Common use of Yield Up Clause in Contracts

Yield Up. Subject to Section 3.2.1 hereof, at the expiration of the Term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations and improvements made by Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provided.

Appears in 3 contracts

Samples: Non Disturbance and Attornment Agreement (Genzyme Corp), Lease (BioMed Realty Trust Inc), Environmental Agreement (Genzyme Corp)

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Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to any incidental repairs and replacements particular alterations it reserves the right to require Tenant to remove such alterations from the Premises and for use and occupancy during the period after upon the expiration or earlier termination of the Term Lease, and prior Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting remove such alteration from Tenant's failure and delay in surrendering the Premises as above providedupon the expiration or earlier termination of the Lease.

Appears in 3 contracts

Samples: Lease (AxoGen, Inc.), AxoGen, Inc., AxoGen, Inc.

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: , to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations installations, improvements and improvements alterations made by Tenant in the Premises as Landlord may request have requested at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) installments, improvements and alterations were installed and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to removeremove at the time of installation), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. In no event shall Tenant have any responsibility for any repairs or maintenance made necessary, reasonable in whole or in part, by the negligence or willful misconduct of Landlord, fire, casualty, eminent domain, or ordinary wear and tear, damage or by fire alterations, improvements, restoration, repairs, replacements, or other insured casualty or eminent domain, and damage directly caused by failure renovations that are the responsibility of Landlord to perform any or are not expressly required of its obligations only exceptedTenant herein. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy of the Premises during the period after the expiration of the Term and prior to Tenant's its performance of its obligations under this subsection 6.1.9 at the rate set forth in Section 5.1.1011.8. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and delay in surrendering the Premises as above provided.

Appears in 2 contracts

Samples: Lease (Akouos, Inc.), Lease (Akouos, Inc.)

Yield Up. Subject At the termination of the Lease Term, peaceably to Section 3.2.1 hereofyield up the Premises clean and in good order, repair and condition, and in conformance with all Legal Requirements, reasonable wear and tear and damage by fire or casualty or taking 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 xxxx of sale, unless Landlord elects otherwise and notifies Tenant at any time prior to the expiration of the Lease Term to remove any such tenant improvements upon Lease expiration. Notwithstanding the foregoing, if Tenant requests in writing prior to doing such alteration, addition or improvement, then Landlord will state in writing whether such alteration, addition or improvement must stay or be removed at the end of the Term. Landlord hereby agrees that, Tenant shall not be required to remove Tenant’s Work as described above in Section 2.4 at the end of the Term. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, free standing and other moveable walls, data lines, inventory and business equipment shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations and improvements made by Tenant as Landlord may request at . At the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) yield up, Tenant and all Tenant's signs wherever located; to repair all damage caused by such removal; and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant cooperate to remove), broom-clean and in the same good order and repair in communicate with one another concerning which items Tenant is obliged removing, so that Landlord may verify that they are the items that Tenant is permitted to keep and maintain remove per the Premises by the provisions terms of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provided7.8.

Appears in 2 contracts

Samples: Lease (Raindance Technologies Inc), Lease (Raindance Technologies Inc)

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , or upon any earlier reentry or retaking of possession of the Premises by Landlord and/or termination of Tenant’s right of possession and/or occupancy of the Premises, as applicable, surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling wherever located), alterations, signs, and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) wherever located and all of Tenant's signs wherever located’s signs; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. If Landlord so requests, reasonable wear Tenant, at its sole cost and tearexpense, damage by fire shall properly cap or other insured casualty or eminent domainseal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and damage directly caused by failure surrender such wiring and cabling in a good and safe condition on or before the earlier of Landlord to perform any (i) the expiration or earlier termination of its obligations only exceptedthe term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and or delay in surrendering the Premises as above provided.

Appears in 2 contracts

Samples: Lease (RMR Group Inc.), Lease (Reit Management & Research Inc.)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the time of Landlord's approval of such installation (but excluding any Tenant's Work performed right to prepare the Premises for Tenant's initial occupancyrequest removal thereof, is less likely to so request) and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable normal wear and teartear and casualty excepted. Tenant, damage by fire at the time of making any installation, alteration, or other insured casualty improvement, may request in writing Landlord’s written permission to leave the same in the Premises at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or eminent domainimprovement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, and damage directly caused by failure alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to perform request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of its obligations only exceptedLandlord’s Work. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and delay in surrendering the Premises as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due as of the day prior to the date of expiration or earlier termination of this Lease, and shall otherwise be on the terms and conditions of this Lease as applicable, except that in no event shall any extension option, right of first offer or right of first refusal, or similar right or option be deemed applicable to such tenancy at sufferance.

Appears in 2 contracts

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

Yield Up. Subject to Section 3.2.1 hereofTenant agrees, at the expiration of the Term or earlier termination of this Lease: to surrender all keys to the Premises; , to remove all of its Tenant’s personal property and trade fixtures and personal property in from the Premises; to remove such installations and improvements made by Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; , and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove)Premises, broom-clean and broom clean, in the same good order and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable use and wear and tear, tear and damage by fire or other insured casualty or eminent domaincondemnation excepted. Tenant shall have the right to remove its trade fixtures from the Premises at any time. Tenant shall remove the four existing antenna installations on the Building located at 000 Xxxxxxxxx Xxxx, and all connecting electrical conduits, controls and other equipment related to said antenna installations, from the Premises at the expiration of the Term or earlier termination of this Lease. Tenant shall repair any damage directly to the Premises caused by failure removal of Landlord any of Tenant’s trade fixtures or personal property or Alterations. Tenant shall terminate, without cost, expense or liability to Landlord, any and all contracts and agreements entered into by or on behalf of Tenant (including, without limitation, any employment or collective bargaining agreements and any management contracts) with respect to the management, maintenance or repair of the Premises or that otherwise would be binding upon the Premises or Landlord. In no event shall Tenant be required to surrender the Premises in any better condition than they were in on the Commencement Date. If Tenant fails to perform its removal obligations hereunder, without limiting any other right or remedy, Landlord may, on five (5) Business Days prior written notice to Tenant perform such obligations at Tenant’s expense, and Tenant shall promptly reimburse Landlord upon demand for all out-of-pocket costs and expenses incurred by Landlord in connection with such work. Tenant’s obligations under this Section shall survive the termination of its obligations only exceptedthis Lease. Subject Any items of Tenant’s personal property or trade fixtures which remain in the Premises after the expiration date of the Term may, on five (5) Business Days prior written notice to Section 3.2.1 hereofTenant, any property not so removed shall at the option of Landlord, be deemed abandoned and in such case may either be removed and disposed of retained by Landlord as its property or be disposed of, without accountability, at Tenant’s expense in such manner as Landlord may see fit. The foregoing terms of this Section 4.8 shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after survive the expiration or earlier termination of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above providedLease.

