Common use of Condition upon Termination Clause in Contracts

Condition upon Termination. Subject to the remaining provisions hereof of this Section 6.8, at the expiration or earlier termination of this Lease, or if Tenant abandons the Premises in the manner described in Section 9.1(i) below, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, that Landlord, pursuant to Section 6.6 above, does not require Tenant to remove, and (z) all keys to the Premises. In addition, Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant to remove pursuant to the terms of Section 6.6 above, Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of the Initial Improvements, Alterations or other additions or installations in the Premises. Tenant shall repair any damage caused by such removal. Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article X only) excepted. 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, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition.

Appears in 1 contract

Samples: Lease (Bluestem Brands, Inc.)

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Condition upon Termination. Subject to the remaining provisions hereof of this Section 6.8, at Upon the expiration or earlier termination of this Lease, or if Tenant abandons shall surrender the Premises to Landlord broom clean and in the manner described in Section 9.1(i) belowsame condition as received, Tenant (except for normal wear and all persons claiming by, through or under it) shall, without the necessity of tear and any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, that Landlord, pursuant to Section 6.6 above, does not require Tenant to remove, and (z) all keys to the Premises. In addition, Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall a casualty that Tenant is not otherwise obligated to repair under any provision of this Lease. Tenant will not be repaired by Tenant at Tenant’s sole expenseobligated to repair any damage that Landlord is required to repair under Article VIII (Damage or Destruction). Except with respect to any Alterations that Landlord does Tenant will not require Tenant to remove pursuant to the terms of Section 6.6 above, Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, be required to remove any of the Initial Improvementsinitial Improvements installed by Landlord under Addendum E or any alterations, Alterations or other additions or installations improvements that were made with Landlord’s consent or that were otherwise permitted under the terms of this Lease unless Landlord shall notify Tenant in writing at the Premises. Tenant shall repair any damage caused by time such removal. Tenant shall yield up alterations, additions or improvements are made, that such alteration, addition, or improvement must be removed at the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to end of the extent provided in Article X only) exceptedTerm. Any property not so removed that Landlord requires to be removed, may be removed by Landlord and stored and/or retained or sold by Landlord and the cost of such removal, storage, and disposition as well as the cost of repairing any damaged caused by such removal, shall be paid by Tenant within thirty (30) days after of demand. In no event may Tenant remove any of the following items without Landlord’s prior written consent: (i) electrical or communications wiring or power panels; (ii) lighting or lighting fixtures; (iii) wall coverings, drapes, blinds or other window coverings; (iv) carpets or other floor coverings; (v) HVAC equipment; (vi) plumbing equipment; (vii) fencing or gates; or (viii) any fixtures, equipment or other items that, if removed, would affect the operation or the appearance of the Premises, regardless of whether the same were installed by or on behalf of Tenant or Landlord. However, Tenant may remove Tenant’s trade fixtures, equipment used in Tenant’s business, and personal property. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of the combinations to all locks, safes, and vaults in the Premises. The provisions of this Section will survive 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, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and dispositionthis Lease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Nutex Health, Inc.)

Condition upon Termination. Subject to the remaining provisions hereof of this Section 6.8, at the expiration or earlier termination of this Lease, or if Tenant abandons the Premises in the manner described in Section 9.1(i) below, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, that Landlord, pursuant to Section 6.6 above, does not require Tenant to remove, and (z) all keys to the Premises. In addition, Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant to remove pursuant to the terms of Section 6.6 above, Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of the Initial Improvements, Alterations or other additions or installations in the Premises. Tenant shall repair any damage caused by such removal. Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article X only) excepted. Any property not so removed within thirty (30) days after Upon the expiration or termination of the Lease Term, Tenant will surrender the Premises to Landlord broom clean and in the condition which Tenant is required to maintain the Premises under this Lease. Tenant will not be obligated to repair any damage which Landlord is required to repair under Article 10 (Casualty and Condemnation). Landlord may require Tenant, at its expense, to remove any alterations, additions or improvements prior to the expiration of the Lease and to restore the Premises to their prior condition. With respect to any alterations, additions or improvements which require Landlord's approval, Landlord will specify if Tenant will be required to remove the same at the time of such approval. Additionally, prior to the expiration or earlier termination of the Lease Term or Tenant’s right to possession of the Premises, Tenant shall remove its furniture, equipment, trade fixtures, other items of personal property, and any and all 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 installed and used exclusively by Tenant in the Building. If Tenant does not remove any such alterations, additions, improvements, or items as set forth herein, 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 Landlord to 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 Landlord in such manner as Landlord shall determineat Tenant’s expense, without notice to Tenant and without obligation to compensate Tenant, and Landlord shall, prior to returning the Security Deposit to Tenant shall pay pursuant to Landlord Section 14.4 hereof, deduct the reasonable cost and expense incurred by it in effecting of such removal and dispositiondisposal from the Security Deposit, with any costs thereof in excess of the Security Deposit to be paid by Tenant to Landlord upon demand.

