Common use of Removal of Tenant Property by Tenant Clause in Contracts

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 4 contracts

Samples: Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)

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Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, damage by fire or other casualty, and repairs which are specifically made the responsibility of Landlord hereunder excepted, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by Tenant or any Tenant Party (collectively, "Tenant HazMat Operations") and released of any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any Governmental Authority having jurisdiction over the use, storage, handling, treatment, generation, release, disposal, removal or remediation of Hazardous Materials in, on or about the Premises (collectively referred to herein as "Hazardous Materials Clearances"). Upon such expiration or termination, Tenant shall, at Landlord's sole option and without expense to Landlord, remove or cause to be removed from the Premises those Alterations as to which Landlord conditioned its approval upon removal at the expiration or earlier termination of the Lease, all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Any items installed by Landlord or using any allowance from Landlord shall any Landlord’s Work be deemed remain in the Premises unless required to be Tenant’s personal propertyremoved by Landlord in Landlord's sole discretion. Notwithstanding the foregoing, it being Tenant shall have no obligation to (and shall not except with Landlord's prior written consent) remove or restore the intent that Tenant’s following at the expiration or earlier termination of the Lease Term: (i) any fixtures, improvements or alterations to the Premises existing as of the Lease Commencement Date, (ii) any items installed by Landlord at its expense or using any allowance from Landlord during the Lease Term, and (iii) all of Landlord's fixtures, equipment furnishing, furniture and other personal property includes only those located in the Premises (the "Existing Personal Property"), which Existing Personal Property is listed on Exhibit I attached hereto. During the Lease Term, Tenant shall have the right to use the Existing Personal Property at no additional rent, provided Tenant shall maintain and surrender such items in substantially the same condition as received on the Lease Commencement Date, reasonable wear and tear and damage by fire or other casualty excepted. Notwithstanding anything herein to the contrary, Landlord agrees that all items listed on Exhibit J attached hereto are not built into the property of Tenant and, along with all other furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant (the "Tenant Personal Property"), may be removed by Tenant from the Premises at any time, including upon the expiration or earlier termination of the Lease Term, provided that Tenant repairs at its own expense all damage to the Premises and that have not been constructed or installed by Landlord pursuant to the Work LetterBuilding resulting from such removal.

Appears in 4 contracts

Samples: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, Alterations and Tenant Improvements which do not conform to the Specifications (provided Landlord conditioned its approval of their installation under Section 8.5 above upon Tenant's removal of such Alterations or non-standard Tenant Improvements (as applicable) upon the expiration or earlier termination of this Lease), free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Tenant also shall comply with the provisions of Section 8.5 of this Lease. Notwithstanding the foregoing, with respect to Tenant's cabling, Landlord shall have the option, exercisable by written notice to Tenant on or before the day which is thirty (30) days prior to the expiration or earlier termination of this Lease, to require Tenant to remove any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into or all of its cabling from the Premises and to repair any damage to the Premises resulting from such removal; provided, however, that if Landlord so requires Tenant to remove such cabling and if, within six (6) months after the date of expiration or earlier termination of this Lease, leasehold improvements within the Premises are demolished in a manner such that the amount expended to remove such cabling as a part of such demolition would have not been constructed or installed less than the amount previously incurred by Tenant to remove such cabling, Landlord shall promptly rebate to Tenant the difference between the amount expended by Tenant to remove such cabling and the amount which would have been incurred by Landlord pursuant to remove such cabling as a part of the Work Letterdemolition process described herein.

Appears in 4 contracts

Samples: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being obligations under this Section 15.2 shall survive the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed expiration or installed by Landlord pursuant to the Work Letterearlier termination of this Lease.

Appears in 4 contracts

Samples: Extension Option Rider (Turning Point Therapeutics, Inc.), Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.)

Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the tenant improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 3 contracts

Samples: Office Lease (Intralase Corp), Office Lease (Advanced Medical Optics Inc), Office Lease (Styleclick Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Tenant shall not be required to remove any Alterations or initial Tenant Improvements unless Landlord notifies Tenant in writing, at the time of Landlord’s Work be deemed to be Tenant’s personal property's approval of such Alterations or Tenant Improvements, it being that Landlord will require removal of specifically identified portions of such Alterations or initial Tenant Improvements, or unless Tenant has installed the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Lettersame without Landlord's approval.

Appears in 2 contracts

Samples: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Zeltiq Aesthetics Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, except for (x) reasonable wear and tear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder exceptedhereunder. Upon such expiration or termination, in addition to Tenant’s removal and repair obligations with respect to Alterations pursuant to the terms of Article 8, above, and with respect to Lines pursuant to the terms of Section 29.32, below, Tenant shallshall be obligated, without expense to Landlord, to remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and removed (the “Tenant Personal Property”). Tenant shall repair repair, at its own expense expense, all damage to the Premises and Building resulting from such removalremoval (specifically including, without limitation, any holes or other marks left in or on any walls, floors or ceilings) and shall return the affected portion of the Premises to building standard tenant improved condition as determined by Landlord. In no event Landlord shall any Landlord’s Work be deemed to be have the right, at Tenant’s personal propertysole cost and expense, it being to dispose of any Tenant Personal Property remaining in the intent that Premises after Tenant’s personal property includes only those items that are not built into vacation of the Premises and that have not been constructed or installed by same in any manner Landlord pursuant to the Work Lettersees fit.

Appears in 2 contracts

Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualties, alterations or other interior improvements which Tenant is permitted to surrender at the termination of this Lease and repairs which are specifically made not the responsibility of Landlord Tenant hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord, and (b) written evidence of all appropriate governmental releases obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey and caused by Tenant or any Tenant’s Parties and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply if a third party is unable to use the Premises as a result thereof. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall Tenant be required to remove (and Tenant shall not remove) any Landlord’s Work be deemed to be Tenant’s personal property, it being of the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or Tenant Improvements installed by Landlord pursuant to Exhibit B. Tenant’s obligations under this Section 15.2 shall survive the Work Letterexpiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (Applied Molecular Transport LLC)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord, and (b) written evidence of all appropriate governmental releases obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being obligations under this Section 15.2 shall survive the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed expiration or installed by Landlord pursuant to the Work Letterearlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)

Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment (including the Machine Shop Equipment), furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the Tenant Improvements installed in the Premises by Landlord, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender Surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, events of casualty and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property but specifically excluding data cabling and wiring, which shall be at Tenant’s election whether or not to remove) owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, discretion may require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 2 contracts

Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantcondition, reasonable wear and tear tear, casualty loss and condemnation, damage by Landlord or any Landlord Party, and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense; provided that Landlord has provided the requirement for such procedures at least one hundred twenty (120) days prior to Tenant’s surrender of the Premises. Prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord, and (b) written evidence of all appropriate governmental releases obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey to the extent such recognized environmental conditions were caused by Tenant or the Tenant’s Parties and compliance with any recommendations set forth in the Exit Survey to the extent relating to recognized environmental conditions caused by Tenant or the Tenant’s Parties. 908728.01/SD 374622.00146/4-30-21/MLT/bp ActiveUS 186012966v.2 Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. Upon such expiration or terminationtermination of this Lease, Tenant shallmay, without expense to Landlordbut shall not be obligated to, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), and Tenant shall label the same if not removed. Tenant shall remove all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being obligations under this Section 15.2 shall survive the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed expiration or installed by Landlord pursuant to the Work Letterearlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of Section 8.5 above and this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder (including casualty or condemnation) excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property property, including all Lines, owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant (collectively, “Tenant’s Property”), as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises Premises, Buildings and Building Project resulting from such removal. In no event shall Other than Tenant’s Property and any Landlord’s Work be deemed Specialty Alterations required to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed removed by Landlord Tenant pursuant to the Work Letterterms of Section 8.5 above, upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall not be required, and shall have no right, to remove any other Alterations or Improvements in the Premises.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or TenantTenant (to the extent Tenant is not required to remove improvements it made to the Premises), reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed. Further, and on or prior to the Expiration Date, Tenant shall, unless otherwise directed by Landlord, at Tenant’s expense, close up any slab penetrations in the Premises other than any such penetrations existing in the Premises as of the Commencement Date. Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Any of Tenant’s Property not so removed shall any Landlord’s Work be deemed to be abandoned and Landlord may remove and dispose of same, and repair and restore any damage caused thereby, at Tenant’s personal property, it being the intent that cost and without accountability to Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 2 contracts