Appears in 2 contracts

Samples: Lease (Mercury Computer Systems Inc), Lease (Mercury Computer Systems Inc)

Yield Up. Subject to Section 3.2.1 hereof, at Upon the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord reserves the right either to require Tenant to remove any Alterations (excepting Tenant’s initial improvements or Tenant’s Work) (as defined in Section 3.5.1) installed in the Building by Tenant (collectively, “Tenant’s Installations”), or to require Tenant to leave Tenant’s Installations on the Premises or Property, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such removal shall be done in a good and workmanlike manner; and, upon such removal, Tenant shall restore the Premises to its condition prior to the installation of such Tenant Installations. If Tenant does not remove such Tenant Installations and repair and restore the Premises as required hereby within ten (10) days after request to do so by Landlord, Landlord may remove, store and/or dispose of the same and restore the Premises, and deduct the cost of such removal, storage, disposal and/or restoration from the Security Deposit, with any such costs in excess thereof to be paid by the Tenant to Landlord upon demand. Prior to the expiration or earlier termination of this Lease: the Term or Tenant’s right to surrender possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all keys wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the Premises; expiration or earlier termination of the Term or Tenant’s right to remove all possession of its trade fixtures and personal property in the Premises; , Tenant shall be conclusively presumed to remove such installations have conveyed the same to Landlord free and improvements made by Tenant as Landlord may request at the time clear of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused liens and security interests without further payment or credit by such removal; and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any property not so removed Tenant; or at Landlord’s sole option such items shall be deemed abandoned and abandoned, in which event Landlord may cause such items to be removed and disposed of by at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenant, and Landlord in such manner as Landlord shall determine and shall, prior to returning the Security Deposit to Tenant shall pay Landlord pursuant to Section 2.6 hereof, deduct the entire cost and expense incurred by Landlord in effecting of such removal and disposition and disposal from the Security Deposit, with any costs thereof in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration excess of the Term and prior Security Deposit to Tenant's performance of its obligations under this Section 5.1.10. be paid by Tenant shall further indemnify to Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above providedupon demand.

Appears in 2 contracts

Samples: Center Lease (Mulesoft, Inc), Center Lease (Mulesoft, Inc)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: , Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all Tenant Work, and all replacements thereof, except such additions, alterations and other Tenant Work as Landlord may direct to surrender be removed, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; to , remove all of its trade fixtures and personal property in not bolted or otherwise attached to the Premises; Premises (and such trade fixtures and other property bolted or attached to remove such installations and improvements made by Tenant the Premises as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) direct), and all Tenant's ’s signs wherever located; , in each case repairing damage to repair the Premises and Property which results in the course of such removal and restoring the Premises and Property to a fully functional and tenantable condition (including the filling of all damage caused by such removal; floor holes, the removal of all disconnected wiring back to junction boxes and to the replacement of all damaged ceiling tiles). Tenant shall yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order order, repair and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Leasecondition, reasonable wear and tear, tear and damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord taking (to perform any of its obligations only the extent provided in Article VI only) excepted. Subject to Section 3.2.1 hereof, any Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine determine, and Tenant shall pay to Landlord the entire reasonable cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises Premises. Notwithstanding the foregoing, Tenant shall not be required to remove Landlord’s Work and for use and occupancy during Tenant shall not be required to remove any Tenant’s Work which has been approved by Landlord unless, at the period after time of such approval, Tenant requests the expiration ability to allow such work to remain at the end of the Lease Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay concurs in surrendering the Premises as above providedwriting.

Appears in 2 contracts

Samples: Work Letter Agreement (Olink Holding AB (Publ)), Work Letter Agreement (Olink Holding AB (Publ))

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of the term of this Lease: to Lease Tenant shall (a) surrender all keys to the Premises; to (b) remove all of its trade fixtures and personal property in the Premises; to (c) remove such installations made by it as Landlord may request and any such installations or improvements made by Tenant as Landlord may request at its expense during the time term of Landlord's approval of such installation (but excluding any Tenant's Work performed this Lease which Tenant shall desire to prepare the Premises for Tenant's initial occupancy) remove and all Tenant's signs wherever located; to (d) repair all damage caused by such removal; removal and to (e) yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Tenant shall remove or as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense reasonably incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.106.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and or delay in surrendering the Premises as above provided.

Appears in 2 contracts

Samples: Signal Pharmaceuticals Inc, Signal Pharmaceuticals Inc

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: to surrender all keys to the Premises; , to remove all of its trade fixtures and personal property in the Premises (exclusive of installations and improvements to the Premises; ), to remove such installations and improvements made by Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; , to repair all damage caused by such removal; removal (including capping or otherwise securing electrical and plumbing lines) and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), remove at the time Landlord approves the installation or improvement) broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and teartear , damage by fire or other insured and casualty or by eminent domain, and damage directly caused domain or by failure of Landlord to perform any of its explicit repair and maintenance obligations under the Lease only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations computer and improvements made by Tenant telecommunications wiring and cabling as Landlord may request, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed removal thereof, is less likely to prepare the Premises for Tenant's initial occupancy) so request, and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Tenant, reasonable wear at the time of making any installation in connection with Tenant’s “laboratory” use, may request in writing Landlord’s written permission to leave such installation in the Premises at the expiration or earlier termination of this Lease. Landlord shall, within ten (10) days after receipt of Tenant’s request, notify Tenant in writing as to whether such installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. With regard to any installations, alterations or additions made in connection with Tenant’s “laboratory” use of the Premises that Landlord has so designated for removal, Tenant shall remove such items and tearrestore the applicable portion of the Premises to a shell condition. If Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, damage by fire Landlord shall thereafter not be permitted to request or other insured casualty require that such installation be removed, disassembled or eminent domainotherwise modified at the expiration or earlier termination of the Lease, and damage directly caused by failure of Landlord to perform any of its obligations only exceptedor otherwise. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and delay in surrendering the Premises as above provided, it being agreed that notwithstanding the foregoing, that Tenant shall not be liable for any consequential damages in the event that Tenant occupies the Premises for fewer than thirty (30) days beyond the expiration or earlier termination of this Lease. Except as specifically provided for in this Section 6.1.9, Tenant shall not be liable for any consequential damages under or for any breach of any provision of this Lease. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Green Mountain Coffee Roasters Inc

