condition prior to the making of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesAlterations.
Appears in 1 contract
Sources: Secured Note (Gene Logic Inc)
Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and its Agents against all loss or liabilityin their original condition, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Article 6 (Tenant Improvements & Alterations), and repair any damage caused to the Premises or the Property by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the purposes rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any po1tion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises (and any other part of the Property for which Tenant has keys) and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The delivery of keys to the Premises to Landlord or any agent or employee of Landlord shall not constitute a surrender of the Premises or effect a termination of this Lease, shall be construed to mean wear and tear caused to whether or not the Premises, due to the expected and permitted use of the Premises, keys are retained by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Landlord. Tenant’s obligations under this Lease. It is not intended, nor Section shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender termination of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (LendingClub Corp)
Surrender. a. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall perform each of the following:
i. quit and surrender the Leased Premises to Landlord in good the same order, condition and repairrepair as of the Commencement Date, normal ordinary wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord; and
ii. Tenant shall remove from the Leased Premises any Alterations required to be removed pursuant to Paragraph 11, and all of Tenant’s Personal Property, 's property and repair any damage and perform any restoration work caused by such removal. .
b. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Propertyvacate the Leased Premises, and such failure continues after upon the expiration or earlier termination of this Lease, Landlord may retain such remove and/or store Tenant's property at Tenant's expense without liability to Tenant for any loss or damage thereto. If Tenant does not claim and take delivery of any of Tenant's property that remains on the Leased Premises or in storage for more than twenty (20) days after the termination or expiration of this Lease, as well as pay Landlord all rights amounts due under this Lease, including costs of Tenant with respect to it shall ceaseremoval and storage, or Landlord may place sell all or any portion of such property in at a public storage for Tenant’s account. or private sale after having given Tenant shall be liable ten (10) days prior written notice.
c. Landlord may apply the proceeds of such sale to Landlord for the costs of removal of any such Alterations and Tenant’s Personal Property and removal, storage and transportation costs sale of samethe property, and the cost then to payment of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify all amounts due Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intendedAny amount remaining shall be paid to Tenant upon Tenant's written demand, nor without interest.
d. Notwithstanding the foregoing, Tenant shall it be construedretain all right, to include items title and interest in the trade fixtures, furniture, equipment and non-fixture personalty owned by Tenant, located on the Leased Premises and used in the operation of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesits business.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in good condition and repairits original condition, normal except for reasonable wear and tear and fire damage from casualty or other casualty exceptedcondemnation; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Lease Tenant shall remove from the Premises any Alterations all Tenant's personal property, trade fixtures, alterations and other Above-Standard Improvements that Tenant has the right or is required by Landlord to remove under the provisions of this Lease. Tenant shall also be removed pursuant to Paragraph 11responsible for removal of all telephone cables and wires, CRT, data and telephone equipment, and all any other form of cabling that exists in Tenant’s Personal Property, 's space and repair any damage and perform any restoration work caused by such removalwas installed after the Completion Date. If Tenant fails to remove any of such Alterations and/or Tenant’s Personal Property, and such failure continues after removal is not completed at the expiration or termination of this Lease, Landlord may retain remove the same at Tenant's expense. Any damage to the Premises or the Building caused by such property and all rights of removal shall be repaired promptly by Tenant with respect or, if Tenant fails to it shall ceasedo so, or Landlord may place all or any portion of such property do so at Tenant's expense, in public storage for Tenant’s account. which event Tenant shall be liable to immediately reimburse Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, expenses together with interest at the Interest Rate from Default rate until so paid. Tenant's obligations under this Paragraph shall survive the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall indemnify surrender all keys to the Premises or any other part of the Building and shall make known to Landlord the combination of locks on all safes, cabinets and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Please Initial Tenant ( ) Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.( )
Appears in 1 contract
Sources: Sublease (Nextcard Inc)
Surrender. Section 25.01. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises to Landlord in the same condition in which the Demised Premises were originally received from Landlord except as repaired, rebuilt, restored, altered or added to as permitted by any provision of this Lease and except for ordinary wear and tear and damage by fire or other casualty. Tenant shall remove from the Demised Premises upon such expiration or earlier termination, all property situated thereon which is owned by Tenant. Tenant, at its cost and expense, shall repair any damage to any part of the Demised Premises caused by such removal. Any property of Tenant not so removed shall become the property of Landlord, which may thereafter cause such property to be removed from the Demised Premises and disposed of but the cost of any such removal and disposition as well as the cost of repairing any damage caused by such removal shall be borne by Tenant. Upon the expiration or earlier termination of the Term, Tenant shall surrender remove all computers and computer related and peripheral equipment (other than cabling and other related equipment that would be deemed fixtures) installed by Tenant at the Demised Premises to Landlord in good condition and repair(collectively, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises"Computer Equipment Removal"), and all floors cleanedTenant, all at its cost and expense, shall repair any damage to any part of the Demised Premises caused by such Computer Equipment Removal, which damage is of a nature that exceeds that damage which would be caused by the removal of office furniture and equipment customarily maintained by Tenant at Demised Premises. In no event shall such Computer Equipment Removal require Landlord to make any non-customary alterations or repairs to the reasonable satisfaction Demised Premises in order to be able to prepare or finish any portion of Landlordthe Demised Premises for rental to tenants for normal office purposes. Tenant shall remove from reimburse Landlord for all costs and expenses incurred by Landlord in connection with the Premises any Alterations Computer Equipment Removal if Landlord shall reasonably deem such non-customary alterations or repairs necessary or advisable. In no event shall Tenant be required to be removed pursuant pay for improvements to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe Demised Premises that are being used to prepare the space for a new tenant.
Section 25.02. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after Upon the expiration or earlier termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination Term of this Lease, Tenant shall indemnify deliver the Building to Landlord broom clean, except in the event such surrender is due to a casualty or condemnation, as provided herein. Copies of all then current maintenance and its Agents against service agreements and records, warranties in effect (all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, which shall be construed assigned to mean wear Landlord, if such agreements or warranties are assignable) and tear caused all plans and specifications relating to the Premises, due to the expected and permitted use alterations of the Premises, by a natural aging process which occurs Improvements in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.'s possession shall
Appears in 1 contract
Surrender. A. Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the Termtermination of Lessee's right to possession of the Leased Premises, Tenant shall Lessee will at once surrender and deliver up the Premises Leased Premises, together with all fixtures, therein and improvements thereon, to Landlord in good condition and repair, normal reasonable wear and tear and fire or other casualty damage excepted. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all interior walls repaired and repainted if damagedduct work. Except as otherwise specifically herein provided, all carpets shampooed additions and cleanedall improvements, all brokentemporary or permanent, marred in or nonconforming acoustical ceiling tiles replaced with matching tilesupon the Lease Premises placed there by Lessee shall become Landlord's property and shall remain upon the Leased Premises upon such termination of this Lease by lapse of time or otherwise, all interior sides without compensation or allowance or credit to Lessee, unless Landlord requests their removal in writing at or before the time of windows washedsuch termination of this Lease. If Landlord requests the removal of Lessee's improvements or fixtures, the plumbing and electrical systems and lighting in good order and repair, including replacement of Lessee shall repair any burned out injury or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant damage to the terms Leased Premises which may result from such removal.
B. Lessee agrees that if Lessee does not surrender the Leased Premises to Landlord, at the end of the term of this Lease or upon any cancellation of the term of this Lease, required then Lessee shall pay to maintain Landlord all damages that Landlord may suffer on account of Lessee's failure to surrender to Landlord possession of the HVAC system serving the Leased Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove will indemnify and save Landlord harmless from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from claims made by any succeeding tenant of said premises against Landlord on account of delay of Landlord in delivery of possession of said premises to said succeeding tenant so far as such delay is occasioned by Tenant in failure of Lessee to so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasessaid premises.
Appears in 1 contract
Surrender. Upon Subject to the expiration provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination of the Termthis Lease), Tenant shall quit and surrender possession of the Leased Premises to Landlord in as good order and condition as they were in on the Term Commencement Date, reasonable wear and repairtear, normal taking by condemnation, casualty and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and fire articles of personal property owned by Tenant in the Leased Premises, and shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant following Tenant's vacation and the Term Expiration Date (or other casualty exceptedearlier termination of this Lease) shall be considered abandoned, with and Landlord may remove any or all interior walls repaired of such items and repainted if damageddispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all carpets shampooed of such property at public or private sale, in such manner and cleanedat such times and places as Landlord may deem proper, all broken, marred without notice to or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, demand upon Tenant. Landlord shall apply the plumbing and electrical systems and lighting in good order and repair, including replacement proceeds of any burned out such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if thereafter be due to Landlord from Tenant is at under any time, pursuant to of the terms of this Lease; and fourth, required to maintain the HVAC system serving the Premises)balance, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construedif any, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon the On expiration or earlier early termination of the Termthis Lease, Tenant shall deliver all keys to Landlord, have final utility readings made and pay all utility accounts current on the date of move out, and surrender the Premises to Landlord clean and free of debris inside and out, with all mechanical, electrical, and plumbing systems in good condition operating condition, all signing removed and repairdefacement corrected, normal wear and tear and fire or other casualty exceptedall repairs called for under this Lease completed, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Also prior to the expiration or earlier termination of the Lease Term. Tenant shall, at its sole cost and expense, remove all Tenant’s personal property from the Premises. The Premises shall be delivered in the same condition as at the Commencement Date, subject only to damage by casualty, the provisions of Paragraphs 6.4, 6.5, 6.6 and 17.2 and depreciation and wear from ordinary use. Tenant shall remove all of its furnishings and trade fixtures that remain its property and restore all damage resulting from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails Failure to remove any such Alterations and/or Tenant’s Personal Propertysaid property shall be an abandonment of same, and such failure continues after the termination of this Lease, Landlord may retain such property remove and/or dispose of it in any manner permitted under law without liability, and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for any costs of removal removal, restoration, transportation to storage, storage and/or disposal, plus an administrative fee of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premisesten percent (10%), together with interest on ail such expenses and fees at the Interest Rate from interest rate provided in Paragraph 25.2, The provisions of this Paragraph 17.1 (including, without limitation, all provisions referenced herein) shall survive the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Sublease (Minerva Surgical Inc)
Surrender. Upon Subtenant shall, upon the expiration Expiration Date or earlier termination of this Sublease, remove all personal property, furniture, and trade fixtures, provided that removal of the Termsame does not adversely affect the adversely affect the Building structure or any Building operating system, Tenant and that Subtenant repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event Subtenant fails to remove its personal property and equipment as specified in this Section 4.2 by the Expiration Date, all such items remaining on the Subdemised Premises shall surrender be deemed abandoned and Sublandlord may dispose of it as it sees fit, without liability to Subtenant. Sublandlord shall be responsible for the removal of all Alterations as required under the Master Lease, including Alterations installed by Subtenant under the Master Lease prior to the effective date of the Assignment and Assumption. Subtenant shall be responsible for removal of all Alterations installed by Subtenant pursuant to this Sublease. In all other respects, Subtenant shall deliver the Premises to Landlord broom clean, in good its condition and repairas of the Term Commencement Date, normal reasonable wear and tear and fire casualty excepted. In no event shall Subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s). Subtenant shall vacate and deliver possession of the Subdemised Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant's part, and free and clear of all violations thereon placed by any federal, state, municipal or other casualty exceptedagency or authority by reason of Subtenant's failure to fulfill any of its obligations under this Sublease ("Violations"). Subtenant shall indemnify Sublandlord against any and all loss, with expense, damage, costs or attorneys' fees arising out of Violations occurring after the Term Commencement Date. Sublandlord shall indemnify Subtenant against any and all interior walls repaired and repainted if damagedloss, all carpets shampooed and cleanedexpense, all brokendamage, marred costs or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement attorneys' fees arising out of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant Violation occurring prior to the terms Term Commencement Date. The voluntary or other surrender of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused Sublease by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall ceaseSubtenant, or Landlord may place a mutual cancellation thereof, shall not work a merger, but shall, at the option of Sublandlord, either (1) terminate all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting subtenancies, or (2) operate as an assignment of Sublandlord of any sublease(s) as a direct lease or leasesall such subleases or subtenancies.
Appears in 1 contract
Sources: Sublease Agreement (Motient Corp)
Surrender. At the termination of the Lease Term, Tenant shall peaceably to surrender the Premises clean and in good order, repair and condition, and in conformance with all Legal Requirements, reasonable wear and tear and damage by ire or casualty or taking excepted and to deliver to Landlord all keys to the Premises or any ▇▇▇ thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Lease Term, at which time title shall pass to Landlord under this Lease as if by a ▇▇▇▇ of sale, unless Landlord elects otherwise and notifies Tenant to remove any such tenant improvements at any time prior to the expiration of the Lease Term. If Landlord elects for Tenant to remove any or all of such tenant improvements, Landlord shall notify Tenant in writing no later than thirty (30) days prior to the expiration of the Lease Term as to which tenant improvements are to be removed prior to the expiration of the Lease. If Landlord fails to so notify Tenant, Tenant shall have no obligation to remove such tenant improvements and restore the Premises as a result of such removal. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment (“Personal Property”) shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of this Lease. Upon demand by Landlord, Tenant shall remove, at Tenant’s sole cost and expense, forthwith and with all due diligence (but in any event prior to the expiration or earlier termination of the Lease Term), any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall surrender the Premises to Landlord in good condition forthwith and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired due diligence, at its sole cost and repainted if damagedexpense, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work to the Premises or the Building Complex caused by such removal. If In the event Tenant fails so to remove any Personal Property or any such Alterations and/or Tenant’s Personal Propertyalterations, additions and improvements or fails to repair any such failure continues after damage to the termination of this LeasePremises or the Building Complex caused thereby, Landlord may retain such property do so and all rights of collect from Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing such removal and restoring the Premises, together repair in accordance with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesSection 7.8 hereof.