Appears in 1 contract

Samples: Lease (Information Architects Corp)

Condition upon Termination. Subject Upon the termination of the Lease, Tenant shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction). In addition, Landlord may require Tenant to remove any alterations, additions or improvements (whether or not made with Landlord's consent), prior to the remaining provisions hereof expiration of this Section 6.8the Lease and to restore the Property to its prior condition, all at Tenant's expense; provided that Landlord must advise Tenant in writing at the time Landlord approves any such alterations if Landlord's approval is conditioned upon Tenant's removal of such alterations upon the expiration or earlier termination of this Lease, or if Tenant abandons the Premises in the manner described in Section 9.1(i) below; otherwise, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, will not be required to remove such alterations. With respect to alterations that Landlord, pursuant to Section 6.6 above, does do not require Landlord's approval, unless Tenant obtains Landlord's waiver of the removal and restoration requirement prior to removecommencing construction, and (z) all keys Landlord will have the right to the Premises. In addition, Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant to remove pursuant the alterations and restore as aforesaid. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of the Lease, except that Tenant may remove any of Tenant's machinery or equipment which can be removed without material damage to the terms of Section 6.6 aboveProperty. Tenant shall repair, Landlord by written notice to Tenant at least thirty (30) days prior Tenant's expense, any damage to the Expiration Date may require TenantProperty caused by the removal of any such machinery or equipment. In no event, at is sole cost and expensehowever, to shall Tenant remove any of the Initial Improvements, Alterations following materials or other additions or installations in the Premises. Tenant shall repair any damage caused by such removal. Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking equipment (to the extent provided in Article X only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease which shall be deemed abandoned Landlord's property) without Landlord's prior written consent; any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and dispositiondecorations.

Appears in 1 contract

Samples: Lease Agreement (Icon Health & Fitness Inc)

Condition upon Termination. Subject Not later than the last day of the Lease Term (or any renewals or extensions thereof), Tenant shall surrender the Premises to Landlord, broom clean (with all keys in Tenant’s possession or control) and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to repair under any provision of this Lease; provided, however, that Tenant shall not be required to rebuild any of the first floor office portion of the Premises if Tenant retrofits that portion of the Premises. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article 7 (Damage or Destruction). In addition, Landlord may require Tenant to remove any alterations, additions or improvements (whether or not made with Landlord’s consent unless Tenant obtained Landlord’s consent to surrender the Premises without such removal) prior to the remaining provisions hereof expiration of the Lease and to restore the Premises to its prior condition as of the date of execution of this Lease by both parties, all at Tenant’s expense, as provided in Section 6.86.05A, except ordinary wear and tear. All alterations, additions and improvements which Landlord did not require Tenant to remove (upon expiration or earlier termination of the Lease) at time of Landlord’s consent shall become Landlord’s property and shall be surrendered to Landlord upon the expiration or earlier termination of this the Lease, or if except that Tenant abandons the Premises in the manner described in Section 9.1(i) below, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, that Landlord, pursuant to Section 6.6 above, does not require Tenant to remove, and (z) all keys to the Premises. In addition, Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant to remove pursuant to the terms of Section 6.6 above, Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of the Initial ImprovementsTenant’s machinery, Alterations equipment or other additions or installations in fixtures which can be removed without material damage to the Premises. Tenant shall repair repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such removalmachinery, equipment or fixtures. In no event, however, shall Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article X only) excepted. Any property not so removed within thirty (30) days after the expiration or termination remove any of the Lease following (which shall be deemed abandoned Landlord’s property) without Landlord’s prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings: drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates, or other similar building operating equipment and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and dispositiondecorations.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Network Engines Inc)