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of -------- this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing any changes or alterations (other than wall and floor covering replacement) made by Tenant to the Premises after the Commencement Date; to remove such installations and improvements made by Tenant it as Landlord may request at (Landlord hereby agreeing that Tenant shall not be required to remove the time of Landlord's approval of TIW) (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such installation (but excluding any Tenant's Work performed wiring and cabling in a useable condition, Tenant shall not be obligated to prepare so remove the Premises for Tenant's initial occupancysame) and all Tenant's signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Tenant, reasonable wear and tearat the time of making any installation, damage by fire may request in writing Landlord's permission to leave such installation in the Premises at the expiration or other insured casualty or eminent domainearlier termination of this Lease. If Landlord grants permission, and damage directly caused by failure then, notwithstanding the foregoing provisions of this subsection 6.1.9, Landlord to perform any may not later request removal of its obligations only exceptedsuch installation at the end of the term. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord's property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10reasonably resulting from such removal. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from TenantXxxxxx's failure and delay in surrendering the Premises as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Software Com Inc

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: to , Tenant shall surrender all keys to the Premises; to , remove all of its furnishings, fixtures, equipment, materials, supplies, inventory, effects and other personal property from the Premises, (including, without limitation, all of Tenant’s trade furnishings, trade fixtures and personal property in the Premises; to remove such installations equipment), leave any Alterations and improvements Improvements made by Tenant as Landlord may request at the time Tenant, remove all of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's its signs wherever located; to , repair all damage caused by any such removal; removal and to yield up the Premises (including all installations Alterations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and Improvements) in the same good order good, proper, clean, sanitary, safe, sound, working and tenantable order, condition and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure . Any of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Tenant’s property not so removed shall be deemed abandoned and may be retained by Landlord or may be removed and disposed of by Landlord in such manner as Landlord shall determine and determine. Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during Premises. Without limiting the period after generality of the foregoing, Tenant shall have the right upon the expiration or termination of the Term and prior this Lease to Tenant's performance remove all of its obligations under trade fixtures, furnishings and equipment from the Premises, provided that it complies with all requirements of this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay 10.1 in surrendering the Premises as above provideddoing so.

Appears in 1 contract

Samples: Lease (PharmaFrontiers Corp.)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises, including the furniture systems and equipment leased to Tenant as part of the Initial Premises, unless this Lease is terminated earlier and Landlord elects that such furniture is to remain in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the time of Landlord's approval of such installation (but excluding any Tenant's Work performed right to prepare the Premises for Tenant's initial occupancyrequest removal thereof, is less likely to so request) and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, subject to reasonable wear and tear, tear and damage by fire casualty and taking. Tenant, at the time of making any installation, may request in writing Landlord’s written permission to leave such installation in the Premises at the expiration or other insured casualty earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation may or eminent domainmay not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, and damage directly caused by failure Landlord shall thereafter not be permitted to request or require that such installation be removed at the expiration or earlier termination of Landlord to perform any of its obligations only exceptedthe Lease. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, ,cost and damage resulting from Tenant's ’s failure and delay in surrendering the Premises as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Office Lease (Exa Corp)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the time of Landlord's approval of such installation (but excluding any Tenant's Work performed right to prepare the Premises for Tenant's initial occupancyrequest removal thereof, is less likely to so request) and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage loss by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject Notwithstanding the foregoing, to Section 3.2.1 hereofthe extent there are any alterations or other modifications made by Tenant that are not typical of office space, any light manufacturing and/or research and development space, Landlord reserves the right at the end of the term to require Tenant to remove such alterations or modifications and restore the affected areas to an open office configuration. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and delay in surrendering the Premises as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Lemaitre Vascular Inc

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs request, wherever located; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. If Landlord so requests, reasonable wear Tenant, at its sole cost and tearexpense, damage by fire shall properly cap or other insured casualty or eminent domainseal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and damage directly caused surrender such wiring and cabling in a good and safe condition on or before the earlier of: (i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Notwithstanding the preceding provisions of this Section 6.1.9, except for cabling, which Tenant shall remove if Landlord does not require the same to be capped and surrendered as hereinabove provided, Tenant shall not be required to remove alterations made by failure it in the Premises if (i) Tenant’s request for Landlord’s consent to make such alterations, contains a statement advising Landlord that Landlord shall be deemed to have waived its right to require removal of such alterations at the end of the term unless Landlord, at the time Landlord to perform any gives it consent, notifies Tenant that removal at the end of its obligations only exceptedthe term is required, and (ii) Landlord does not notify Tenant that removal shall be required. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and or delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Amylyx Pharmaceuticals, Inc.

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: , Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all Tenant Alterations and all replacements thereof, except such additions, alterations and other Tenant Alterations as Landlord and Tenant have agreed prior to surrender the installation of such Tenant Alterations that Tenant shall remove, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; to , remove all of its trade fixtures and personal property in not permanently attached to the Premises; Premises (and such trade fixtures and other property permanently attached to remove such installations and improvements made by Tenant the Premises as Landlord may request at and Tenant have agreed prior to the time of Landlord's approval installation of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) Tenant Alterations that Tenant shall remove), and all Tenant's signs wherever located; , in each case repairing damage to repair all damage caused by the Premises which results in the course of such removal; . Xxxxxxxx agrees that the initial Tenant Improvements to the extent permanently affixed to the Premises and to the extent approved by Landlord as required in Section 3.2.1, shall be left in the Premises at the expiration of the Term. Tenant shall have the right, at the time it requests approval for Tenant Alterations (other than the initial Tenant Alterations), to ask Landlord's permission to leave such Tenant Alterations in place at the end of the Term (which permission shall not be unreasonably withheld) and if Landlord gives such permission, Tenant shall not be required to remove such Tenant Alterations at the end of the Term. Tenant shall yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order order, repair and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Leasecondition, reasonable wear and tear, tear and damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord taking (to perform any of its obligations only the extent provided in Article VI only) excepted. Subject to Section 3.2.1 hereof, any Any personal property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine determine, and Tenant shall pay to Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above providedPremises.