Appears in 1 contract
Surrender. Upon Subtenant shall, on or before the expiration or earlier termination Expiration Date, remove all personal property, furniture, trade fixtures and other equipment,provided that the removal of the Termsame does not adversely affect the Building structure or any Building operating system or is not prohibited by the Master Lease, Tenant and that Subtenantpromptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event that Subtenantfails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Subleased Premises after the Expiration Date shall surrender be deemed abandoned and Sublandlordmay dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Master Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any associated repair or restoration of the Subleased Premises to Landlord required under the Master Lease. In all other respects, Subtenant shall deliver the Subleased Premises broom clean, in good its condition and repairas of the Commencement Date, normal reasonable wear and tear and fire casualty excepted. In no event shall Subtenantremove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and deliver possession of the Subleased Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’spart, and free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other casualty exceptedagency or authority by reason of Subtenant’s actions or failures to fulfill any of its obligations under this Sublease (“Violations”). Subtenantshall indemnify Sublandlord against any and all loss, with all interior walls repaired and repainted if damagedexpense, all carpets shampooed and cleaneddamage, all broken, marred costs or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides attorneys’ fees arising out of windows washed, Violations occurring any time on or after the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out Commencement Date. The voluntary or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms other surrender of this LeaseSublease by Subtenant,or a mutual cancellation thereof, required shall not automatically terminate any sub-subleases or sub-subtenancies or other agreements by which Subtenant has granted rights to maintain the HVAC system serving the Premises), and all floors cleaned, all third parties to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion part of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Subleased Premises, together with interest but shall, at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating Sublandlord,either (1) terminate all or any existing sub-subleases or accepting sub-subtenancies or such other agreements, or (2) operate as an assignment to Sublandlordof any sublease(s) as a direct lease or leasesall such sub-subleases or sub-subtenancies or such other agreements.
Appears in 1 contract
Sources: Sublease Agreement (Titan Corp)
Surrender. Upon The Tenant, at the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire Term or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the earlier termination of this Lease, shall at its expense (a) surrender to the Landlord possession of the Premises (including any fixtures or other improvements which are owned by the Landlord) in as good order and repair as on the Effective Date (ordinary wear and tear and damage by casualty excepted) and broom clean, (b) remove therefrom all signs, goods, effects, machinery, fixtures and equipment used in conducting the Tenant’s trade or business which are neither part of the Building Service Equipment nor owned by the Landlord. In the event Tenant fails to properly remove all of its personal property in accordance with the terms of this Section 3.4, Landlord at its option may retain such either (i) cause that property to be removed at the risk and all rights expense of Tenant with respect (both as to it shall ceaseloss and damage), or Landlord may place and Tenant hereby agrees to pay all or any portion of such reasonable costs and expenses incurred thereby, including sums paid to store the property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, elsewhere and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If any repairs to the Premises are caused by the removal of the property, or (ii) upon five (5) days’ written notice to Tenant, which the parties agree is commercially reasonable, sell at public or private sale any or all of such property, whether exempt or not so surrendered at from sale under execution or attachment (such property being deemed charged with a lien in favor of Landlord for all sums due hereunder), with the termination of proceeds to be applied as set forth in this Lease, or (iii) at Landlord’s option, title for such personal property shall pass to Landlord. Tenant shall indemnify Landlord and its Agents against all loss not vacate or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering abandon the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to Premises at any time during the Term and discontinue the payment of the LeaseBase Rent, pursuant to Tenant’s express obligations hereunder, but if the best standards had been applied to properly maintain and keep Tenant does vacate or abandon the Premises or is dispossessed by process of law, any personal property belonging to Tenant and left on the Premises may, at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesthe Landlord, be deemed to have been abandoned by Tenant, and the provisions of this Section shall apply.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall repair any damage to and restore the Termcondition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant’s Property and shall repair all damage to the Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant’s Property. Tenant shall further patch and fill all holes within the Premises. All penetrations of the roof shall be resealed to a water tight condition. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and security codes, to Landlord broom clean and in as good a condition and repairas when received, normal ordinary wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides . Conditions existing because of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertyfailure to perform maintenance, repairs or replacements shall not be deemed “reasonable wear and repair any damage and perform any restoration work caused by such removaltear”. If Tenant fails to remove any such Alterations and/or of Tenant’s Personal Property, and such failure continues or to restore the Premises to the required condition, within 2 days after the termination of this LeaseLease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may retain such property and deem all rights or any part of Tenant with respect Tenant’s Property to it be abandoned and, at Landlord’s option, title to Tenant’s Property shall cease, vest in Landlord or Landlord may place all or any portion dispose of such property in public storage for Tenant’s account. Tenant shall be liable to Property in any manner Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesdeems appropriate.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)
Surrender. Upon the expiration or earlier termination of this Lease or the Term, Tenant shall surrender termination of Tenant's right to occupy the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damagedLeased Property, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, Improvements shall automatically become the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction property of Landlord. Tenant covenants to thereupon surrender the Leased Property in good and (if applicable) operating condition, reasonable wear and tear excepted, free and clear of any liens, claims, charges or encumbrances and with no Hazardous Material located therein, thereon or thereunder (other than those liens, claims, charges, encumbrances and Hazardous Materials which are attributable to any act or omission of Landlord), and Tenant shall at its sole cost and expense remove Tenant's records and all consumable items from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Leased Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or records or consumable items, Landlord may deem the same abandoned by Tenant’s Personal Property, or Landlord may, but is not obligated to, at Tenant's expense and without notice to Tenant, remove the same from the Leased Property and thereafter, in Landlord's sole discretion, use, consume, destroy, dispose of or sell all or any part thereof without notice to Tenant. Any proceeds from sales of such failure continues after property by Landlord shall belong solely to Landlord. Upon termination of Tenant's occupancy, Tenant shall promptly execute and deliver to Landlord (i) a quitclaim deed or, at Landlord's option, a memorandum, in recordable form, evidencing the termination of this LeaseLease and (ii) bills of sale and other documents and instruments of conveyance, transfer and assignment as Landlord may retain such property and all rights reasonably request to evidence Landlord's acquisition of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use ownership of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesImprovements.
Appears in 1 contract
Sources: Ground Lease (Grand Casinos Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Alterations required which Landlord elects to be removed pursuant to Paragraph 11Section 5.4, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe installation or removal of any of the foregoing items. If Tenant fails does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, personal property. If Landlord may retain elects to consider such property and all rights of Tenant with respect to it shall ceaseabandoned, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for the costs of of: (i) removal of any such Alterations or personal property, (ii) storage, transportation, and Tenant’s Personal Property and storage and transportation costs disposition of the same, and the cost (iii) repair and restoration of repairing and restoring the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (PortalPlayer, Inc.)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all tenant improvements and Alterations to Landlord and such shall be returned clean and in good their original condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides as of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms Commencement Date of this Lease, required to maintain the HVAC system serving the Premises)except for reasonable wear and tear; provided, and all floors cleanedhowever, all that prior to the reasonable satisfaction expiration or termination of Landlord. this Lease, Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertypersonal property, Trade Fixtures and Alterations (including but not limited to, exterior signage, modular furniture, Tenant’s antenna systems and all cables, conduits, risers and other similar items and equipment which pass through portions of the Building or connect to the antenna systems) designated by Landlord for removal and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and Tenant shall pay Landlord on demand for all costs of removal and storage and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenantwhich event title to all such property described in Landlord’s accountnotice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordproperty. If the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor Section shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender earlier termination of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon On the expiration Term Expiration Date (or earlier termination of the Termthis Lease), Tenant shall quit and surrender possession of the Premises to Landlord in as good order and condition as they were in on the Term Commencement Date, reasonable wear and repairtear, normal taking by condemnation and repairs which are Land▇▇▇▇'▇ ▇esponsibility under Section 7.6 herein excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall also surrender to Landlord such Alterations as Tenant is required or entitled to leave pursuant to Section 5.6 herein. Tenant shall remove all furniture, equipment, trade fixtures, debris and fire or other casualty exceptedarticles of personal property owned by Tenant in the Premises, and shall repair any damage to the Premises resulting from such removal and restore the Premises to their original condition, with all interior walls repaired and cleaned, all interior painted surfaces repainted if damagedin the original color, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting HVAC equipment in good order condition and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced repair reasonable wear and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)tear excepted, and all floors cleanedcleaned and waxed. Any furniture, all to equipment, trade fixtures or other personal property not removed by Tenant by the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may retain such property and remove any or all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property items and dispose of same in any lawful manner or store same in a public storage warehouse or elsewhere for the account and at the expense and risk of Tenant’s account. Tenant shall be liable to Landlord for the costs of removal and storage of any furniture, equipment, trade fixtures or other personal property, the costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of samealterations which Tenant is required to remove hereunder, and the cost of repairing and restoring the Premisesany other reasonable loss, together with interest at the Interest Rate cost, damage, liability or expense incurred by Landlord arising from the date of expenditure by Landlord. If Tenant's failure to timely surrender the Premises are not so surrendered at in compliance with this Section. The obligations of Tenant under this Section shall survive the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Sublease for any reason, Tenant Subtenant shall surrender the Premises to Landlord Sublandlord in good its condition and repairexisting as of the Commencement Date (including the Initial Tenant Improvements even if not completed as of the Commencement Date) but subject to the provisions of Section 5, normal wear and tear and damage by fire or other casualty or condemnation or repairs which are the responsibility of Landlord excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant Subtenant shall remove from the Premises any Alterations all Subtenant's personal property and all of Subtenant's alterations required to be removed pursuant to Paragraph 11Sections 5D and 5E (but not the Initial Tenant Improvements), and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant Subtenant fails to remove any such Alterations alterations and/or Tenant’s Personal PropertySubtenant's personal property, and such failure continues after the termination of this LeaseSublease, Landlord or Sublandlord may retain or dispose of such property and all rights of Tenant Subtenant with respect to it shall cease, or Landlord Sublandlord may place all or any portion of such property in public storage for Tenant’s Subtenant's account. Tenant Subtenant shall be liable to Landlord Sublandlord for costs of removal of any such Alterations alterations and Tenant’s Personal Property Subtenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by LandlordSublandlord. If the Premises are not so surrendered at the termination of this LeaseSublease, Tenant Subtenant shall indemnify Landlord and its Agents Sublandlord against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant Subtenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease --------- for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the commencement date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all of Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Paragraph 11Section 5.E, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Property's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations alterations and Tenant’s Personal Property 's personal property and storage and transportation costs of same, and the cost of repairing and restoring the PremisesLandlord, together with interest at the Interest Rate interest rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (Numerical Technologies Inc)
Surrender. Upon the expiration or earlier termination of the TermLease termination, Tenant shall quit and surrender the Premises free and clear of all tenants, occupants, liens, and encumbrances whatsoever except (i) Permitted Exceptions and (ii) encumbrances restrictions or reservations caused by or consented to in writing by Landlord. Tenant shall, subject to the provisions of Section 10 and 11 hereof, surrender the Premises to Landlord broom clean and in good order, condition and repair, normal reasonable wear and tear and fire or other casualty excepted, with all interior walls repaired Tenant's signs, furniture, trade fixtures, equipment and repainted if damagedother personal property removed. Any of Tenant's furniture, all carpets shampooed trade fixtures, equipment or other personal property which is not removed from the Premises by the termination date shall be deemed abandoned to Landlord and cleanedLandlord may dispose of the same as it sees fit, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting at Tenant's expense. All alterations which Landlord has designated in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired writing for removal by a reputable and licensed service firm (if Tenant is at any time, pursuant to Section 6.2 shall be removed by Tenant except that if having so designated an alteration for removal, Landlord thereafter gives notice to Tenant at least six (6) months before the terms expiration of this Leasethe Lease Term that Landlord would be willing to let such alteration remain after the expiration of the Lease Term, required then Tenant may elect whether to maintain remove such alteration or leave it as part of the HVAC system serving Premises upon the Premises), and all floors cleaned, all to expiration of the reasonable satisfaction of LandlordLease Term. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by the removal of any alterations or any of Tenant's furrliture, trade fixtures, equipment or other personal property and restore the building or the surface of the Real Property, as the case may be, to substantially the condition in which it was prior to such removal. If Tenant fails At any time during the last six (6) months prior to remove any such Alterations and/or Tenant’s Personal Propertytbe expiration or termination of the Lease Term, and such failure continues or after the termination of this LeaseTerm has ended, Landlord may retain such property have an environmental assessment of the Premises peRormed, at Landlord's sole cost and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s accountexpense. Tenant shall be liable peRorm, at it sole cost and expense, any cleanup or remedial work required applicable laws and recommended by the consultant that performed the environmental assessment to Landlord for costs remove, mitigate or remediate any hazardous substances contamination of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasewhich, Tenant shall indemnify Landlord and its Agents against all loss based on such envirormental assessment, is determined (or liability, including attorneys’ fees and costs, resulting from delay reasonably concluded) to have been introduced by Tenant in so or its agents, employees, contractors, or invitees. Prior to surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use possession of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices Tenant shall also remove to the extent required by applicable laws and to the same are Tenant’s obligations under this Lease. It is not intendedextent installed by Tenant any personal property, nor shall it be construedequipment, to include items of neglected fixture and/or storage device or deferred maintenance which would have vessel on or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep about the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases which is contaminated by or accepting any sublease(s) as a direct lease or leaseswhich contains hazardous substances.