Condition upon Termination. Subject to the remaining provisions hereof of this Section 6.8, at At the expiration or earlier termination of this Lease, or if Tenant abandons the Premises in the manner described in Section 9.1(i) below, Tenant (and all persons claiming by, through or under itTenant) shall, without the necessity of any notice, surrender the Premises, Premises (including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work Alterations and all replacements thereof, including work and replacements which constitute additions or except such Alterations constructed after the Commencement DateDate as Landlord may direct to be removed at the time of Landlord’s approval thereof, that Landlord, pursuant which shall be removed by Tenant and the Premises restored to Section 6.6 above, does not require Tenant to remove, their pre-existing condition) and (z) all keys to the Premises. In addition, Tenant shall remove all of its Tenant’s Property, all Required Removal Alterations, all of Tenant’s trade fixturesfixtures and personal property not bolted or otherwise attached to the Premises (and such trade fixtures and other property bolted or attached to the Premises as Landlord may direct, electronicor, phone and data cabling and related equipment located in or upon the Premisesexcept as set forth below, personal propertyas Tenant may desire), and all Tenant’s signs wherever located, along with and any additions or Alteration not expressly permitted to remain on the Premises by Landlordother furniture, all of which shall be removed by fixtures, and equipment Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant is required to remove upon termination or earlier termination of the Lease Term pursuant to the terms of Section 6.6 abovethis Lease, Landlord by written notice to Tenant at least thirty (30) days prior in each case repairing damage to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of the Initial Improvements, Alterations or other additions or installations Premises which results in the Premises. Tenant shall repair any damage caused by course of such removalremoval and restoring the Premises to a fully functional and tenantable condition (including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged or stained ceiling tiles). Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article X of this Lease only) excepted. 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, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it Landlord in effecting such removal and dispositiondisposition and in making any required repairs to the Premises. In no event, however, shall Tenant remove any of the following materials or equipment (which shall be deemed Landlord’s property), without Landlord’s prior written consent: (a) power wiring or wiring panels; (b) lighting or lighting fixtures; (c) doors, windows, or wall coverings; (d) drapes, blinds or other window coverings; (e) installed carpets or other installed floor coverings; (f) built-in or hard-wired heating or air conditioning equipment; (g) fencing or security gates; or (h) other, similar operating equipment of the Building.

Appears in 1 contract

Samples: Lease (Biolife Solutions Inc)

Condition upon Termination. Subject Upon the termination of the Lease, Tenant shall surrender the Property to Landlord, broom clean and in the remaining provisions hereof same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under this lease. In addition, Landlord may require Tenant to remove any alterations, additions or improvements which Tenant was required to obtain Landlord's consent as required by Paragraph 6.05(a), provided that such consent when given was conditioned (as stated in writing evidencing such consent) upon Tenant's removal of such alterations, additions or improvements upon termination of this Lease; provided that Tenant shall not be required to remove the wire guidance system installed as specified in Section 6.86.05 herein All alterations, at additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of this the Lease, except that Tenant may remove any of Tenant's machinery, racking or if equipment which can be removed without material damage to the Property. Tenant abandons shall repair, at Tenant's expense, any damage to the Premises Property caused by the removal of any such machinery, racking or equipment. Except for any materials or equipment provided or installed by Tenant (which shall not include the Additional Improvements as defined in the manner described Rider), in Section 9.1(i) below, no event shall Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, that Landlord, pursuant to Section 6.6 above, does not require Tenant to remove, and (z) all keys to the Premises. In addition, Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant to remove pursuant to the terms of Section 6.6 above, Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of the Initial Improvements, Alterations following materials or other additions or installations in the Premises. Tenant shall repair any damage caused by such removal. Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking equipment (to the extent provided in Article X only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease which shall be deemed abandoned Landlord's property) without Landlord's prior written consent; any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition.decorations. ARTICLE SEVEN: DAMAGE OR DESTRUCTION