Appears in 1 contract

Samples: Lease (Interneuron Pharmaceuticals Inc)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: to surrender all keys to the Premises; , to remove all of its trade fixtures furnishings, fixtures, equipment and other personal property now or hereafter located in the Premises; , purchased or leased by Tenant with its own funds, which are not affixed to the Building or Land or which Landlord has agreed in writing that Tenant may remove at the expiration of the Term, to remove such installations and improvements made by Tenant Xxxxxx as Landlord may request (provided that Landlord may only make such request for items that are not included in the initial Tenant's Work or that are not typical and customary for first class office buildings in the greater Boston area and all such requests shall be made at the time of Landlord's Landlord approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancyinstallation) and all Tenant's signs wherever located; , to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant Tenant, except for trade fixtures fixtures, and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be retained by Landlord or may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period Premises. For each day after the expiration of the Term Term, or the earlier termination of this Lease, and prior to Tenant's performance of its obligations obligation to yield up the Premises under this Section 5.1.10, Tenant shall pay to Landlord as rent an amount equal to 150% of the Fixed Rent computed on a daily basis, together with all Additional Rent payable with respect to each such day. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from TenantXxxxxx's failure and delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Millipore Corp /Ma

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier -------- termination of this Lease: to surrender all keys to the Premises; , to remove all of its trade fixtures furnishings, fixtures, equipment and other personal property (including Tenant's racking systems) now or hereafter located in the Premises; , purchased or leased by Tenant with its own funds, which are not affixed to the Building or Land or which Landlord has agreed in writing that Tenant may remove at the expiration of the Term (Landlord expressly agreeing that Tenant's racking system is to be so removed), to remove such installations and improvements made by Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; , to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant Tenant, except for trade fixtures fixtures, and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be retained by Landlord or may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provided.and

Appears in 1 contract

Samples: Specialty Catalog Corp

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of this Lease: to the term of this, surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.10Subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and or delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Dexcom Inc

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of the Term of this Lease: to , Tenant shall (i) surrender all keys to the Premises; to , (ii) remove all of its trade fixtures and personal property property, furniture, furniture systems, phone systems, and all telephone and data wiring and cabling in the Premises; to , (iii) remove such installations installations, alterations and improvements made by Tenant as Landlord may request require at the time of Landlord's approval of such Landlord consented to the making or installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to thereof, repair all damage caused by such removal; removal and to yield up (y) the Premises (including all installations installations, alterations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as which Landlord shall request not require Tenant to remove), remove as aforesaid) broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of under this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, (z) the Yield Up Equipment in the same good order and damage directly caused by failure of Landlord repair in which Tenant is obliged to perform any of its obligations only exceptedkeep and maintain the Premises and Yield Up Equipment under this Lease. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine determine, and Tenant shall pay Landlord as Additional Rent under this Lease the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's ’s performance of its obligations under this Section 5.1.10. Tenant 9.8 (which obligations shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering survive expiration or earlier termination of the Premises as above providedTerm of this Lease.

Appears in 1 contract

Samples: Lease (GTC Biotherapeutics Inc)

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the Term of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Notwithstanding the foregoing, reasonable wear Tenant shall have no obligation to remove the initial improvements constructed by Tenant as part of the Tenant’s Work at the expiration or earlier termination of the Term of this Lease or otherwise restore the Premises to the condition existing prior to the installation of such initial improvements, unless Landlord indicates at the time Landlord reviews and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject approves Tenant’s Plans pursuant to Section 3.2.1 hereof, any 3.2.2 above that Landlord will require Tenant to remove a particular improvement(s) at the expiration or earlier termination of the Term of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provided.as

Appears in 1 contract

Samples: Archer Aviation Inc.

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the time of Landlord's approval of such installation (but excluding any Tenant's Work performed right to prepare the Premises for Tenant's initial occupancyrequest removal thereof, is less likely to so request) and all Tenant's signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, and damage by fire casualty and condemnation excepted. Tenant, at the time of making any installation, may request in writing Landlord's written permission to leave such installation in the Premises at the expiration or other insured casualty or eminent domainearlier termination of this Lease, and damage directly caused by failure if Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, then Landlord shall thereafter not be permitted to perform any request or require that such installation be removed at the expiration or earlier termination of its obligations only exceptedthe Lease. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord's property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises Xxxxxxes as above provided. Landlord hereby confirms that the Landlord's Work (defined in Article 3) shall not be required to be removed by Tenant at the end of the term. Once Tenant submits plans for Tenant's Work to Landlord for Landlord's approvxx, Xxndlord will identify those portions of Tenant's Work which Tenant will be permitted to leave in the Premises at the end of the term, which identified portions of Tenant's Work will be itemized in an exhibit entitled "Initial Tenant's Work" prepared by Landlord and attached to this Lease as Exhibit H. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Acme Packet Inc

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs request, wherever located; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable damage by casualty and ordinary wear and tear, damage tear excepted. If Landlord so requests by fire notice to Tenant not later than ninety (90) days prior to the expiration or other insured casualty or eminent domainany earlier termination of the term of this Lease, and damage directly caused in the absence of such notification by failure such date such right shall be void (time being of Landlord to perform any the essence), Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the earlier of its obligations only excepted(i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above providedsubsection 6.1.9.

Appears in 1 contract

Samples: Leap Therapeutics, Inc.

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed as Landlord may reasonably require as a condition of approval) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs request, wherever located; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and teartear excepted. If Landlord so requests, damage by fire Tenant, at its sole cost and expense, shall properly cap or other insured casualty or eminent domainseal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and damage directly caused by failure surrender such wiring and cabling in a good and safe condition on or before the earlier of Landlord to perform any (i) the expiration or earlier termination of its obligations only exceptedthe term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use Tenant shall be deemed to be holding over in the Premises until it shall have complied with its obligation to remove its property and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under make any incidental repairs or replacements as required by this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from form Tenant's ’s failure and or delay in surrendering the Premises as above provided. Nothing herein shall obligate Tenant to remove any of Landlord’s Work or any future alterations or improvements made by Landlord.

Appears in 1 contract

Samples: Clear Skies Solar, Inc

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the time of Landlord's approval of such installation (but excluding any Tenant's Work performed right to prepare the Premises for Tenant's initial occupancyrequest removal thereof, is less likely to so request) and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage loss by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and delay in surrendering the Premises as above provided. Tenant shall not be required to remove any of Landlord’s Work, but Tenant may, at its option and with at least thirty (30) days prior notice to Landlord, remove any of the fixtures, property or equipment that are a part of the TIW provided that, following such removal, Tenant repairs all damage caused by removal and the portion of the Premises from which such item was removed is left in a fully functional condition. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Lemaitre Vascular Inc