Appears in 1 contract
Sources: Lease Agreement (Emeritus Corp\wa\)
Surrender. Upon the expiration or earlier termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that on or before the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal; provided, however, upon expiration or termination of this Lease Tenant shall not be obligated to remove any Hazardous Material from the Property unless Handled by Tenant at the Property. If such removal is not completed on or before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall surrender pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, for the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove period from the Premises any Alterations end of the Term through the end of the time reasonably required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by for such removal. If Tenant fails Landlord shall also have the right to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant’s accountwhich event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordproperty. If the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant's possession, whichever is earliest, Tenant shall indemnify Landlord and its Agents against surrender all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused keys to the Premises, due to the expected and permitted use Premises or any other part of the PremisesBuilding and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair cabinets and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it vaults that may be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.located
Appears in 1 contract
Sources: Lease Agreement (Clarent Corp/Ca)
Surrender. Upon At the expiration or earlier termination of the Termterm of this lease, Tenant or upon any sooner termination thereof, the Lessee herein shall surrender remove all of his goods, wares, merchandise, furniture and fixtures from the Premises to Landlord leased premises, and will peaceably yield unto the Lessor the said leased premises in as good order, repair and condition and repairas when delivered by Lessor, normal ordinary wear and tear and fire damage by the elements alone excepted. Lessee must repair any holes or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues left after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations items owned by Lessee. All improvements made to the leased premises shall belong to Lessor and Tenant’s Personal Property and storage and transportation costs may not be removed by Lessee. ATTORNEY'S FEES Should either party hereto institute any action or proceeding in court to enforce any provisions hereof or for damage by reason of same, and the cost alleged breach of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination any provisions of this Lease, Tenant shall indemnify Landlord and its Agents against all loss lease or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes a declaration of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected such party's rights or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if or for any other judicial remedy, the best standards had been applied prevailing party shall be entitled to properly maintain and receive from the losing party such amount as the court may adjudge to be reasonable as attorney fees for the services rendered to the party ultimately prevailing in any such action or proceeding. PROTECTION FROM LIENS Lessee shall keep the Premises demised premises at all times in good condition during the term hereof free of Mechanic's Liens and repair. In Materialman's Liens or other liens of like nature other than liens created or claimed by reason of any work done by or at the event instance of surrender Lessor, and Lessee shall at all times fully protect and indemnify Lessor against all such liens or claims which may ripen into liens and against all attorney's fees and other costs and expenses growing out of this Lease, Landlord shall have the option or incurred by reason of terminating all existing subleases or accepting on account of any sublease(s) as a direct lease such claim or leaseslien.
Appears in 1 contract
Sources: Lease Agreement (Palweb Corp)
Surrender. On the Expiration Date or upon the sooner termination of this Sublease, Subtenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Sublease Premises to Sublandlord 'broom clean' and in good order, condition and repair except for ordinary wear and tear and damage by fire or other casualty. Subject to the terms of the Prime Lease, Subtenant shall retain title to, including the right to remove from the Sublease Premises at any time during the Term hereof, any movable trade fixtures or equipment paid for and installed by Subtenant (without contribution by either Sublandlord or Prime Landlord) used in Subtenant's business which are not necessary for the structural integrity of the Silicones Building or the operation of any building, mechanical or utility systems or equipment. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the sooner termination of this LeaseSublease, Landlord may retain such Subtenant shall, at its sole cost and expense, remove all personal property and all rights of Tenant with respect any movable trade fixtures or equipment belonging to Subtenant which it shall ceaseis permitted to move pursuant to this Section, provided, however, that in each instance Subtenant repairs any damage to the Sublease Premises or Landlord may place all the Silicones Building due to the installation or any portion removal of such property. Any trade fixtures, equipment or other property in public storage for Tenant’s account. Tenant of Subtenant remaining at the Sublease Premises after the expiration of this Sublease shall be deemed abandoned and may be removed or otherwise disposed of by Sublandlord without any notice, liability or obligation to Subtenant, but Subtenant shall remain liable to Landlord reimburse Sublandlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing performing any such work, said reimbursement to be made within ten (10) days after Sublandlord submits bills therefor. Subtenant agrees to indemnify, defend and restoring the Premisessave Sublandlord harmless from and against any and all loss, together with interest at the Interest Rate cost, expense or liability resulting from the date of expenditure by Landlord. If failure of, or the Premises are not so surrendered at the termination of this Leasedelay by, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant Subtenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Sublease Premises, due to the expected and permitted use of the Premisesincluding,without limitation, any claims made by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected Prime Landlord or deferred maintenance which would have any succeeding Subtenant founded on such failure or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesdelay.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. that Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertypersonal property, Trade Fixtures and Alterations that Tenant has the right or is required by Landlord to remove under the provisions of this Lease, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and such failure continues after Tenant shall pay Landlord within thirty (30) receipt of a written invoice for all costs of removal and storage thereof. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenantwhich event title to all such property described in Landlord’s accountnotice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordproperty. If the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor Section shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender termination of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Sub Sublease Agreement (Enernoc Inc)
Surrender. Upon the expiration or earlier termination of the final Lease Term, howsoever effected, Tenant shall forthwith surrender the Leased Premises to Landlord or Landlord’s designee, free and clear of all claims, liens, security interests and other encumbrances (except Permitted Encumbrances and other encumbrances approved in writing by Landlord during the Lease Term) and in as good working order and condition as on the Commencement Date, ordinary wear and tear excepted. Landlord's Equipment and all inventory acquired by Tenant during the Lease term and on hand as of the date of expiration or termination shall also be surrendered to Landlord and all equipment and inventory surrendered shall have an aggregate functional capability at least equal to the aggregate functional capability of the equipment and inventory existing at the Facility as of the Commencement Date. At the expiration of the final Lease Term or upon any sooner termination of this Lease, or upon ▇▇▇▇▇▇▇▇’s rightful reentry onto the Premises, Tenant shall surrender the Premises to Landlord “broom clean” and in good working order, condition and repair, normal except for ordinary wear and tear and fire damage by casualty or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlordcondemnation. Tenant shall remove from cooperate fully with the Premises transfer of operations to any Alterations required new tenant including, without limiting the generality of the foregoing, the transfer of information on resident accounts and contracts. In no event may the Tenant seek to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after change the termination number of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest licensed beds at the Interest Rate from Leased Premises or move any part of its nursing home operation to another location without the date express written consent of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss which consent may be withheld with or liability, including attorneys’ fees and costs, resulting from delay by Tenant without cause in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant▇▇▇▇▇▇▇▇’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasessole discretion.
Appears in 1 contract
Sources: Lease Agreement
Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including Tenant Improvements and Tenant's improvements and/or alterations installed pursuant to Article 7.2, in a janitorial clean condition and otherwise in as good condition as when Tenant, took possession, except for (i) reasonable wear and tear subsequent to the last repair replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a bill ▇▇ sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender to Landlord all keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord and its Agents against all any loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, including, without limitation, any claims made by any succeeding Tenant founded on such delay Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the purposes express purpose of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use arranging a meeting with Landlord for a joint inspection of the Leased Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of this Lease, Landlord the Leased Premises shall have the option be conclusively deemed correct for purposes of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesdetermining Tenant's liability for repairs and restoration hereunder.
Appears in 1 contract
Sources: Office Lease (Pegasus Solutions Inc)
Surrender. Upon The LESSEE shall at the expiration or earlier other termination of this Lease peaceably give up and surrender the TermLeased Premises without the requirement of any notice. Further, Tenant the LESSEE shall surrender carpeting, any electrical meters, alarm systems, and all fixtures and work (including partitions) in any way built-in or otherwise attached to the Leased Premises, as property of LESSOR, except such trade fixtures and work LESSOR shall direct LESSEE to remove or which LESSEE may remove without causing damages, losses, claims or injuries to persons or property. LESSEE shall restore and repair all damages, losses, and injuries to persons and property including the Premises, and LESSEE shall indemnify, save and hold LESSOR harmless from any and all losses, claims, liabilities, damages, injuries to persons or property, real or personal, and expenses arising from any removal of personal property; which sums shall be paid by LESSEE as Additional Rent. LESSEE shall remove all LESSEE’S good and effects from the Leased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to Landlord the LESSOR the Leased Premises in a good and broom clean condition (ready for future occupancy or the next Lessee), shall deliver all keys and repairlocks thereto and other fixtures connected therewith and all alterations and additions made to or upon the Leased Premises, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repaironly excepted. In the event of surrender the LESSEE’S failure to remove any of this LeaseLESSEE’S property from the Premises, Landlord LESSOR is hereby authorized without the liability to LESSEE for loss and damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE’S expense, or to retain same under LESSOR’S control or to sell at public or private sale, without notice of any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. If the LESSEE fails to surrender, vacate and deliver-up the Premises either after a default, agreement, judgment for possession or at the Lease Termination Date then LESSEE shall have pay LESSOR Rent equal to one and half (1 1⁄2) times the option Rent in effect at the time of terminating the holdover until the date that LESSEE completely vacates the Premises together with all existing subleases or accepting any sublease(s) as a direct lease or leasescosts, expenses, consequential damages and reasonable attorneys’ fees incurred by LESSOR.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall repair any damage to and restore the Termcondition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant’s Property and shall repair all damage to the Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant’s Property. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires (to the extent expressly permitted by Section 13.2 of this Lease) such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and security codes, to Landlord broom clean, in as good a condition as existed after Substantial Completion of the Initial Tenant’s Work, and repairin the condition described on Exhibit H attached hereto, normal ordinary wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides . Conditions existing because of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertyfailure to perform maintenance, repairs or replacements shall not be deemed “reasonable wear and repair any damage and perform any restoration work caused by such removaltear”. If Tenant fails to remove any such Alterations and/or of Tenant’s Personal Property, and such failure continues or to restore the Premises to the required condition, within 2 days after the termination of this LeaseLease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may retain such property and deem all rights or any part of Tenant with respect Tenant’s Property to it be abandoned and, at Landlord’s option, title to Tenant’s Property shall cease, vest in Landlord or Landlord may place all or any portion dispose of such property in public storage for Tenant’s account. Tenant shall be liable to Property in any manner Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesdeems appropriate.
Appears in 1 contract
Sources: Single Tenant Industrial Triple Net Lease (GenMark Diagnostics, Inc.)
Surrender. Upon termination of the Term or Tenant's right to possession of the Premises, Tenant shall return the Premises to Landlord in good order and condition, ordinary wear and damage by fire or other casualty excepted. If, in connection with the approval of plans for any alterations, Landlord notifies Tenant in accordance with Section 12 that Landlord requires Tenant to remove any of such alterations, then at Landlord's request, Tenant shall remove the applicable alterations, and the removal shall be done in a good and workmanlike manner, and upon the removal Tenant shall restore the Premises to its condition prior to the installation of such alterations (as the case may be), in each case on or before the expiration of the Term or Tenant's right to possession. Tenant shall not, however, be obligated to remove the Tenant Improvements (as defined in the Workletter Agreement) or any associated telephone, data and power wiring and cabling at the expiration or earlier termination of the Term. If Tenant does not remove the applicable alterations on or before the expiration of the Term or termination of Tenant's right to possession, then Landlord, without limiting any other rights or remedies available to Landlord, may remove the same and restore the Premises, and Tenant shall pay the reasonable cost of the removal and restoration to Landlord within thirty (30) days following Landlord's written demand. Notwithstanding the foregoing, it is understood and agreed that Tenant shall remove its FF&E (other than any associated telephone, data and power wiring and cabling installed in connection with the Tenant Improvements) from the Premises prior to termination of the Term or Tenant's right to possession of the Premises. As used herein, the term "FF&E" shall mean all of Tenant's furniture, equipment, trade fixtures, and all other items of non-affixed personal property and associated telephone, data and power wiring and cabling from time to time within the Premises, including without limitation, the categories of items listed in EXHIBIT I attached to this Lease. On or about the Commencement Date, Landlord and Tenant shall prepare and agree upon an updated list of the FF&E within the Premises, which shall be insured by Tenant under this Lease and shall be removed by Tenant upon the expiration of the Term or Tenant's right of possession. If Tenant does not remove the FF&E (other than cabling and wiring as described above), Tenant shall surrender be conclusively presumed to have conveyed the Premises same to Landlord in good condition without further payment or credit by Landlord to Tenant, or at Landlord's sole option and repair, normal wear and tear and fire without limiting any other rights or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washedremedies available to Landlord, the plumbing and electrical systems and lighting items shall be deemed abandoned, in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, which event Landlord may cause the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required items to be removed pursuant to Paragraph 11and disposed of at Tenant's expense, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant which shall be liable to Landlord for costs Landlord's reasonable cost of removal of (less any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate net proceeds received by Landlord from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasesale thereof), without notice to Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed without obligation to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are compensate Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Office Lease (Houghton Mifflin Co)
Surrender. Upon the On expiration or earlier early termination of the Termthis Lease, Tenant shall deliver all keys to Landlord, have final utility readings made and pay all utility accounts current on the date of move out, and surrender the Premises to Landlord clean and free of debris inside and out, with all mechanical, electrical, and plumbing systems in good condition operating condition, all signing removed and repairdefacement corrected, normal wear and tear and fire or other casualty exceptedall repairs called for under this Lease completed, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and steam cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Also prior to the expiration or earlier termination of the Lease Term, Tenant shall, at its sole cost and expense, remove all Tenant’s personal property from the Premises. The Premises shall be delivered in the same condition as at the Commencement Date, subject only to damage by casualty, the provisions of Paragraphs 6.4, 6.5, 6.6 and 17.2 and depreciation and wear and tear from ordinary use. Tenant shall remove all of its furnishings and trade fixtures that remain its property and restore all damage resulting from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails Failure to remove any such Alterations and/or Tenant’s Personal Propertysaid property shall be an abandonment of same, and such failure continues after the termination of this Lease, Landlord may retain such property remove and/or dispose of it in any manner permitted under law without liability, and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for any costs of removal removal, restoration, transportation to storage, storage and/or disposal, plus an administrative fee of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises[***] percent ([***]%), together with interest on all such expenses and fees at the Interest Rate from interest rate provided in Paragraph 25.2. The provisions of this Paragraph 17.1 (including, without limitation, all provisions referenced herein) shall survive the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (Outset Medical, Inc.)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this Lease, required to maintain Lease Tenant shall remove all telephone and data communications wiring installed in the HVAC system serving Building by Tenant in excess of a total of three (3) such connections (in combination but not in the Premises)aggregate) for each work station, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property's personal property, Trade Fixtures and Alterations that Tenant has the right or is required by Landlord to remove under the provisions of this Lease, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and Tenant shall pay Landlord on demand for all reasonable costs of removal and storage thereof (which storage may occur in the Premises or in some other portion of the Building or Project) and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written notice from Landlord (in public which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Landlord shall submit a final ▇▇▇▇ to Tenant for any rental value of the Premises or other costs of transport, storage for and disposal of Tenant’s account's Personal property, Trade Fixtures and Alterations which Tenant has failed to remove from the Premises as and when required hereunder within thirty (30) days of Landlord's final disposition of all items thereof, whether by sale or other disposal by Landlord or by Tenant's retrieval. Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordproperty. If the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant's possession, whichever is earliest, Tenant shall indemnify surrender all keys and access cards to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located in so surrendering the Premises. Normal wear and tear, for Tenant's obligations under this Section shall survive the purposes expiration or termination of this Lease, shall be construed to mean wear and tear caused Lease except with respect to the Premises, due rights and obligations of Tenant under this Section to remove items from the Premises and the obligations of Tenant to repair and restore any damage to the expected Premises caused by such removal and permitted use surrender of the Premises, in which case any claim by a natural aging process which occurs Landlord for costs incurred in spite of prudent application removing such personal property and/or repairing such damages to the Premises shall survive the expiration of the best standards for maintenance, repair and janitorial practices Term only to the extent written notice of Landlord's claim for a specific item is delivered to Tenant prior to sixty (60) days after Tenant delivers written notice to Landlord that Tenant has fully and completely vacated and surrendered the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesPremises.