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

Condition upon Termination. Subject Upon the termination of the Lease, Tenant shall surrender the Premises to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease and damage due to condemnation, casualty or fire. In addition, Landlord may require Tenant to remove any alterations, additions or improvements (other than those made with Landlord's consent) prior to the remaining provisions hereof expiration of this Section 6.8the Lease and to restore the Premises to its prior condition, all at Tenant's expense. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of this the Lease, or if except that Tenant abandons the Premises in the manner described in Section 9.1(i) below, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, that Landlord, pursuant to Section 6.6 above, does not require Tenant to remove, and (z) all keys to the Premises. In addition, Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant to remove pursuant to the terms of Section 6.6 above, Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of the Initial Improvements, Alterations Tenant's machinery or other additions or installations in equipment which can be removed without material damage to the Premises. Tenant shall repair repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such removalmachinery or equipment. If Tenant shall yield up fail or refuse to restore the Premises broom-clean as hereinabove provided, Landlord may do so and in good order, repair recover its cost for so doing. If Tenant shall fail or refuse to comply with Tenant's duty to remove all personal property and condition, reasonable wear and tear and damage by casualty and taking (to trade fixtures from the extent provided in Article X only) excepted. Any property not so removed within thirty (30) days after Premises upon the expiration or termination of this Lease, the parties hereto agree and stipulate that Landlord may, at its election: (I) treat such failure or refusal as an offer by Tenant to transfer title to such property to Landlord, in which event the title thereto shall thereupon pass under this Lease as a xxxx of sale; or (ii) treat such failure or refusal as conclusive evidence, on which Landlord shall be deemed entitled to rely absolutely, that Tenant has forever abandoned and may be removed and disposed such property. In either event, Landlord may, with or without accepting title thereto, keep or remove, store, destroy, discard, or otherwise dispose of by Landlord all or any part of such property in such any manner as that Landlord shall determine, and choose without incurring liability to Tenant or to any other person. In no event shall pay Landlord ever become or be charged with the duties of a Bailee of any property of Tenant. The failure of Tenant to remove any property from the Premises shall forever bar Tenant from bringing any action or asserting any liability against Landlord the reasonable cost and expense incurred by it in effecting such removal and dispositionwith respect to any property which Tenant fails to remove.

Appears in 1 contract

Samples: Lease Agreement

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Condition upon Termination. Subject Upon termination of the Lease, Xxxxxx shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction). In addition,it shall be in Landlord's sole discretion whether or not Tenant shall remove the Tenant Improvements, any alterations, additions or improvements (whether or not made with Xxxxxxxx's consent) prior to the remaining provisions hereof expiration of the Lease and to restore the Property to its prior condition, all at Tenant's expense. Notwithstanding the foregoing, Xxxxxx may request at the time it seeks Landlord's consent to an alteration, addition or improvement, that Landlord state in writing at the time it grants approval whether or not removal will be required at the expiration of this Section 6.8Lease. Such request shall specifically cite this Lease provision and Xxxxxxxx's obligation to make such statement. All alterations, at additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of this the Lease, or if except that Tenant abandons the Premises in the manner described in Section 9.1(i) below, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, that Landlord, pursuant to Section 6.6 above, does not require Tenant to remove, and (z) all keys to the Premises. In addition, Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant to remove pursuant to the terms of Section 6.6 above, Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of Tenant's machinery or equipment which can be removed without material damage to the Initial Improvements, Alterations or other additions or installations in the PremisesProperty. Tenant shall repair repair, at Tenant's expense, any damage to the Property caused by the removal of any such removalmachinery or equipment. Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article X only) excepted. 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, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and dispositionSEE RIDER SECTION 6.07.

Appears in 1 contract

Samples: Hot Topic Inc /Ca/

Condition upon Termination. Subject to the remaining provisions hereof of Article Seven and Article Eight, upon the termination of the Lease, Tenant shall surrender the Premises to Landlord, broom clean, all operating systems functioning properly, and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Section 6.8Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction). In addition, Landlord may require Tenant to remove any alterations, additions or improvements (whether or not made with Landlord's consent) prior to the expiration of the Lease and to restore the Premises to its prior condition, all at Tenant's expense, provided that Landlord has advised Tenant at the time it approves the requested improvements that it may require Tenant to remove the same upon termination of the Lease. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of this the Lease, except that Tenant may remove any of Tenant's machinery or if Tenant abandons the Premises in the manner described in Section 9.1(i) below, Tenant (and all persons claiming by, through or under it) shall, equipment which can be removed without the necessity of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, that Landlord, pursuant to Section 6.6 above, does not require Tenant to remove, and (z) all keys material damage to the Premises. In addition, no event shall Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment any improvements (or equipment) installed or located in the Premises which were constructed (or upon the Premisespurchased) by Tenant with funds provided by Landlord pursuant to Exhibit C, personal property, and all Tenant’s signs wherever located, along with but Tenant may remove any additions or Alteration not expressly permitted to remain on specialty equipment purchased and/or installed at the Premises by LandlordTenant from Tenant's funds. Tenant shall repair, all of which shall be removed by Tenant in a commercially reasonable manner and at Tenant's expense, any damage to the damage Premises caused by the removal of any such removal machinery or equipment. In no event, however, shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant to remove pursuant to the terms of Section 6.6 above, Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of the Initial Improvements, Alterations following materials or other additions or installations in the Premises. Tenant shall repair any damage caused by such removal. Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking equipment (to the extent provided in Article X only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease which shall be deemed abandoned Landlord's property) without Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and dispositiondecorations.