Yield Up. Subject to Section 3.2.1 hereof, at Before the expiration end of the Term or earlier termination of this Lease: to surrender all keys to (if reasonably required by the Premises; to Landlord) the Tenant will remove all of its trade fixtures and personal property internal, non-structural partitioning in buildings on the Premises; to remove such installations and improvements made by Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) Property and all Tenant's ’s fixtures, fittings, machinery and signs wherever located; to repair and all property of the Tenant at the Property and will reinstate any works which accommodated them and the Tenant will make good all damage caused by such removal; works carried out in compliance with this clause 3.8. The Tenant will carry out all works under this clause 3.8 in a good and workmanlike manner using good quality materials to the reasonable satisfaction of the Landlord or the Surveyor. At the end of the Term the Tenant will: quietly yield up the Premises (including all installations Property to the Landlord with vacant possession in a condition consistent with due performance and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises observance by the provisions Tenant of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any all of its obligations only exceptedcontained in this Lease; and deliver to the Landlord any Health and Safety files, operation and maintenance manuals, guarantees and test, inspection and servicing certificates and records in respect of the Property and any Plant and fixtures and fittings at the Property. Subject to Section 3.2.1 hereof, The Tenant will remove any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord the Tenant remaining in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to Property at the Premises and for use and occupancy during the period after the expiration end of the Term within ten Working Days after being requested to do so by the Landlord. If the Tenant fails to comply with such request, the Landlord may as agent of the Tenant, sell or otherwise dispose of such property. The Landlord will hold the proceeds of such sale, after deducting the costs and prior expenses of removal, storage and sale reasonably and properly incurred by it, to Tenant's performance the order of its obligations the Tenant for a period of three months. At the end of such period, if the Tenant has not given written notice to the Landlord directing payment out of such sale proceeds, they will belong to the Landlord absolutely. The Tenant will indemnify the Landlord against any liability incurred by it to any third party whose property has been sold by the Landlord in the bona fide mistaken belief (which is to be presumed unless the contrary be proved) that it belonged to the Tenant and was liable to be dealt with under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above providedclause 3.8.

Appears in 1 contract

Samples: www.whatdotheyknow.com

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; and to deliver to Landlord architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at the time of Landlord's approval of (including computer and telecommunications wiring and cabling, unless such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) wiring and cabling is left in a useable condition, and all Tenant's signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, tear and damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject Tenant, at the time of making any installation, may request in writing Landlord's written permission to Section 3.2.1 hereofleave such installation in the Premises at the expiration or earlier termination of this Lease. Landlord shall, any within ten (10) days after receipt of Xxxxxx's request, notify Tenant in writing as to whether such installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that such installation be removed, disassembled or otherwise modified at the expiration or earlier termination of the Lease, or otherwise. Any property not so removed in accordance with the provisions of this subsection shall be deemed abandoned and may and, if Landlord so elects, deemed to be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to TenantLandlord's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provided.property,

Appears in 1 contract

Samples: Oak Technology Inc

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request (provided in the case of alterations made by Tenant which both require and receive Landlord’s prior consent, Tenant shall not be required to remove such alterations Landlord does not require or reserve the right to require to be removed at the time of Landlord's approval of Landlord consents to such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancyalterations) and all Tenant's ’s signs wherever located; to remove all laboratory equipment and special purpose equipment in the Premises as Landlord may request; repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same or similar good order and repair in which Tenant is obliged to keep and maintain the Premises by were delivered to Tenant at the provisions beginning of the term of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provideddisposition.

Appears in 1 contract

Samples: Lease (Cytek BioSciences, Inc.)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the time of Landlord's approval of right to request removal thereof, is less likely to so request, and in any event including the Compactor and Nitrogen Tank, including any associated equipment, as such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancyterms are defined in Section 6.2.4 below) and all Tenant's ’s signs wherever located, including the Facade Sign and Monument Sign Panel; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and delay in surrendering the Premises as above providedprovided if Tenant holds over past the expiration or earlier termination of the Term (the “Holdover Indemnity”). Notwithstanding the forgoing, in the event that Tenant, no earlier than forty-five and no later than thirty (30) days prior to the scheduled expiration of Term, provides Landlord with a written notice inquiring as to whether Landlord has leased, or is involved in negotiations to lease, the Premises or any part thereof to a third party, then Landlord shall provide Tenant with a written notice regarding the same (a “Holdover Notice”). In the event that Landlord indicates in the Holdover Notice that Landlord has a signed letter of intent or a lease for all or a portion of the Premises, or is engaged in negotiations with a potential tenant for all or a portion of the Premises as evidenced by a written proposal or ongoing lease negotiations, then the Holdover Indemnity shall commence immediately upon the first day following the expiration of the Term if Tenant holds over. In the event that Landlord indicates in the Holdover Notice that none of the circumstances in the immediately preceding sentence then exists, then the Holdover Indemnity shall commence on the date that is thirty (30) days after the expiration of the Term if Tenant holds over. The inclusion of the preceding sentences in this Lease should not be construed as Landlord’s consent for Tenant to hold over, and shall not apply in the event that the Lease is terminated prior to the scheduled expiration date of the Term. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over equal to one and one-half (1 ½) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due as of the day prior to the date of expiration or earlier termination of this Lease, and shall otherwise be on the terms and conditions of this Lease as applicable, except that in no event shall any extension option, right of first offer or right of first refusal, or similar right or option be deemed applicable to such tenancy at sufferance.

Appears in 1 contract

Samples: Office Lease (Trine Acquisition Corp.)

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations and improvements made (or if applicable, restore any items removed) by Tenant it as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease; provided, reasonable wear and tearhowever, damage that notwithstanding the foregoing, no telephone data lines shall be removed by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only exceptedTenant. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire reasonable cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and or delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Sonesta International Hotels Corp

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs request, wherever located; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable damage by casualty and ordinary wear and teartear excepted. If Landlord so requests, damage by fire Tenant, at its sole cost and expense, shall properly cap or other insured casualty or eminent domainseal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and damage directly caused by failure surrender such wiring and cabling in a good and safe condition on or before the earlier of Landlord to perform any (i) the expiration or earlier termination of its obligations only exceptedthe term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above providedsubsection 6.1.9.

Appears in 1 contract

Samples: Lease (Leap Therapeutics, Inc.)

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Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations installations, alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's ’s signs wherever locatedlocated (excepting signs installed by Landlord including, without limitation, Tenant’s lobby directory and suite signage, and provided further that Tenant shall cap and label all wiring and cabling but shall not be required to remove same); to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to any incidental repairs and replacements particular alterations Landlord reserves the right to require Tenant to remove such alterations from the Premises and for use and occupancy during the period after upon the expiration or earlier termination of the Term Lease, and prior Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting remove such alteration from Tenant's failure and delay in surrendering the Premises as above providedupon the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease (Cerecor Inc.)