Appears in 1 contract
Sources: Lease Agreement (Riddell Sports Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Lease Tenant shall remove from the Premises Tenant's personal property, (other than cabling and telephone equipment) and any Alterations required to be removed pursuant to Paragraph 11, Trade Fixtures and all Tenant’s Personal PropertyAlterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant’s accountwhich event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such Alterations property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and Tenant’s Personal Property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant's obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation, Hazardous Materials not caused by Tenant or Tenant's Agents and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Alterations required to be removed pursuant to Paragraph 11, Trade Fixtures and all Tenant’s Personal PropertyAlterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant’s accountwhich event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such Alterations property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and Tenant’s Personal Property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant's obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the Commencement Date, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)firm, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant’s Personal Property and any Alterations required to be removed that Landlord designates for removal pursuant to Paragraph 1111(a) below (including the Courtyard Improvements, if applicable, but excluding the Tenant Improvements) and all Tenant’s Personal Propertyany other Alterations that Landlord designates for removal if such Alterations were not approved by Landlord, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal PropertyProperty and/or any Alterations that Tenant is required to remove, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Landlord’s Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, Premises by a natural aging process which occurs in spite of prudent application of the best commercially reasonable standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Leaselease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, Lease if the best commercially reasonable standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease Agreement (Silicon Image Inc)
Surrender. Upon the termination of this Lease, by expiration or earlier termination of the Termotherwise, Tenant shall peaceably surrender the Premises to Landlord in good condition and repair, normal wear repair consistent with Tenant's duty to make repairs as provided herein. All Alterations and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant decorations made to the terms Premises by Tenant after the initial build-out shall remain and be the property of this Lease, required Landlord unless Landlord shall require Tenant (which election shall be made by Landlord at the time of Landlord's consent to maintain the HVAC system serving the Premisessame), at Tenant's expense, to remove any or all thereof and repair the damage caused by such removal. All furniture, equipment and unattached movable personal property owned by Tenant may (and upon Landlord's request shall) be removed from the Premises by Tenant no later than the termination date, and Tenant shall repair any and all floors cleaned, all to the reasonable satisfaction of Landlorddamage caused by such removal. Tenant shall also remove its satellite dish from the Premises any Alterations required to be removed pursuant to Paragraph 11roof of the Building, its card access security system hardware and all Tenant’s Personal Propertycabling, wiring and ancillary equipment installed by Tenant in the Premises or the Building and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the Premises are not surrendered upon the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this LeaseLease as set forth herein, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the PremisesPremises including, without limitation, any claim made by any succeeding tenant founded on such delay. Normal wear and tear, for the purposes of this Lease, Tenant shall be construed to mean wear and tear caused also surrender all keys to the PremisesPremises and shall inform Landlord of combinations in any locks, due to the expected safes and permitted use of vaults, if any, in the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Office Lease (Metavante Corp)
Surrender. Upon At the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all Tenant Work (such Tenant Work to be in conformity with the provisions hereof) and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures, partitions, or other portions of Tenant Work in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord), provided, however, that Tenant shall remove all Tenant Property, restore any slab penetrations made by Tenant, and remove any subtenant demising walls, private bath or shower facilities, and other Tenant Work that Landlord may direct Tenant to remove (which items Landlord will designate at the time of Landlord’s approval of such work, if requested by Tenant in its submission for such Landlord approval), and leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1. Tenant shall, on or before the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain remove the HVAC system serving the Premises)goods, effects, fixtures, and all floors cleanedimprovements which Tenant is required or permitted to remove in accordance with the provisions of this Section, all making any repairs to the reasonable satisfaction Premises and other areas necessitated by such removal and leaving the Premises clean and tenantable. Should Tenant fail to remove any of such items, Landlord may have them removed forcibly, if necessary, and store any of Tenant’s property in a public warehouse at the risk of Tenant. If such items are not removed from storage within thirty (30) days, such items may be sold by any customary methods in order to pay storage costs and other expenses of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11The expense of such removal, storage and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused reasonable repairs necessitated by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant removal shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay borne by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed or reimbursed by Tenant to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesLandlord.
Appears in 1 contract
Surrender. Upon At the expiration or earlier other termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in as good order and condition and repairas they were at the commencement of the Term or may be put in thereafter in accordance with this Lease, normal reasonable wear and tear and fire or (other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of than for any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired Restoration required by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease) damage to the Premises by any Termination Casualty or Major Condemnation of the Premises excepted. All Alterations, required to maintain the HVAC system serving the Premisesexcept Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and all floors cleanedshall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term. At the expiration or termination of the Term, all to the reasonable satisfaction of Landlord. Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises Premises. Tenant agrees to repair any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any such Alterations and/or Tenant’s Personal Propertyreason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such failure continues after property to be removed from the Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. The provisions of this Section 19 shall survive the termination or expiration of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon the Tenant shall, upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the sooner termination of this Lease, surrender the premises to Landlord may retain in the same condition as existed upon completion of the Tenant Improvements (reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) with all HVAC equipment in operating order and in good repair. Tenant shall at such time also surrender to Landlord such alterations (as defined in Paragraph 9) as Landlord does not require Tenant to remove (or which Tenant has the right to remove) in accordance with Paragraph 9.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and abandoned trade fixtures or equipment of Tenant’s Personal Property and storage and transportation costs , or of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure any alterations Tenant fails to remove if so required by Landlord. If the Premises premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the Premisespremises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and reasonable attorneys' fees and costs. Normal wear and tear, for All keys to the purposes of this Lease, premises or any part thereof shall be construed surrendered to mean wear and tear caused to the Premises, due to the expected and permitted use Landlord upon expiration or sooner termination of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesLease term.
Appears in 1 contract
Sources: Sublease and Lease Agreement (Inhale Therapeutic Systems)
Surrender. Upon At the expiration or earlier termination end of the Lease Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm Renewal Term (if the Tenant is at any time, pursuant to has exercised its option for a Renewal Term) or upon the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the sooner termination of this Lease, Tenant shall peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions thereto by whomsoever made, broom clean and in the same condition as received or first installed, excepting only ordinary wear and tear and damage by fire, earthquake or other catastrophes not the fault of Tenant . Any trade fixtures, machinery, signs, and other personal property of Tenant not permanently affixed to the Premises shall remain the property of the Tenant and Tenant shall remove them from the Premises by the end of the Lease Term or Renewal Term. Any such property not so removed shall be deemed abandoned by Tenant, and at Landlord's election by notice to Tenant, title to the same shall thereupon pass to Landlord. If Landlord does not elect by notice to Tenant to take title to the abandoned property of the Tenant, Landlord may retain such dispose of the abandoned property without accountability and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for and shall pay to Landlord forthwith on demand the costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, with interest and the cost rate of repairing and restoring the Premises, together with interest at the Interest Rate 10% per annum on all expenses from the date of expenditure by Landlord. If Finally, before delivering possession of the Premises are not so surrendered at to the termination of this LeaseLandlord hereunder, the Tenant shall indemnify Landlord have: 1) removed all of the residue from the Tenant's manufacturing processes (including soot and its Agents against rubber shavings) to the extent reasonably practical, 2) steam cleaned the Buildings in a commercially reasonable manner, and 3) repainted the Buildings. Tenant shall make any repairs required under this section 22.01 and surrender all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused keys to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon Lessee shall on the last day of the term hereof, or upon any earlier termination of this Lease, surrender and deliver up the Premises to Lessor without delay and in good order, condition and repair broom-clean, ordinary wear and tear excepted. All furniture furnishings, fixtures and equipment, installed or used in the operation of the Premises, shall throughout the term of this Lease, be the property of Lessee. At the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain provided Lessee is not in default hereunder, Lessee may remove its unattached, movable equipment and trade fixtures. Upon the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the expiration or termination of this Lease, Landlord may retain if so requested by Lessor, Lessee shall within ten (10) days following such property expiration or termination, remove all such fixtures and equipment installed on the Premises by Lessee, whether or not such fixtures and equipment are attached to the building or other improvements located on the Premises, unless such removal would cause damage to the Premises which would require substantial repair Lessee shall fully repair all rights damage of Tenant with respect any kind or character to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of the Premises occasioned by the removal of any such Alterations fixtures or equipment which repair shall include the patching and Tenant’s Personal Property filling of holes and storage and transportation costs repair of samestructural damage Any fixtures, and the cost furnishings, equipment or other personal property of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If Lessee which shall remain on the Premises are not so surrendered at or any part thereof for ten (10) days following the expiration or termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering at the Premises. Normal wear and tear, for the purposes option of this LeaseLessor, shall be construed deemed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Leaseabandoned by Lessee and either may be retained by Lessor as its properly or disposed of, pursuant to Tenant’s express obligations hereunderwithout accountability, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) such manner as a direct lease or leases.Lessor may determine
Appears in 1 contract
Sources: Standard Commercial Industrial Lease (Imarx Therapeutics Inc)
Surrender. Upon On the expiration or earlier termination last day of the TermTerm of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in good order, condition and repair, normal reasonable wear and tear tear, casualty and fire damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other casualty exceptedthan trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, with all interior walls repaired and repainted if damagedwithout disturbance, all carpets shampooed and cleaned, all broken, marred molestation or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides injury at the termination of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms Term of this Lease, required to maintain whether by the HVAC system serving the Premises), and all floors cleanedlapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the reasonable satisfaction Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord. Tenant shall remove from ; provided, that the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of terminating ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
▇▇. ▇▇▇▇▇ Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all existing subleases or accepting any sublease(s) as a direct lease or leasesother terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease --------- for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant's trade fixtures, furniture, moveable equipment and other personal property, and any Alterations required which Landlord elects to be removed pursuant to Paragraph 11Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe installation or removal of any of the foregoing items. If Tenant fails does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, personal property. If Landlord may retain elects to consider such property and all rights of Tenant with respect to it shall ceaseabandoned, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for the costs of of: (i) removal of any such Alterations or personal property, (ii) storage, transportation, and Tenant’s Personal Property and storage and transportation costs disposition of the same, and the cost (iii) repair and restoration of repairing and restoring the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (Ydi Wireless Inc)
Surrender. Upon the expiration termination of this Lease, whether by forfeiture, lapse of time or earlier otherwise, or upon the termination of the TermTenant's right to possession of the Premises, Tenant shall will at once surrender and deliver up the Premises Premises, together with all improvements thereon, to Landlord in good condition and repair, normal reasonable wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed "reasonable wear and fire or other casualty excepted, with tear." Tenant shall surrender to Agent all interior walls repaired keys to the Premises and repainted if damaged, make know to Agent the explanation of all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if combination locks which Tenant is at any timepermitted to leave on the Premises. Said improvements shall include all plumbing, pursuant lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the terms business of this LeaseTenant). Tenant may remove any floor covering as to which Tenant paid the total cost of purchase and installation; in such event, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from all fastenings, paper, glue, bases and other vestiges thereof and restore the floor surface to its previous condition, or shall pay to Landlord the cost of so restoring the floor surface condition. Except as provided in the immediately preceding sentence, all additions, hardware, non-trade fixtures and all improvements, in or upon the Premises placed there by Tenant ("Alterations") shall become Landlord's property and shall remain upon the Premises upon such termination without compensation or allowance credit to Tenant, provided, however, that Landlord shall have the right to require Tenant to remove any Alterations required to be removed pursuant to Paragraph 11or any portion thereof, including without limitation any floor covering purchased and installed at Tenant's sole cost, and all Tenant’s Personal Propertyto restore the Premises to their condition prior to the making thereof, repairing any damage occasioned by such removal and restoration. Said right shall be exercised by Landlord's giving written notice thereof to Tenant on or before twenty (20) days after any such termination. If Landlord requires removal of any Alteration or portion thereof, and Tenant does not make such removal in accordance with this Section at the time of such termination or within ten (10) days after such request, whichever is later, Landlord may remove the same (and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Propertyoccasioned thereby), and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall ceasedispose thereof, or Landlord may at its election, deliver the same to any other place all of business of Tenant, or any portion of such property in public storage for Tenant’s accountwarehouse the same. Tenant shall be liable pay the costs of such removal, repair, delivery and warehousing to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leaseson demand.