Appears in 1 contract

Samples: D & K Healthcare Resources Inc

Condition upon Termination. Subject Upon the termination of the Lease, Tenant shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction) or Section 4.05(d). In addition, Landlord may at its option require Tenant to remove or demolish any alterations, additions or improvements (whether or not made with Landlord's consent), including all interior, exterior and loading dock improvements, prior to the remaining provisions hereof expiration of the Lease Term and to restore the Property to a condition equal to Landlord's standard building specifications, all at Tenant's expense. Whether or not Landlord elects to require Tenant demolish or restore improvements, Tenant shall restore the loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution of this Section 6.8Lease. If requested by Tenant, Landlord will include within its consent to requested alterations, additions or improvements a list of those of the requested alterations, additions or improvements items to be removed or demolished by Tenant prior to the expiration of this Lease. In the event Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, and Tenant shall be subject to damages equal to twenty-five percent (25%) of the cost of such demolition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and as such do not constitute a penalty. Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal or demolition of any such alterations, additions or improvements. All alterations, additions and improvements, excepting Tenant's trade fixtures, personal property and removable equipment, which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of this the Lease, or if Tenant abandons the Premises in the manner described in Section 9.1(i) below, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, that Landlord, pursuant . Unless directed by Landlord to Section 6.6 above, does not require Tenant to remove, and (z) all keys to the Premises. In additiondo so, Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant to remove pursuant to the terms of Section 6.6 above, Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of the Initial Improvementsfollowing materials or equipment, Alterations or other additions or installations in the Premises. Tenant shall repair any damage caused by such removal. Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking if permanently (but not temporarily) attached to the extent provided in Article X only) excepted. Any property not so removed within thirty Property (30) days after the expiration or termination of the Lease which shall be deemed abandoned Landlord's property) without Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; rooftop communication equipment or other similar building operating equipment and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and dispositiondecorations.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Condition upon Termination. Subject Upon the termination of this Lease, Tenant shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease; provided, however, that Tenant shall not be required to remove any alterations, additions and improvements to the remaining provisions hereof Property except for (i) any alterations, additions or improvements made without Landlord's consent, and (ii) any alterations, additions or improvements made with Xxxxxxxx's consent with respect to which Landlord notifies Tenant within thirty (30) days after Xxxxxxxx's review and approval of Tenant's plans and specifications for such alterations, additions or improvements will have to be removed prior to the expiration of this Section 6.8Lease, at and provided further, that Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction). In addition, Tenant shall complete the moveout responsibilities ("Tenant's Moveout Responsibilities") set forth on Exhibit "C-2" attached hereto. Notwithstanding anything to the contrary contained herein, the parties agree that with respect to the initial Tenant Improvements to the Property, Tenant shall only be required to remove the "white room", as shown on Exhibit "E" attached hereto, and any and all specialized equipment relating to the white room. All alterations, additions and improvements which Landlord has not required Tenant to remove in accordance with the foregoing provisions shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease, except that Tenant may remove any of Tenant's machinery or if equipment which can be removed without damage to the Property. Tenant abandons shall repair, at Tenant's expense, any damage to the Premises in Property caused by the manner described in Section 9.1(i) below, Tenant (and all persons claiming by, through or under it) shall, without the necessity removal of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions such machinery or Alterations constructed after the Commencement Date, that Landlord, pursuant to Section 6.6 above, does not require Tenant to remove, and (z) all keys to the Premisesequipment. In additionno event, however, shall Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord does not require Tenant to remove pursuant to the terms of Section 6.6 above, Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of the Initial Improvements, Alterations following materials or other additions or installations in the Premises. Tenant shall repair any damage caused by such removal. Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking equipment (to the extent provided in Article X only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease which shall be deemed abandoned Landlord's property) without Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and dispositiondecorations.

Appears in 1 contract

Samples: Trimedyne Inc

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