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations and alterations, signs, additions or improvements (“Alterations”) made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever locatedrequest; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations and improvements made by Tenant Alterations except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, tear and damage by fire casualty excepted. If Landlord so requests, Tenant, at its sole cost and expense, shall properly cap or other insured casualty or eminent domainseal any wiring and cabling it shall have installed in the Premises, properly label such wiring and cabling for future use, and damage directly caused by failure surrender such wiring and cabling in a good and safe condition on or before the expiration or earlier termination of Landlord to perform any the term of its obligations only exceptedthis Lease. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall reasonably determine and Tenant shall pay Landlord the entire reasonable cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.10Subsection 6.1.8. Notwithstanding the preceding provisions of this Subsection 6.1.8 Tenant shall further indemnify not be required to remove any wiring or cabling nor shall Tenant be required to remove any other Alterations if (i) Tenant’s request for Landlord’s consent to make such Alterations contains a statement in capital letters advising Landlord against all lossthat Landlord shall have waived its right to require removal of such Alterations at the end of the term unless Landlord’s consent to such Alterations contains a notice that removal at the end of the term is required, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provided(ii) Landlord does not so notify Tenant that removal shall be required.

Appears in 1 contract

Samples: Lease (Five Star Quality Care Inc)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the time of Landlord's approval of such installation (but excluding any Tenant's Work performed right to prepare the Premises for Tenant's initial occupancyrequest removal thereof, is less likely to so request) and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises Premises, by the provisions of this Lease, reasonable wear and tear, damage loss by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's Xxxxxx’s failure and delay in surrendering the Premises as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Lemaitre Vascular Inc

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: , Tenant (and all persons claiming by, through or under it) shall, without necessity of any notice, surrender the Premises (including all Tenant Work and all replacements thereof, except such additions, alterations and other Tenant Work as Landlord may direct to surrender be removed, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; to , remove all of its trade fixtures and personal property in not bolted or otherwise attached to the Premises; Premises (and such trade fixtures and other property bolted or attached to remove such installations and improvements made by Tenant the Premises as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) direct), and all Tenant's Tenant signs wherever located; , in each case repairing damage to repair the Premises which results in the course of such removal and restoring the Premises to the same condition on the Lease Commencement Date or are put in compliance with the terms of this Lease thereafter (including the filling of all damage caused by such removal; floor holes, the removal of all disconnected wiring back to junction boxes and to the replacement of all damaged ceiling tiles). Tenant shall yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order order, repair and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Leasecondition, reasonable wear and tear, tear and damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord taking (to perform any of its obligations only the extent provided in Article VI only) excepted. Subject to Section 3.2.1 hereof, any Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine determine, and Tenant shall pay to Landlord the entire reasonable cost and expense incurred by Landlord it in effecting such removal and disposition and in making any reasonable incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above providedPremises.

Appears in 1 contract

Samples: Special Maintenance and Operation (Circe Biomedical Inc)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: to , Tenant shall surrender all keys to the Premises; to , remove all of its furnishings, fixtures, equipment, materials, supplies, inventory, effects and other personal property from the Premises (including, without limitation, all of Tenant's trade furnishings, trade fixtures and personal property in the Premises; equipment and any Alterations and Improvements designated by Landlord for removal pursuant to Section 5.7), remove such installations and improvements made by Tenant as Landlord may request at the time all of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's its signs wherever located; to , repair all damage caused by any such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order good, proper, clean, sanitary, safe, sound, working and tenantable order, condition and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure . Any of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Tenant's property not so removed shall be deemed abandoned and may be retained by Landlord or may be removed and disposed of by Landlord in such manner as Landlord shall determine and determine. Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to disposition. Without limiting the Premises and for use and occupancy during generality of the period after foregoing, Tenant shall have the right upon the expiration or termination of the Term and prior this Lease to Tenant's performance remove all of its obligations under trade fixtures, furnishings and equipment from the Premises, provided that it complies with all requirements of this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay 10.1 in surrendering the Premises as above provideddoing so.

Appears in 1 contract

Samples: Lease (Dynamics Research Corp)

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations and improvements made (or if applicable, restore any items removed) by Tenant it as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; removal (excluding minor nail or screw holes) and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only tear excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire reasonable cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and or delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Perficient Inc

Yield Up. Subject to Section 3.2.1 hereof, at Upon the expiration or earlier termination of the Term or earlier termination Tenant’s right to possession of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations and improvements made by , Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare shall return the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair condition existing on the Lease Commencement Date (and with respect to any space added to the Premises, the condition of such space on the date of delivery of such space to Tenant), ordinary wear, only, excepted, subject, however, to the following provisions. Furthermore, Landlord shall not require Tenant to remove any Alterations (as defined in Section 3.5.1) installed in the Building by Tenant (collectively, “Tenant’s Installations”), unless such Tenant’s Alterations are special purpose installations such as interior staircases between floors, safes, high density filing systems, kitchens (not including accessory coffee stations), and the like, which are not customary in similar buildings, and Landlord specifies the items which are to be removed during its approval of the plans for such items. Further, Landlord will not specify removal of cabling, conduits, wiring, supplemental HVAC and the like. If Tenant is obliged desires to keep remove any such Tenant Installations or other items which Landlord may not require to be removed, Tenant may only remove such items upon receipt of Landlord’s approval thereof. If Landlord requires Tenant to remove Tenant’s Installations (or if Tenant has received approval to remove such items), then such removal shall be done in a good and maintain workmanlike manner; and, upon such removal, Tenant shall restore the Premises to its condition prior to the installation of such Tenant Installations (including, without limitation, repairing any damage caused by the provisions removal of this LeaseTenant’s Installations). Prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, reasonable wear Tenant shall also remove its furniture, equipment, trade fixtures and tearother items of personal property from the Premises. If Tenant does not remove such items prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, damage Tenant shall be conclusively presumed to have conveyed the same to Landlord free and clear of any and all liens and security interests without further payment or credit by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any property not so removed Tenant; or at Landlord’s sole option such items shall be deemed abandoned and abandoned, in which event Landlord may cause such items to be removed and disposed of by at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenant, and Landlord in such manner as Landlord shall determine and shall, prior to returning the Security Deposit to Tenant shall pay Landlord pursuant to Section 2.6 hereof, deduct the entire cost and expense incurred by Landlord in effecting of such removal and disposition and disposal from the Security Deposit, with any costs thereof in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration excess of the Term and prior Security Deposit to Tenant's performance of its obligations under this Section 5.1.10. be paid by Tenant shall further indemnify to Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above providedupon demand.