Appears in 1 contract
Sources: Sublease (Quintus Corp)
Surrender. Upon the expiration or earlier termination of the Term, this Lease Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Alterations required to be removed pursuant to Paragraph 11, Trade Fixtures and all Tenant’s Personal PropertyAlterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations or, at Landlord's election, any work performed on the Premises by Tenant without Landlord's consent, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant’s accountwhich event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such Alterations property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and Tenant’s Personal Property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant's obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon the Expiration Date or termination of this Sublease, Subtenant shall quit and surrender to Sublandlord the Subleased Premises, in the condition required by the terms of the Prime Lease, including, without limitation, performance of all removal and restoration obligations regardless of which entity or person installed or performed the alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, or furniture. Without limiting the foregoing, Subtenant shall remove from the Subleased Premises all of its personal property, furniture, furnishings, and equipment, and shall repair all damage resulting from such removal or its use of the Subleased Premises. If Subtenant fails to remove any of Subtenant’s personal property or perform any required repairs or restoration prior to the expiration or earlier termination of the Termthis Sublease, Tenant then Sublandlord, at Subtenant’s sole cost and expense, may remove, store, sell and/or dispose of Subtenant’s personal property and perform such required repairs and restoration work. Subtenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of reimburse Sublandlord for any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all costs and expenses incurred by Sublandlord (whether directly or as a pass-through) to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required cause such property to be removed pursuant to Paragraph 11and repairs and restorations made, together with any and all Tenantdamages which Sublandlord may suffer and sustain by reason of Subtenant’s Personal Propertyfailure to perform its obligations set forth in this Section, plus a [***] percent ([***]%) administration fee. Subtenant’s obligations to perform and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after observe this covenant shall survive the expiration or earlier termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesSublease.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this LeaseLease Tenant shall, required to maintain at Landlord’s request, remove all telephone and other cabling installed in the HVAC system serving the Premises), Building by Tenant and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertypersonal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage and perform any restoration work caused by such removal. If ; provided, however, that Tenant fails shall not be required to remove (i) any such Alterations and/or Tenant’s Personal Propertyportion of the Tenant Improvements (except for wiring and cabling), subject to the terms and such failure continues after conditions of Section 6.1 above; (ii) Standard Office Improvements, (iii) the termination vault located in Suite 100 of the Premises as of the date of this Lease and the vault located in Suite 150 of the Premises as of the date of this Lease, Landlord may retain such property (iv) the two (2) above-grid air conditioning units in the second (2nd) floor computer room, (v) the private elevator servicing between the first (1st) and all rights second (2nd) floors of the Premises, and (vi) the air conditioning unit in the electrical room of Suite 150. In any event, and notwithstanding anything to the contrary contained herein, unless otherwise notified in writing by Landlord, Tenant shall remove any signage installed by or on behalf of Tenant with respect pursuant to it this Lease or the Existing Leases, any supplemental heating, ventilating and air conditioning unit servicing the Premises and installed therein as of the date of this Lease, the existing night depository and Tenant’s Security System. If such removal is not completed before the expiration or termination of the Term, Landlord shall ceasehave the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or Landlord may place dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenantwhich event title to all such property described in Landlord’s accountnotice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordproperty. If the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor Section shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender termination of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon Subject to the expiration provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination of this Lease), ▇▇▇▇▇▇ shall quit and surrender possession of the Term, Tenant shall surrender the Leased Premises to Landlord in as good order and condition as they were in on the Term Commencement Date, reasonable wear and repairtear, normal casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and fire articles of personal property owned by Tenant in the Leased Premises, and shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or other casualty exceptedearlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with all interior walls repaired and repainted if damagedapplicable law, all carpets shampooed and cleaned, all broken, marred without notice to or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, demand upon Tenant. Landlord shall apply the plumbing and electrical systems and lighting in good order and repair, including replacement proceeds of any burned out such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if thereafter be due to Landlord from Tenant is at under any time, pursuant to of the terms of this Lease; and fourth, required to maintain the HVAC system serving the Premises)balance, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construedif any, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date this Lease is fully executed, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washedbuilding systems, including the plumbing plumbing, HVAC, ALC and electrical systems and lighting in good order and repair, and everything else in good repair for which Tenant is responsible under Section 9(b) hereof, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required all Tenant's personal property and all of Tenant's alterations which Landlord requires Tenant to be removed pursuant to Paragraph 11remove, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Property's personal property, and such failure continues after the termination ter▇▇▇▇▇▇on of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations alterations and Tenant’s Personal Property 's personal property and storage and transportation costs of sames▇▇▇, and ▇nd the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (Marvell Technology Group LTD)
Surrender. Upon termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord in good order and condition, ordinary wear and damage by fire or other casualty excepted. If, in connection with the approval of plans for any alterations, Landlord notifies Tenant in accordance with Section 12 that Landlord requires Tenant to remove any of such alterations, then at Landlord’s request, Tenant shall remove the applicable alterations, and the removal shall be done in a good and workmanlike manner, and upon the removal Tenant shall restore the Premises to its condition prior to the installation of such alterations (as the case may be), in each case on or before the expiration of the Term or Tenant’s right to possession. Tenant shall not, however, be obligated to remove the Tenant Improvements (as defined in the Workletter Agreement) or any associated telephone, data and power wiring and cabling at the expiration or earlier termination of the Term. If Tenant does not remove the applicable alterations on or before the expiration of the Term or termination of Tenant’s right to possession, then Landlord, without limiting any other rights or remedies available to Landlord, may remove the same and restore the Premises, and Tenant shall pay the reasonable cost of the removal and restoration to Landlord within thirty (30) days following Landlord’s written demand. Notwithstanding the foregoing, it is understood and agreed that Tenant shall remove its FF&E (other than any associated telephone, data and power wiring and cabling installed in connection with the Tenant Improvements) from the Premises prior to termination of the Term or Tenant’s right to possession of the Premises. As used herein, the term “FF&E” shall mean all of Tenant’s furniture, equipment, trade fixtures, and all other items of non-affixed personal property and associated telephone, data and power wiring and cabling from time to time within the Premises, including without limitation, the categories of items listed in EXHIBIT I attached to this Lease. On or about the Commencement Date, Landlord and Tenant shall prepare and agree upon an updated list of the FF&E within the Premises, which shall be insured by Tenant under this Lease and shall be removed by Tenant upon the expiration of the Term or Tenant’s right of possession. If Tenant does not remove the FF&E (other than cabling and wiring as described above), Tenant shall surrender be conclusively presumed to have conveyed the Premises same to Landlord in good condition without further payment or credit by Landlord to Tenant, or at Landlord’s sole option and repair, normal wear and tear and fire without limiting any other rights or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washedremedies available to Landlord, the plumbing and electrical systems and lighting items shall be deemed abandoned, in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, which event Landlord may cause the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required items to be removed pursuant to Paragraph 11, and all disposed of at Tenant’s Personal Propertyexpense, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant which shall be liable to Landlord for costs Landlord’s reasonable cost of removal of (less any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate net proceeds received by Landlord from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasesale thereof), without notice to Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed without obligation to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are compensate Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Office Lease (Houghton Mifflin Co)
Surrender. Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the Termtermination of Tenant’s right to possession of the Leased Premises, Tenant shall will at once surrender and deliver up the Premises Leased Premises, together with all improvements thereon, to Landlord in good condition and repair, normal reasonable wear and tear and fire or other casualty excepted, and in broom clean condition. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment used in the operation of the Leased Premises, together with all interior walls repaired duct work. All additions, hardware, non‑trade and repainted if damagedtrade fixtures and all other improvements, all carpets shampooed and cleaned, all broken, marred in or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, upon the plumbing and electrical systems and lighting in good order and repairLeased Premises placed there by Tenant, including replacement those portions of Leasehold Work noted on Exhibit E as being removed by Tenant shall remain Tenant’s property and may be removed by Tenant from the Leased Premises upon such termination of this Lease by lapse of time or otherwise; provided, however, that (i) Tenant shall pay the cost of such removal, (ii) Tenant shall be responsible for repairing any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant damage caused to the terms of this Lease, required to maintain the HVAC system serving the Premises)Leased Premises in connection with such removal on demand, and (iii) all floors cleanedelectrical, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11plumbing, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalheating outlets shall be allowed to remain in place. If the Tenant fails to remove any such Alterations and/or alterations, decorations, additions and improvements and restore the Leased Premises, then upon the expiration of this Lease or upon Tenant’s Personal Propertyvacating the Premises prior to such expiration, all such alterations, decorations, additions and such failure continues after improvements shall become, at Landlord’s option, the termination property of this Lease, the Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and pay the cost of repairing such removal, delivery, and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify warehousing to Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leaseson demand.
Appears in 1 contract
Sources: Lease (Tpi Composites, Inc)
Surrender. Upon of At the expiration or earlier termination end of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination term of this Lease, Tenant shall indemnify Landlord Leased Space surrender the Leased space to Landlord, together with all alterations, additions and its Agents against all loss or liabilityimprovements thereto, including attorneys’ fees in broom clean condition and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear good order and tear, repair except for the purposes of this Lease, shall be construed to mean ordinary wear and tear caused and damage for which Tenant is not obligated to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations make repairs under this Lease. It Subject to Paragraph 9 hereof and if Tenant is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term then in default under any of the Leaseterms hereof, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord Tenant shall have the option right at the end of terminating the term hereof to remove any equipment, furniture, trade fixtures or other personal property placed in the Leased Space by Tenant, provided that Tenant promptly repairs any damage to the Leased Space caused by such removal. Tenant shall repair all existing subleases damage to the Leased Space caused by such removal and restore the Leased Space to the condition in which it was prior to the installation of the items so removed. Tenant shall surrender the Leased Space to Landlord at the end of the term hereof, without notice of any kind, and Tenant waives all right to any such notice as may be provided under any laws now or accepting hereafter in effect in Pennsylvania. If Tenant shall fail to remove any sublease(s) of its equipment, furniture, trade fixtures or other personal property, Landlord may remove and store the same at the expense of Tenant or sell the same on behalf of Tenant at public or private sale in such manner as a direct lease or leasesis commercially reasonable, with any proceeds thereof to be first applied to the costs and expenses, including attorney's fees, of the storage and sale and the payment of any amounts owed hereunder by the Tenant.
Appears in 1 contract
Sources: Lease (Antares Pharma Inc /Mn/)
Surrender. Upon expiration of the Term or earlier termination of Tenant's right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, subject to any Alterations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premises or the Project by any person other than Landlord, its agents, employees, contractors or invitees and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to, or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant's Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repairincluding without limitation, normal wear and tear and fire or other casualty exceptedindemnity obligations, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant payment obligations with respect to it shall cease, or Landlord may place all or any portion Rent and obligations concerning the condition and repair of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the for a period of three (3) years after expiration or earlier termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesTerm.
Appears in 1 contract
Sources: Lease Agreement (Viacell Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this LeaseLease Tenant shall, required to maintain at Landlord’s request, remove all telephone and other cabling installed in the HVAC system serving the Premises), Building by Tenant and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertypersonal property and any Trade Fixtures and all Alterations (other than standard office improvements) that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenantwhich event title to all such property described in Landlord’s accountnotice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordproperty. If the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor Section shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender termination of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease Agreement (FireEye, Inc.)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord; provided in no event shall Tenant be required to return the Premises in better condition than received (except for the Tenant Improvements and other improvements and alterations made to the Premises by Tenant after the delivery of the Premises to Tenant). Tenant shall remove from the Premises any Alterations and the Enclosure Area all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Paragraph 11Section 5E, and all Tenant’s Personal Property, restore the Premises and repair any damage and perform any restoration work caused by such removalEnclosure Area to its condition prior to their installation. If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Property's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations alterations and Tenant’s Personal Property 's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease Agreement (Zilog Inc)
Surrender. Upon At the expiration of the Term or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal without the requirement of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasenotice, Tenant shall indemnify Landlord peaceably surrender the Premises including all alterations and its Agents against additions thereto and all loss or liabilityreplacements thereof, including attorneys’ fees carpeting, any water or electricity meters, and costsall fixtures and partitions, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused any way bolted or otherwise attached to the PremisesPremises (which shall become the property of Landlord) except such alterations and additions as Landlord shall direct Tenant to remove including cabling (provided, due , however, that Tenant shall not be directed to remove Tenant's Initial Construction or any subsequent Tenant Work installed with Landlord's approval unless, at the expected and permitted use time of Landlord's approval of such Tenant Work, Landlord specifically notified Tenant that Tenant would be directed to remove that Tenant Work from the Premises at the expiration of the PremisesTerm), by a natural aging process and Tenant shall leave the Premises and improvements in the condition in which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations required to be maintained under Section 5.1. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this LeaseSection 5.11, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises clean and tenantable. It is not intendedShould Tenant fail to remove any of such goods, nor shall it be construedeffects, to include items of neglected or deferred maintenance which would and fixtures, Landlord may, after notice, have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunderthem removed forcibly, if necessary, and store any of Tenant's property in a public warehouse at the best standards had been applied risk of Tenant. If such items are not removed from storage within thirty (30) days, such items may be sold by any customary methods in order to properly maintain pay storage costs and keep the Premises other expenses of Landlord. The expense of such removal, storage and reasonable repairs necessitated by such removal shall be borne solely by Tenant or at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesLandlord's election reimbursed by Tenant to Landlord.