Appears in 1 contract

Samples: Lease (Acme Packet Inc)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term of this Lease, or earlier termination of this Lease: to surrender all keys to the Premises; , to remove all of its trade fixtures and personal property in the Premises; , to remove such installations and improvements made by Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; , to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), ) broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Lease Agreement (Bertuccis of White Marsh Inc)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: to , Tenant shall surrender all keys to the Premises; to , remove all of its trade fixtures and personal property in the Premises; to property, remove such installations and improvements made by Tenant it as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; signs, and to yield up the Premises (including all Tenant's installations and improvements made by Tenant to the Building during the Term and also including such of Tenant's fixtures as are identified on Exhibit 5 hereto, except for those which Landlord requested Tenant to remove and except for Tenant's other fixtures, including without limitation trade fixtures and such of said installations or improvements as Landlord equipment not affixed in any manner to the Premises, which at all times are Tenant's property and shall request Tenant to remove), broom-be removed) broom clean and in the same good order order, repair and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of same under this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Tenant's property not so removed shall be deemed abandoned and within thirty (30) days may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10determine. Tenant shall further indemnify indemnifies Landlord against all loss, cost and damage damage, including without limitation attorneys' fees and costs resulting from Tenant's failure and delay in surrendering the Premises. If Tenant's failure to surrender the Premises as above providedrequired hereunder renders the Premises unavailable for use by another tenant (for example, where Tenant or another person claiming under Tenant remains in occupancy or Tenant or such other person has caused, permitted or suffered the contamination of, the Premises or areas adjacent thereto with a Hazardous Substance), Tenant shall be deemed in holdover status while such state of facts continues to exist and shall be liable under Section l3 in addition to all other liability under the Lease, including this Section.

Appears in 1 contract

Samples: Epix Medical Inc

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: , to surrender all keys to the Premises; , to remove all of its trade fixtures and personal property purchased or leased by Xxxxxx and located in the Premises; , which are not affixed to the building or land or which Landlord has agreed in writing that Tenant may remove at the expiration of the Term, to remove such installations and improvements made by Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; , and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements those as to which Landlord shall request Tenant to remove), remove and except for movable trade fixtures) broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear . Tenant will repair any and tear, all damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform or resulting from any of its obligations only exceptedremovals. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting enforcing such removal and disposition and in making any incidental necessary repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above providedPremises.

Appears in 1 contract

Samples: Photoelectron Corp

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of the Term of this Lease: to , surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs request, wherever located; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable normal wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only exceptedtear excepted . Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.10Subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and or delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Performance Technologies Inc \De\

Yield Up. Subject to Section 3.2.1 hereofTenant shall, at the expiration of the Term or earlier termination of this Lease: to the term of this, surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring and cabling installed by Tenant, wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; and to vacate and yield up the Premises (including all installations installations, alterations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to Tenant's the performance by Tenant of its obligations under this Section 5.1.10Subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and or delay in surrendering the Premises as above provided. Notwithstanding the preceding provisions of this Section 6.1.9, except for cabling installed by Tenant, which Tenant shall remove if Landlord does not require the same to be sealed and surrendered as hereinabove provided, Tenant shall not be required to remove alterations made by it in the Premises if (i) Tenant’s request for Landlord’s consent to make such alterations, contains a statement in capital letters in not less than 14 point type advising Landlord that Landlord shall be deemed to have waived its right to require removal of such alterations at the end of the term unless Landlord, at the time Landlord gives it consent, notifies Tenant that removal at the end of the term is required, and (ii) Landlord does not so notify Tenant.

Appears in 1 contract

Samples: Lease (Dexcom Inc)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: ; to surrender all keys to the Premises; to remove all of its trade fixtures and fixtures, personal property and signs in or on the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the time of Landlord's approval of such installation (but excluding any Tenant's Work performed right to prepare the Premises for Tenant's initial occupancyrequest removal thereof, is less likely to so request) and all Tenant's signs wherever located; to repair all damage caused by such removal; removal and, if requested by Landlord, to restore the Premises, or any portion thereof, to open office or R&D configuration if Tenant had previously made alterations to such area other than those typical of office or R&D space, and to yield up the Premises (including all installations and improvements made not designated by Tenant Landlord for removal, except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, and damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only condemnation excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord's property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provided. Landlord hereby confirms that the Landlord's Work (as defined in Article 3) shall not be required to be removed by Tenant at the end of the term. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Acme Packet Inc

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which shall not be required if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the time of Landlord's approval of such installation (but excluding any Tenant's Work performed right to prepare the Premises for Tenant's initial occupancyrequest removal thereof, is less likely to so request) and all Tenant's signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord's property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from TenantXxxxxx's failure and delay in surrendering the Premises as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Ezenia Inc

Yield Up. Subject (a) Tenant shall yield up and surrender possession of the Premises to Section 3.2.1 hereof, Landlord at the expiration of the Term or earlier termination of this Lease: to surrender , free and clear of all keys to the Premises; to remove all of its trade fixtures tenants and personal property in the Premises; to remove such installations and improvements made by Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove)occupants, broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear . Tenant shall surrender all keys to the Premises. Tenant shall remove all Specialty Alterations and tear, damage Tenant’s Property from the Premises. Tenant shall remove all Tenant’s telecommunications equipment and wires and cables installed by fire or on behalf of Tenant. Tenant shall remove such other insured casualty or eminent domain, installations made by it as Landlord may request and damage directly caused by failure of Landlord to perform any of its obligations only exceptedall Tenant’s signs wherever located. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and determine. Tenant shall pay reimburse Landlord the entire cost for all costs and expense expenses incurred by Landlord in effecting such removal and disposition disposition, and in making any incidental repairs and replacements to the Premises after surrender thereof by Tenant. Without limiting the foregoing, upon request of Tenant, concurrent with the review of plans and for use specifications in connection with any Alterations, Landlord will notify Tenant as to which of the proposed installations and occupancy during the period after improvements constitute Specialty Alterations which Tenant will be required to remove at the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. provided that Tenant shall further indemnify Landlord against all lossinclude the following legend in capitalized and bold type displayed prominently on the top of the first page of Tenant’s notice delivered concurrently with such plans and specifications: “IF LANDLORD FAILS TO NOTIFY TENANT AT THE TIME LANDLORD APPROVES THESE PLANS AND SPECIFICATIONS THAT ANY ALTERATIONS SHOWN THEREON ARE SPECIALTY ALTERATIONS (AS DEFINED IN THE LEASE), cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above providedLANDLORD MAY NOT REQUIRE TENANT TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE END OF THE TERM OF THE LEASE.

Appears in 1 contract

Samples: Commencement Date Agreement (Kura Oncology, Inc.)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of this Lease: to , Tenant shall surrender all keys to the Premises; to , remove all of its trade fixtures and personal property in the Premises; to property, remove such installations and improvements made by Tenant it as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; signs, and to yield up the Premises (including all Tenant's installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as those which Landlord shall request requested Tenant to remove), broom-) broom clean and in the same good order order, repair and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of same under this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Tenant's property not so removed shall be deemed abandoned and within thirty (30) days may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10determine. Tenant shall further indemnify indemnifies Landlord against all loss, cost and damage damage, including without limitation reasonable attorneys' fees and costs resulting from Tenant's failure and delay in surrendering the Premises. If Tenant's failure to surrender the Premises as above providedrequired hereunder renders the Premises unavailable for use by another tenant (for example, where Tenant or another person claiming under Tenant remains in occupancy or Tenant or other such person has caused, permitted or suffered the contamination of, the Premises or areas adjacent thereto with a Hazardous Substance), Tenant shall be deemed in holdover status while such state of facts continues to exist and shall be liable under Section 13 in addition to all other liability under the Lease, including this Section.

Appears in 1 contract

Samples: Epix Medical Inc

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term or earlier termination of -------- this Lease: to surrender all keys to the Premises; , to remove all of its trade fixtures and personal property in the Premises; , to remove such installations and improvements made by Tenant it as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; , to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request agree that Tenant shall not be required to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, subject to reasonable wear and tear, tear and damage by fire or other insured fire, casualty or eminent domaintaking. It is agreed that the exception of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises and the use reasonably made thereof in less than good and tenantlike repair. Notwithstanding the foregoing, and damage directly caused by failure Tenant shall not be required to remove any installation for which Landlord shall have given its approval upon installation if at the time of such approval Landlord shall not have notified Tenant of the need to perform any remove the same upon termination of its obligations only exceptedthis Lease. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10Section. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and or delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Lease Agreement (Organogenesis Inc)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no change to the architectural floor plan of the Premises after the Commencement Date); to remove such installations and improvements made by Tenant as Landlord may request designate for removal at the time of that Landlord approves such installations (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord's approval of such installation (but excluding any Tenant's Work performed , although having the right to prepare the Premises for Tenant's initial occupancyrequest removal thereof, is less likely to so request) and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only tear excepted. Subject Tenant, at the time of making any installation, may request in writing Landlord’s written permission to Section 3.2.1 hereofleave such installation in the Premises at the expiration or earlier termination of this Lease. Landlord shall, any after receipt of Xxxxxx’s request, notify Tenant in writing as to whether such installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that such installation be removed at the expiration or earlier termination of the Lease. Any property not so removed pursuant to this provision shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's Xxxxxx’s failure and delay in surrendering the Premises as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes under this Lease as of the day prior to the date of expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Capstone Dental Pubco, Inc.)

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations and improvements made by Tenant it as Landlord may request at (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the time of Landlord's approval of such installation (but excluding any Tenant's Work performed right to prepare the Premises for Tenant's initial occupancyrequest removal thereof, is less likely to so request) and all Tenant's ’s signs wherever located; to repair all damage caused by such removal; removal and, with regard to any portion of the Premises which was in an open-office configuration as of the Commencement Date, to restore the Premises to an open-office configuration if requested by Landlord and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Tenant, reasonable wear and tearat the time of making any installation, damage by fire may request in writing Landlord’s written permission to leave such installation in the Premises at the expiration or other insured casualty earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation may or eminent domainmay not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, and damage directly caused by failure Landlord shall thereafter not be permitted to request or require that such installation be removed at the expiration or earlier termination of Landlord to perform any of its obligations only exceptedthe Lease. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term term and prior to Tenant's its performance of its obligations under this Section 5.1.10subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and delay in surrendering the Premises as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Infraredx Inc

Yield Up. Subject to Section 3.2.1 hereof, at At the expiration of the Term Lease Term, any extension thereof or earlier termination of this Lease: to surrender all keys , Tenant shall remove, subject to the Premises; to remove provisions of Section 5.4, all of its signs and trade fixtures and personal property in the Premises; to remove and all moveable interior partitions installed by Tenant and such other installations and improvements made by Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding or Tenant may elect, repair any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) and all Tenant's signs wherever located; to repair all damage caused by such removal; removal and surrender all keys to the Demised Premises and yield up the Demised Premises (including all except for such interior partitions installed by Tenant and such other installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant or Tenant shall elect to remove), ) broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Demised Premises by the provisions of this Lease, reasonable wear and tear, damage by fire or other insured casualty or eminent domain, and damage directly caused by failure of Landlord to perform any of its obligations only excepted. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10Demised Premises. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's ’s failure and delay in surrendering the Demised Premises as above provideddescribed.

Appears in 1 contract

Samples: Office Lease (BOSTON OMAHA Corp)

Yield Up. Subject In addition to Tenant’s obligations under Section 3.2.1 hereof6.2.10, Tenant shall, at the expiration of the Term or earlier termination of the term of this Lease: to , or upon any earlier reentry or retaking of possession of the Premises by Landlord and/or termination of Tenant’s right of possession and/or occupancy of the Premises, as applicable, surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations installations, alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request at the time of Landlord's approval of such installation (but excluding any Tenant's Work performed to prepare the Premises for Tenant's initial occupancy) request, wherever located and all Tenant's signs wherever located; to repair all damage caused by such removal; terminate any licenses or governmental approvals Tenant shall have obtained that relate to the conduct of its business at the Premises; and to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Notwithstanding the preceding provisions of this Section 6.1.7, reasonable wear Tenant shall properly cap or seal its wiring and tearcabling at each end, damage by fire or other insured casualty or eminent domainproperly label such wiring and cabling for future use, and damage directly caused surrender such wiring and cabling in a good and safe condition on or before the earlier of (i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling, but shall not be required to remove such wiring and cabling, and Tenant shall not be required to remove such wiring and cabling or any other alterations made by failure it in the Premises if Tenant’s request for Landlord’s consent to make such alterations shall include a request for determination by Landlord as to whether Landlord shall require removal of such alterations at the end of the term and Landlord, at the time Landlord gives it consent thereto, shall not condition its consent on removal. Further, Landlord shall not have the right to perform require removal of any of its obligations only exceptedTenant’s Work or any Tenant’s “work” as defined in Section 6.2.5 which is performed in compliance with this Lease except for (i) restoration to the condition existing as of the Date of this Lease of any area containing an internal stairwell (including restoration of flooring and removal of the stairs) and any area of the Building modified to accommodate a patio, and (ii) any alterations, installations or items that are not customary general office space improvements or which would have a demolition and/or removal (including repair or restoration of affected areas) cost that is materially in excess of the demolition and/or removal/restoration cost commonly associated with customary general office space improvements. Subject to Section 3.2.1 hereof, any Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the Premises as above provideddetermine.

Appears in 1 contract

Samples: Surgalign Holdings, Inc.

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