Appears in 1 contract
Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in good the same condition and repair, normal as existed on the date Tenant originally took possession thereof (reasonable wear and tear and fire or other casualty damage due to causes beyond reasonable control of Tenant excepted, ) with all interior walls repaired and repainted if damagedcleaned, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing HVAC equipment in operating order and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from at such time also surrender to Landlord such alterations as Landlord does not require Tenant to remove. Tenant, on or before the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the expiration of sooner termination of this Lease, Landlord may retain such shall remove all of its personal property and trade fixtures from the Premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and abandoned trade fixtures or equipment of Tenant’s Personal Property and storage and transportation costs , or of sameany alterations Tenant fails to remove if so required by landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant ▇▇▇▇▇▇ in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. Normal wear and tear, for All keys to the purposes of this Lease, Premises or any part thereof shall be construed surrendered to mean wear and tear caused to the Premises, due to the expected and permitted use Landlord upon expiration or sooner termination of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesLease term.
Appears in 1 contract
Sources: Lease Agreement (Wireless Inc)
Surrender. Upon the expiration or earlier termination of this Lease whether by forfeiture, lapse of time or otherwise, or upon the Termtermination of Tenant's right to possession of the Property, Tenant shall will at once surrender and deliver up the Premises Property, together with all improvements thereon, to Landlord Landlord, broom clean1 in good order, condition and repair, normal ordinary wear and tear and fire excepted. "Broom clean" means free from all debris, dirt, rubbish, personal property of Tenant, oil, grease, tire tracks or other casualty exceptedsubstances, with all interior walls repaired inside and repainted if damaged, all carpets shampooed outside of the building and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides on the grounds comprising the Property. Any damage caused by removal of windows washed, Tenant from the plumbing and electrical systems and lighting in good order and repairProperty, including replacement any damages caused by removal of any burned out or broken light bulbs or ballastsTenant's equipment as herein defined, the HVAC equipment serviced and shall be repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant its cost prior to the terms expiration of this LeaseLease term. In the event any improvements or Tenant's equipment are not removed by Tenant at the time of the expiration' of this Lease tern,, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from pay rent until such improvements and fixtures and Tenant's equipment are removed. All additions, hardware, improvements, temporary or permanent, in or upon the Premises any Alterations required Property placed there by Tenant will become Landlord's property and shall remain upon the Property upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to be removed pursuant to Paragraph 11Tenant, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such unless Landlord requests their removal. If Landlord so requests removal of such additions, hardware, or improvements and Tenant fails to remove any does make such Alterations and/or Tenant’s Personal Property, and such failure continues after removal by the termination of this Lease, or within ten (10) days after such request, whichever is later, Landlord may retain such property remove the same and all rights deliver the same to any other place business of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of warehouse the same, and Tenant agrees to pay the cost of repairing such removal, delivery and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify warehousing to Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leaseson demand.
Appears in 1 contract
Sources: Building Lease (Surebeam Corp)
Surrender. (a) Upon the expiration or earlier termination of the Term, Tenant shall quit and surrender the Premises to Landlord the Building and/or Demised Premises in compliance with all governmental regulations as mentioned herein, broom clean and in good order, in the same condition and repair, normal as of the Commencement Date excepting ordinary wear and tear to painted surfaces and fire floor coverings, and damage by insured casualty. For purposes of clarification, and not limitation, Tenant’s deferral of routine maintenance or other casualty exceptedfailure to make repairs and any condition to of the Demised Premises which was affected by Tenant’s ordinary business operations, with all interior walls repaired such as, but not limited to, accumulations of grease or dust on walls, ceilings, floors or HVAC equipment, discoloration, staining, pitting or spalling of concrete floor surfaces, damage to walls, columns, bollards or doors or door frames/rails from materials moving equipment such as fork lifts, failure to remove cabling or controls such as, but not limited to, alarm panels, and repainted if damageddamage to asphalt parking areas from excessive weight of vehicle or improper use of trailer dollies, all carpets shampooed shall not constitute ordinary wear and cleanedtear. In addition, all brokennotwithstanding an exception for reasonable wear and tear, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides Tenant agrees upon termination of windows washedthe Lease, the air-conditioning, cooling systems, heating equipment and plumbing and electrical systems shall be in good, operable condition, all light fixtures and lighting bulbs shall be operable, cleaned and in good order working order, and repairthe condition of the Building and/or Demised Premises shall be in such a condition upon surrender as though the Tenant made all repairs and replacements as were necessary during the Term and was continuing the operation of its business at the Demised Premises. If requested by Tenant, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Landlord shall advise Tenant is at any time, pursuant as to the terms of this Lease, required repairs and restoration to maintain the HVAC system serving the Premises), and all floors cleaned, all be undertaken by Tenant prior to the reasonable satisfaction expiration of Landlordthe Term. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all personal property of Tenant’s Personal Property, and repair any damage done by the installation or removal of same, as directed by Landlord. Further, Tenant shall remove (i) all its signage from the walls and perform any restoration work caused doors of the Building and/or Demised Premises and shall restore such walls or doors to the condition they were in prior to the installation of Tenant’s signage (ii) all cable and/or wiring abandoned or to be abandoned by such removalTenant within the Demised Premises as necessary to comply with current code, rule or regulation, (iii) all debris from the Building and Demised Premises including the cleaning up of the dumpster area(s) and loading dock areas, and (iv) all dumpsters or garbage containers. If Tenant fails to remove any such Alterations the Building and/or Tenant’s Personal PropertyDemised Premises is not surrendered in the condition required under this Section, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable deemed to Landlord for costs be a holdover, without regard to whether or not Tenant is in physical possession or occupancy of removal all or part of any such Alterations and Tenant’s Personal Property and storage and transportation costs of samethe Demised Premises, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, in addition Tenant shall indemnify and defend Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from the delay by Tenant in so surrendering the Demised Premises. Normal wear , including, without limitation, any claims made by any succeeding occupant founded on such delay.
(b) Unless sooner terminated, during the last six (6) months of the Term Landlord will inspect the Building and/or Demised Premises and tear, advise Tenant of the work required to place the Building and/or Demised Premises in condition for surrender pursuant to the purposes terms of this Section. Landlord’s advice shall be subject to circumstances or events occurring between the date of the inspection and the date of surrender, as to which Landlord reserves all rights.
(c) If Tenant fails to surrender the Building and/or Demised Premises as required by this Section, Landlord may, at its option, make any repairs or take other actions so as to perform the obligations of Tenant and the costs and expenses shall be reimbursed to Landlord by Tenant upon demand. Additionally, if as a result of the fact that Tenant does not surrender the Building and/or Demised Premises in the condition required by this Section, work is required to be performed, whether by Tenant or Landlord, following the expiration or earlier termination of the Term, Tenant shall be deemed to be a holdover tenant and shall be liable to Landlord for payment of holdover rent as provided in this Lease.
(d) All such remedies of Landlord, and the remedies provided for in Section 15.2, shall be cumulative, and in addition, Landlord may pursue any other remedies that may be permitted by law or in equity. Forbearance or an election by Landlord to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to mean wear and tear caused to the Premisesconstitute an election of remedies, due to the expected and permitted use a waiver of the Premises, by any other remedy which may be available or a natural aging process which occurs in spite waiver of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are such default. Tenant’s 's obligations under this Lease. It is not intended, nor Section shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term earlier termination of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (R F Industries LTD)
Surrender. Upon the expiration or earlier termination of the Termthis Sublease for any reason, Tenant Subtenant shall surrender the Premises to Landlord Sublandlord in good its condition and repairexisting as of the Commencement Date (including Building standard Tenant Improvements even if not completed as of the Commencement Date), normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of LandlordSublandlord. Tenant Subtenant shall remove from the Premises any Alterations all Subtenant’s personal property and all of Subtenant’s alterations required to be removed pursuant to Paragraph 11Sections 5D and 5E (but not the Initial Tenant Improvements), and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant Subtenant fails to remove any such Alterations alterations and/or TenantSubtenant’s Personal Propertypersonal property, and such failure continues after the termination of this LeaseSublease, Landlord or Sublandlord may retain or dispose of such property and all rights of Tenant Subtenant with respect to it shall cease, or Landlord Sublandlord may place all or any portion of such property in public storage for TenantSubtenant’s account. Tenant Subtenant shall be liable to Landlord Sublandlord for costs of removal of any such Alterations alterations and TenantSubtenant’s Personal Property personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by LandlordSublandlord. If the Premises are not so surrendered at the termination of this LeaseSublease, Tenant Subtenant shall indemnify Landlord and its Agents Sublandlord against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant Subtenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Sublease Agreement (ShoreTel Inc)
Surrender. Upon On the expiration or earlier termination last day of the Termterm demised or on the sooner termination thereof, Tenant shall peaceably surrender the Premises to Landlord leased premises in good order, condition and repair, normal broom-clean, reasonable wear and tear and fire casualty loss only excepted. On or other casualty exceptedbefore the last day of the term or the sooner termination thereof, with all interior walls repaired Tenant shall, at its expense, remove its trade fixtures, personal property and repainted if damaged, all carpets shampooed equipment and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides signs from the leased premises and any property not removed shall be deemed abandoned. Any damage caused by Tenant in the removal of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and such items shall be repaired by and at Tenant's expense. All alterations, additions, improvements and fixtures (other than Tenant's trade fixtures and equipment) which shall have been made or installed by either Landlord or Tenant upon the leased premises and all flooring shall remain upon and be surrendered with the leased premises as a reputable part thereof, without disturbance, molestation or injury, and licensed service firm (if Tenant is without charge, at any time, pursuant to the terms expiration or termination of this Lease; provided, required to maintain the HVAC system serving the Premises)however, that Tenant may remove and all floors cleanedrelocate any heating, all to the reasonable satisfaction of Landlord. ventilating, air conditioning, air handling and other mechanical equipment (whether or not such equipment constitutes a "fixture" under applicable law) that was installed by Tenant at Tenant's expense, provided that Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage roof penetrations or other damages (other than normal wear and perform any restoration work caused by tear) that directly result from such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall leased premises be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the end of the term or the sooner termination of this Leasethereof, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the Premisesleased premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Normal wear and tear, Tenant shall promptly surrender all keys for the purposes leased premises to Landlord at the place then fixed for payment of this Lease, rent and shall be construed to mean wear inform Landlord of combinations of any locks and tear caused to safes on the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesleased premises.
Appears in 1 contract
Sources: Lease (Atmi Inc)
Surrender. Upon On the expiration last day of the Term, including any option term, or earlier upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, and improvements other than business and trade fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises or in the Common Area, shall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Tenant shall surrender remove all of its equipment and personal property, the Temporary Addition and any other improvements to the Premises approved by the Design Review Board for temporary installation only, and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the The delivery to Landlord in good condition at the place then fixed for the payment of rent of the keys or door access system cards and repair, normal wear software to the Leased Premises shall constitute surrender of the premises by Tenant. Acceptance of the keys or door access system cards and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides software by Landlord shall constitute acceptance by Landlord of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement such surrender. Such acceptance by Landlord shall not constitute a waiver of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant rights to the recover damages under terms of this Lease, required . This method of surrender shall not be exclusive and shall be in addition to maintain the HVAC system serving the Premises), and all floors cleaned, all other methods of surrender. Anything in this section to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises contrary notwithstanding, at any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have a lien upon all of the option property of terminating all existing subleases Tenant then located in or accepting upon the Leased Premises to secure the payment of any sublease(samounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) as days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in a direct lease or leasesreasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant to Landlord.
Appears in 1 contract
Surrender. Upon the Expiration Date or termination of this Sublease, Subtenant shall quit and surrender to Sublandlord the Subleased Premises, in the condition required by the terms of the Prime Lease, including, without limitation, performance of all removal and restoration obligations regardless of which entity or person installed or performed the alterations (except for any Alterations or improvements installed at the Subleased Premises prior to the Commencement Date), additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, or furniture, reasonable wear and tear, damage caused by casualty, repairs required as a result of condemnation, and repairs that are the responsibility of Prime Landlord or Sublandlord excepted; for clarity, Subtenant’s surrender obligations shall not include any obligation to remove or restore any Alteration or improvement which existed as of the Effective Date. Without limiting the foregoing, Subtenant shall remove from the Subleased Premises all of its personal property, furniture, furnishings, and equipment, and shall repair all damage resulting from such removal or its use of the Subleased Premises. If Subtenant fails to remove any of Subtenant’s personal property or perform any required repairs or restoration prior to the expiration or earlier termination of the Termthis Sublease, Tenant then Sublandlord, at Subtenant’s sole cost and expense, may remove, store, sell and/or dispose of Subtenant’s personal property and perform such required repairs and restoration work. Subtenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of reimburse Sublandlord for any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all costs and expenses incurred by Sublandlord (whether directly or as a pass-through) to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required cause such property to be removed pursuant to Paragraph 11and repairs and restorations made, together with any and all Tenantdamages which Sublandlord actually suffers and sustains by reason of Subtenant’s Personal Propertyfailure to perform its obligations set forth in this Section, plus [***] administration fee. Subtenant’s obligations to perform and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after observe this covenant shall survive the expiration or earlier termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesSublease.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall repair any damage to and restore the Termcondition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant's Property and shall repair all damage to the Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant's Property. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such removal in writing. Notwithstanding anything to the contrary in this Lease, if Tenant installs any HVAC equipment at Tenant’s sole cost and expense (without reimbursement by Landlord pursuant to the HVAC Allowance or otherwise, “Tenant HVAC Equipment”), then Tenant shall have the option by providing thirty (30) days’ prior written notice to Landlord thereof, to remove such Tenant HVAC Equipment on or prior to the expiration or earlier termination of the Lease, so long as sufficient HVAC equipment remains in the Premises (after the removal of such Tenant HVAC Equipment) for a normal and customary tenant to operate the Premises as a normal and customary office premises consistent with similar premises in the county in which the Premises is located, as reasonably determined by Landlord. Tenant shall surrender the Premises Premises, together with all keys and security codes, to Landlord broom clean and in as good a condition as when received and repairgenerally in the condition described on Exhibit H attached hereto, normal ordinary wear and tear and damage by fire or other casualty excepted. Conditions existing because of Tenant's failure to perform maintenance, with all interior walls repaired repairs or replacements shall not be deemed “reasonable wear and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removaltear”. If Tenant fails to remove any such Alterations and/or of Tenant’s Personal Property, and such failure continues or to restore the Premises to the required condition, within 2 days after the termination of this LeaseLease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may retain such property and deem all rights or any part of Tenant with respect Tenant’s Property to it be abandoned and, at Landlord’s option, title to Tenant’s Property shall cease, vest in Landlord or Landlord may place all or any portion dispose of such property in public storage for Tenant’s accountProperty in any manner Landlord deems appropriate. Tenant shall be liable to Landlord for costs For avoidance of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasedoubt, Tenant shall indemnify Landlord remove the modular systems installed in the labs and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesclean rooms.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Miromatrix Medical Inc.)
Surrender. Upon LESSEE shall at the expiration or earlier termination of the Term, Tenant shall surrender this Lease remove all of LESSEE's good and effects from the Premises (including, without hereby limiting the generality of the foregoing, all lettering, affixed or painted by the LESSEE, either inside or outside the Property). LESSEE shall deliver to Landlord in good condition and repair, normal LESSOR the Premises (subject to reasonable wear and tear and damage by other casualty) and all keys, locks thereto, and other fixtures and equipment connected therewith to the extent installed by LESSOR and all alterations, additions and improvements made to or upon the Premises, including, but not limited to, any offices, partitions, plumbing and plumbing fixtures, air conditioning equipment and duct and plumbing fixtures, air conditioning equipment and duct work of any type, exhaust or heaters, burglar alarms, telephone wiring, air or gas distribution piping, compressors, to the extent that the foregoing are attached to the walls or floors and all electrical work, including but not limited to, lighting fixtures of any type, wiring conduits, distribution panels, bus ducts, raceways, outlets and disconnects. Lessee shall not be obligated to restore the Premises to its pre-occupancy status. LESSEE shall deliver the Premises in a clean and neat order and in the same conditions as they were at the commencement of the term, or as they were put in during the term hereof, reasonable wear and tear and damage by fire or other casualty only excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, . LESSEE shall have the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails right to remove any such Alterations and/or Tenant’s Personal Propertytrade fixtures, equipment or personal property owned by LESSEE and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property located in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender LESSEE's failure to remove any of this Leasethe foregoing from the Premises, Landlord LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any such property at LESSEE's expense, or to retain the same under LESSOR's control or to sell at public or private sale without notice, any or all the property not so recovered and to apply the net proceeds from such sale to the payment of any sum due hereunder, or to destroy such property which shall be conclusively deemed to have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesbeen abandoned.
Appears in 1 contract
Sources: Lease Agreement (Ydi Wireless Inc)
Surrender. Upon Section 24.01. On the expiration last day or earlier sooner termination of the TermLease, Tenant shall quit and surrender the Demised Premises to Landlord broom-clean, in good condition and repair, normal wear together with all alterations, additions and tear improvements which may have been made in, on, or to the Demised Premises, except movable furniture or unattached movable trade fixtures put in at the sole expense of the Tenant (provided Tenant has not been in default under this Lease) provided, however, that Tenant shall ascertain from Landlord at least thirty (30) days before the end of the Term whether Landlord desires to have the Demised Premises, or any part thereof, restored to the condition in which it was originally delivered to Tenant, and fire if Landlord shall so desire, then Tenant, at its own cost and expense, shall restore the same before the end of the Term. Landlord shall, in response to Tenant’s request, or other casualty exceptedotherwise, advise Tenant as to the repairs and restoration to be undertaken by Tenant prior to the expiration of the Lease Term. Tenant shall, at least six (6) months before the end of the Term, advise the New Jersey Department of Environmental Protection and Energy of the termination of Tenant’s use of the premises, and file, with all interior walls repaired said Department, such information, affidavits, forms, remedial action work plan and repainted if damaged, all carpets shampooed such other information as said Department may require and cleaned, all broken, marred undertake such action or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides work as required by the Department of windows washedEnvironmental Protection and Energy pertaining to Tenant’s use and occupancy of the premises as it relates to remedial action or a remedial action work plan for the removal of hazardous substances and wastes that remain on the premises demised by reason thereof. Tenant agrees upon termination of the lease, the air-conditioning, cooling systems, heating equipment and plumbing and electrical systems shall be in good, operable condition. All light fixtures and lighting bulbs shall be operable, cleaned and in good order working order, rugs cleaned, and repairthe warehouse floor washed and sealed. Tenant shall obtain from Landlord Landlord’s approval as to the sealer used by Tenant. The condition of the building and premises shall be in such a condition upon surrender as though the premises were used exclusively for warehousing and offices, including replacement and the Tenant made all repairs and replacements as were necessary during the term of any burned out or broken light bulbs or ballaststhe Lease so that after surrender, the HVAC equipment serviced building and repaired by a reputable premises are in good condition and licensed service firm (if ready to be re-rented. Tenant is at any time, pursuant to and Landlord understand that during the terms term of this Lease, required the building and its equipment may be subject to maintain the HVAC system serving the Premises), reasonable wear and all floors cleaned, all to the reasonable satisfaction of Landlordtear. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this LeaseHowever, Landlord may retain such property and all rights of Tenant with respect to it specifically agree that wear and tear shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. not excuse Tenant shall be liable to Landlord for costs of removal of any such Alterations from undertaking its repair and Tenant’s Personal Property and storage and transportation costs of samemaintenance obligations, and the cost provisions as herein provided, by way of repairing example, that the various systems shall be in good operating condition, are intended to be the standard by which the building and restoring the Premises, together with interest at the Interest Rate from the date of expenditure its systems shall be returned to Landlord by LandlordTenant. If the Demised Premises are is not so surrendered at the termination of this Leaseas and when aforesaid, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from the delay by Tenant in so surrendering the Premisespremises including, without limitation, any claims made by any succeeding occupant founded on such delay. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Leasesection shall survive the expiration or sooner termination of the Term. It is not intendedIn the event Tenant, nor shall it be construed, prior to include items of neglected or deferred maintenance which would have or should have been attended to during the Term termination of the Lease, pursuant fails to comply with the Rules and Regulations of the Department of Environmental Protection of the State of New Jersey or other applicable Federal agencies having jurisdiction over the storage or use of hazardous substances then, Tenant’s express obligations hereunder, if at the best standards had been applied option of the Landlord, shall be deemed to properly maintain and keep be occupying the Demised Premises as a tenant from month-to-month, at all times in good condition and repairthe monthly rental indicated below. In the event Tenant remains in possession of surrender the Demised Premises after the expiration of this the term and without execution of a new Lease, Landlord shall have or, Tenant fails to restore the premises, or fails to comply with its other obligations which must be complied with prior to the termination date of the Lease, then Tenant, at the option of terminating all existing subleases or accepting any sublease(s) the Landlord, shall be deemed to be occupying the Demised Premises as a direct tenant from month-to-month, at the monthly rental equal to the higher of 150% of market rent plus one-twelfth (1/12th) of all items of Additional Rent such as, but not limited to, taxes, insurance payable or paid during the last lease year or, four (4) times the sum of (i) the Basic Rent payable for the last month of the Term under Article 3 hereof and, (ii) one twelfth (l/12th) of all items of Additional Rent, such as, but not limited to, taxes, insurance payable or leasespaid during the last lease year. Tenant shall on a date no later than six (6) months prior to the termination date of this Lease obtain from the New Jersey Department of Environmental Protection and Energy (“DEPE”) a non-applicability letter and/or a de minimis quantity exception and/or a negative declaration approval and/or a written determination by DEPE that there are no discharged hazardous materials at the site that occurred during the Lease Term and, if any had occurred, have been remedied in accordance with applicable regulations, such determination presently referred to as a No Further Action letter (“NFA”). If Tenant obtains a non-applicability exemption or otherwise is not required to undertake sampling then Tenant shall, at Landlord’s option, hire a consultant satisfactory to Landlord to undertake sampling in a manner consistent with applicable environmental law sufficient to determine whether or not Tenant’s operations have resulted in any spill or discharge of hazardous substances or waste at the premises. Should the sampling reveal any spills or discharges of a hazardous substance or waste which occurred during the Lease Term, then Tenant shall, at Tenant’s expense, promptly clean up the premises to the satisfaction of the applicable governmental agencies which have jurisdiction of the matter and to the reasonable satisfaction of the Landlord. If Tenant shall fail to comply with the preceding sentence of this subparagraph prior to termination of the Lease, then Tenant’s obligations to pay rent and additional rent shall continue until the earlier of either Landlord rerenting the Premises and a new tenant takes occupancy and commences to pay rent, or such date as Tenant shall comply with the foregoing, such rent to be computed as though the Tenant was occupying the demised premises as a Tenant from month to month as otherwise set forth in the preceding paragraph.
Appears in 1 contract
Sources: Lease Agreement (Inter Parfums Inc)
Surrender. Upon On the expiration last day of the Term of this Lease, including any option term, or earlier upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions and improvements (other than Tenant’s business and trade fixtures) which may be made or installed by either Landlord or Tenant upon the Leased Premises. Common Areas shall remain the property of Landlord and shall remain upon and be surrendered, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. On or before the last day of the Term, Tenant shall surrender the Premises to Landlord in good condition remove all equipment and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove personal property from the Leased Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and shall repair any damage and perform any restoration work caused occasioned by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such Any personal property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. not removed by Tenant shall be liable to Landlord for costs deemed abandoned and shall become the property of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of sameLandlord; provided, and that the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of terminating removal thereof with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all existing subleases or accepting any sublease(s) as a direct lease or leasesother methods of surrender.
Appears in 1 contract
Sources: Lease Agreement (Cellular Dynamics International, Inc.)
Surrender. Upon the expiration termination of this Sublease, whether by forfeiture, lapse of time or earlier otherwise, or upon the termination of the TermTenant's right to possession of the Premises, Tenant shall will at once surrender and deliver up the Premises Premises, together with all improvements thereon, to Landlord in good condition and repair, normal reasonable wear and tear and fire or other casualty excepted; conditions existing because of Tenant's failure to perform maintenance, with repairs or replacements as required of Tenant under this Lease shall not be deemed "reasonable wear and tear". Tenant shall surrender to Landlord all interior walls repaired keys to the Premises and repainted if damaged, make known to Landlord the explanation of all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if combination locks which Tenant is permitted to leave on the Premises. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant provided, however, that Landlord shall have the right to require Tenant to remove any Alterations or portion thereof. Said right shall be exercisable by Landlord giving written notice thereof to Tenant at the time Landlord approves such Alteration. Tenant shall also remove any timeAlterations which Prime Landlord may require Landlord to remove, pursuant to the terms of this the Prime Lease. In any such event, required Tenant shall restore the Premises to maintain the HVAC system serving the Premises), and all floors cleaned, all their condition prior to the reasonable satisfaction making of Landlordsuch Alteration, repairing any damage occasion by such removal or restoration. If Landlord or Prime Landlord requires removal of any Alteration or a portion thereof and Tenant shall does not make such removal in accordance with this Section at the time of such termination or within twenty (20) days after such request, whichever is later, Landlord may remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, same (and repair any damage occasion thereby), and perform dispose thereof, or at its election, deliver the same to any restoration work caused by other place of business of Tenant, or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand. If As between Landlord and Tenant, Tenant fails shall not be required to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after performed by Landlord prior to the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect Commencement Date or to it shall cease, or Landlord may place all or any portion restore the Premises to their condition prior to the making of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesAlterations.
Appears in 1 contract
Sources: Sublease (Taylor Capital Group Inc)
Surrender. Upon 23.01. On the expiration last day of the term of this Lease, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the TermDemised Premises, Tenant shall quit and surrender the Demised Premises to Landlord in good condition order, condition, and repair, normal except for ordinary wear and tear and fire such damage or destructions as Landlord is required to repair or restore under this Lease, and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease. Landlord reserves the right to require Tenant to remove all items installed by, for or on behalf of Tenant. At or before the Expiration Date of the Lease, along with any other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired restoration required by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this LeaseLease or any Tenant Change, required Tenant agrees to maintain perform the HVAC system serving the Premises), and all floors cleaned, all following restoration to the reasonable satisfaction of Landlord. Demised Premises: Tenant shall remove from the Demised Premises all equipment comprising Tenant's Voice, Data and Security Systems, including associated outlets, wires, wiring trays and other equipment, materials and facilities, whether located in the ceiling, floor and/or walls which in any Alterations required to be removed pursuant to Paragraph 11way relates, pertains to, constitutes or is connected with Tenant's Voice, Data and/or Security Systems and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by regardless of whether Landlord or Tenant installed and/or paid for the installation of such removalsystems. If Tenant fails to remove perform any such Alterations and/or Tenant’s Personal Property, and such failure continues after restoration required of it under this Lease on or before the termination last day of the term of this LeaseLease or upon any earlier termination, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination deemed a hold-over Tenant under Article 40 of this Lease, Lease until such time as Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leaseshas completed such restoration.
Appears in 1 contract
Surrender. Upon the termination of this Lease, by expiration or earlier termination of the Termotherwise, Tenant shall peaceably surrender the Premises to Landlord in good condition and repair, normal wear repair consistent with Tenant’s duty to make repairs as provided herein. All Alterations and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant decorations made to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Premises by Tenant shall remove from remain and be the Premises any Alterations required to be removed pursuant to Paragraph 11property of Landlord unless Landlord shall require Tenant, and all at Tenant’s Personal Propertyexpense, to remove any or all thereof and repair any the damage and perform any restoration work caused by such removal. If Tenant fails Landlord is provided with accurate plans and specifications, Landlord shall indicate, prior to remove commencement of construction or installation of any Alteration or decoration, whether such Alterations and/or Tenant’s Personal Propertyor decorations will remain with the Premises at the end of the Term of the Lease. All furniture, equipment and unattached movable personal property owned by Tenant shall be removed from the Premises by Tenant no later than the termination date, and such failure continues after the termination of this Lease, Landlord may retain such property Tenant shall repair any and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of damage caused by such property in public storage for Tenant’s accountremoval. Tenant shall be liable to Landlord for costs of removal of also remove all cabling, wiring and ancillary equipment installed by Tenant in the Premises and repair any damage caused by such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordremoval. If the Premises are not so surrendered at upon the termination of this LeaseLease as set forth herein, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the PremisesPremises including, without limitation, any claim made by any succeeding tenant founded on such delay. Normal wear and tear, for the purposes of this Lease, Tenant shall be construed to mean wear and tear caused also surrender all keys to the PremisesPremises and shall inform Landlord of combinations for any locks, due to the expected safes and permitted use of vaults, if any, in the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (Systemax Inc)
Surrender. At the termination of the Lease Term, Tenant shall peaceably surrender the Premises clean and in good order, repair and condition, and in conformance, in all material respects, with all Legal Requirements and Tenant’s repair obligations, reasonable wear and tear and damage by fire or casualty or taking and Landlord’s repair obligations excepted and to deliver to Landlord all keys to the Premises or any part thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Lease Term, at which time title shall pass to Landlord under this Lease as if by a ▇▇▇▇ of sale, unless Landlord elects otherwise and notifies Tenant to remove any such tenant improvements at any time prior to the expiration of the Lease Term as set forth below. If Landlord elects for Tenant to remove any or all of such tenant improvements, Landlord shall notify Tenant in writing no later than thirty (30) days prior to the expiration of the Lease Term as to which tenant improvements are to be removed prior to the expiration or termination of the Lease. If Landlord fails to so notify Tenant, Tenant shall have no obligation to remove such tenant improvements and restore the Premises as a result of such removal. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment (“Personal Property”) shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of this Lease. Upon demand by Landlord and in accordance with the terms set forth above, Tenant shall remove, at Tenant’s sole cost and expense, forthwith and with all due diligence (but in any event prior to the expiration or earlier termination of the Lease Term), any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall surrender the Premises to Landlord in good condition forthwith and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired due diligence, at its sole cost and repainted if damagedexpense, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work to the Premises or the Building Complex caused by such removal. If In the event Tenant fails so to remove any Personal Property or any such Alterations and/or Tenant’s Personal Propertyalterations, additions and improvements or fails to repair any such failure continues after damage to the termination of this LeasePremises or the Building Complex caused thereby, Landlord may retain such property do so and all rights of collect from Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing such removal and restoring the Premises, together repair in accordance with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesSection 7.8.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the Commencement Date, except for (i) normal wear and tear and tear, (ii) damage by fire or other casualty exceptedcasualty, (iii) effects of any condemnation, (iv) any Work (as defined in Section 5A) not required to be removed by Tenant, and (v) Hazardous Substances for which Tenant is not responsible under this Lease, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleanedvacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all Tenant's personal property and all of Tenant's Work required to be removed pursuant to Paragraph 11Section 5E, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused restore the Premises to the condition which existed prior to their installation (or as otherwise specified by Landlord in its approval of such removalWork). If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Property's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations alterations and Tenant’s Personal Property 's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (Clarify Inc)
Surrender. Upon the expiration of the Term or any earlier termination of the TermLease, Tenant shall, if Landlord so requests, remove all exposed computer, telephone and other wiring, cables and equipment and Tenant's property; and tenant shall surrender the Demised Premises to Landlord broom-clean and in good condition and repaircondition, normal ordinary wear and tear and fire or other casualty damage from causes beyond Tenant's reasonable control excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this LeaseTenant's failure to so remove such equipment or Tenant's property, Landlord shall have the option either to retain such property without obligation to Tenant or to dispose thereof at Tenant's expense, including a charge of terminating fifty cents per square foot of rentable area for removal of wiring and equipment. If Tenant retains possession of the Demised Premises or any part thereof after the expiration of the Term or earlier termination of the Lease, without Landlord's prior consent, Tenant (without prejudice to any of Landlord's other rights and remedies) shall pay to Landlord, on a daily basis, an amount equal to one and one-half (1-1/2) times the Net Rent stipulated in Section 1.04(a) hereof (or the Net Rent payable during the Extended Term, if any), for the time Tenant thus remains in possession, (i) all existing subleases or accepting any sublease(sreasonable costs and expenses relating to the Building incurred by Landlord for such period of Tenant's holdover, and (ii) all damages sustained by Landlord by reason of Tenant's retention of possession. Nothing contained in the Lease shall be construed as a direct lease consent by Landlord to the occupancy or leasespossession by Tenant of the Demised Premises beyond the expiration or prior termination of the Term, and Landlord, upon such expiration or prior termination of the Term shall be entitled to the benefit of all legal remedies now in force or hereafter enacted relating to the speedy repossession of the Demised Premises.
Appears in 1 contract
Sources: Lease Agreement (Medco Health Corp)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Lease Tenant shall remove all telephone and other cabling located above and below ceilings, in chases and in risers and installed in the Project by Tenant and remove from the Premises all Tenant's personal property and any Alterations required to be removed pursuant to Paragraph 11, Trade Fixtures and all Tenant’s Personal PropertyAlterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and such failure continues after Tenant shall pay Landlord on demand for all costs of removal and storage thereof. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant’s accountwhich event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such Alterations property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and Tenant’s Personal Property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant's obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Surrender. Upon the termination of this Lease, by expiration or earlier termination of the Termotherwise, Tenant shall peaceably surrender the Premises to Landlord in good condition and repairrepair consistent with Tenant’s duty to make repairs as provided herein, normal ordinary wear and tear and damage by insured, fire or and other casualty excepted, with all interior walls repaired . All Alterations and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant decorations made to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Premises by Tenant shall remove from remain and be the Premises any Alterations required to be removed pursuant to Paragraph 11property of Landlord unless Landlord shall require Tenant, and all at Tenant’s Personal Propertyexpense, to remove any or all thereof and repair any the damage and perform any restoration work caused by such removal. If Tenant fails Landlord is provided with accurate plans and specifications, Landlord shall indicate, prior to remove commencement of construction or installation of any Alteration or decoration, whether such Alterations and/or Tenant’s Personal Propertyor decorations will remain with the Premises at the end of the Lease Term or any extension thereof. Notwithstanding the foregoing, all furniture, inventory, manufacturing equipment, and such failure continues after trade fixtures, and unattached movable personal property owned by Tenant may (and upon Landlord’s request shall) be removed from the Premises by Tenant no later than the termination of this Lease, Landlord may retain such property date and Tenant shall repair any and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of damage caused by such property in public storage for Tenant’s accountremoval. Tenant shall be liable also have the right to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of sameremove all (i) air compressors, (ii) electrical substations, (iii) air handling equipment, (iv) exhaust systems, and the cost of repairing (v) steel storage shed and restoring the Premises, together with interest at the Interest Rate from the date of expenditure Tenant shall repair any and all damage caused by Landlordsuch removal. If the Premises are not so surrendered at upon the termination of this LeaseLease as set forth herein, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the PremisesPremises including, without limitation, any claim made by any succeeding tenant founded on such delay. Normal wear and tear, for the purposes of this Lease, Tenant shall be construed to mean wear and tear caused also surrender all keys to the PremisesPremises and shall inform Landlord of combinations in any locks, due to the expected safes and permitted use of vaults, if any, in the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Lease (Alliance Laundry Corp)
Surrender. Upon the expiration or earlier termination of the TermTenant will, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the upon termination of this Lease, Landlord may retain such property surrender the premises and all rights fixtures and equipment of Tenant with respect to it the Landlord therein in good, clean, and operating condition, ordinary wear and tear excepted. Utilities shall cease, or Landlord may place be disconnected and all or any portion final bills paid. Utilities and proof of such property in public storage for Tenant’s accountreceipts provided by ▇▇▇▇▇▇. Tenant shall be liable to Landlord for costs shall, at time of removal of any such Alterations vacating the premises:
a. Clean said premises and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate remove trash from the date of expenditure by Landlord. premises.
b. If the Premises are not so surrendered premises is rented with wall-to-wall carpet or rugs, then Tenant, at the termination of this Lease, will shampoo and clean said rug or carpet prior to vacating the premises.
c. Upon vacating the premises, ▇▇▇▇▇▇ shall deliver all keys thereto to the Landlord or Agent managing the premises within twenty-four (24) hours after vacating. Failure to comply will be cause to charge Tenant shall indemnify Landlord and its Agents against all loss for changing locks.
d. Tenant will be responsible for any damages to walls or liability, woodwork including attorneys’ fees and costs, but not limited to those resulting from delay the use of picture hooks, cup hooks, nails, or screws and said ▇▇▇▇▇▇ agrees to repair all holes and damage made in walls and woodwork, etc. at his expense. Tenant will return all floors cleaned and waxed and in the same condition as received. Tenant is responsible for any damage to the floors due to water stains.
e. If premises were delivered at beginning of tenancy with windows washed at expense of Landlord, premises shall be returned in same clean condition at end of tenancy.
f. Any property which is left on the premises at the end of tenancy shall be considered to be abandoned by Tenant in so surrendering the Premisesand shall, at Landlord's option, become Landlord’s property and Landlord may dispose of it without liability. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use Any of the Premisesabove items not completed by Tenant will be completed by Landlord, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it ▇▇▇▇▇▇ will be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasescharged accordingly.
Appears in 1 contract
Sources: Lease Agreement
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Lease Tenant shall remove from (i) all telephone and other cabling installed in the Premises any Alterations required to be removed pursuant to Paragraph 11Building by Tenant, and (ii) all Tenant’s Personal Propertypersonal property, (iii) any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6 (Tenant Improvements & Alterations) and (iv) any portions of the Tenant Improvements that Landlord has elected to require Tenant to remove during the plan approval process pursuant to Exhibit B, and Tenant shall repair any damage and perform any restoration work caused to the Premises or the Property by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written notice from Landlord (in public storage for Tenantwhich event title to all such property described in Landlord’s accountnotice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such Alterations and property. Upon expiration or termination of this Lease or of Tenant’s Personal possession, whichever is earliest, Tenant shall surrender all keys to the Premises (and any other part of the Property for which Tenant has keys) and storage shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at the Interest Rate from the date . The delivery of expenditure by Landlord. If keys to the Premises are to Landlord or any agent or employee of Landlord shall not so surrendered at constitute a surrender of the Premises or effect a termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss whether or liability, including attorneys’ fees and costs, resulting from delay not the keys are retained by Tenant in so surrendering the PremisesLandlord. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor Section shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender termination of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 1 contract
Sources: Sublease (LendingClub Corp)
Surrender. Upon the expiration or earlier termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that on or before the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal; provided, however, upon expiration or termination of this Lease Tenant shall not be obligated to remove any Hazardous Material from the Property unless Handled by Tenant at the Property. If such removal is not completed on or before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall surrender pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, for the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove period from the Premises any Alterations end of the Term through the end of the time reasonably required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by for such removal. If Tenant fails Landlord shall also have the right to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant’s accountwhich event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordproperty. If the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant's possession, whichever is earliest, Tenant shall indemnify surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s 's obligations under this Lease. It is not intended, nor Section shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender termination of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesLease .
Appears in 1 contract
Sources: Sublease (Clarent Corp/Ca)