Samples: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of Section 8.5 above and this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder (including casualty or condemnation) excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property property, including all Lines, owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant (collectively, “Tenant’s Property”), as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall Other than Tenant’s Property and any Landlord’s Work be deemed Specialty Alterations required to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed removed by Landlord Tenant pursuant to the Work Letterterms of Section 8.5 above, upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall not be required, and shall have no right, to remove any other Alterations or Improvements in the Premises.

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantcondition, reasonable wear and tear tear, casualty loss and condemnation, damage by Landlord or any Landlord Party, and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense; provided that Landlord has provided the requirement for such procedures at least one hundred twenty (120) days prior to Tenant’s surrender of the Premises. Prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord, and (b) written evidence of all appropriate governmental releases obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey to the extent such recognized environmental conditions were caused by Tenant or the Tenant’s Parties and compliance with any recommendations set forth in the Exit Survey to the extent relating to recognized environmental conditions caused by Tenant or the Tenant’s Parties. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. Upon such expiration or terminationtermination of this Lease, Tenant shallmay, without expense to Landlordbut shall not be obligated to, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), and Tenant shall label the same if not removed. Tenant shall remove all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being obligations under this Section 15.2 shall survive the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed expiration or installed by Landlord pursuant to the Work Letterearlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord broom clean and in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, less reasonable wear and tear and repairs and maintenance which are specifically made the responsibility of Landlord hereunder and damage by fire or other casualty not required to be restored by Tenant under Article 11 and damage by condemnation excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, signs (including but not limited to the Exterior Sign referred to in Section 23.4) movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall IF THE SAME HAVE NOT BEEN REMOVED BY TENANT PRIOR TO THE EXPIRATION OR SOONER TERMINATION OF THE LEASE TERM, LANDLORD SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO IMMEDIATELY REMOVE ANY OR ALL OF TENANT’S TRADE FIXTURES, FURNISHINGS, EQUIPMENT, AND OTHER PERSONAL PROPERTY LOCATED IN, ON OR ABOUT THE PREMISES AND PLACE THE SAME IN STORAGE OR OTHERWISE RETAIN OR DISPOSE OF THE SAME IN ANY MANNER AS LANDLORD IN ITS SOLE DISCRETION MAY ELECT, IN EITHER CASE AT THE EXPENSE AND RISK OF TENANT, ANY SUCH PROPERTY SHALL BE DEEMED ABANDONED, AND LANDLORD SHALL HAVE NO DUTY, LIABILITY OR OBLIGATION TO TENANT IN CONNECTION THEREWITH. Tenant hereby waives any Landlord’s Work be deemed notice now or hereafter required by law with respect to be vacating the Premises on any such date and any rights which it may otherwise have under applicable law with respect to the removal or disposal of Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that . The provisions of this Section 15.2 are not built into the Premises subject and that have not been constructed or installed by Landlord pursuant subordinate to the Work Letterprovisions of Section 8.5.

Appears in 1 contract

Samples: Office Lease (HMS Holdings Corp)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualty and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all Lines installed by Tenant (including without limitation, telephone, data, and other cabling and wiring installed or caused to be installed by Tenant, including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), leave the interior walls painted (or touched-up, as appropriate) and cleaned as needed, and remove all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and cabling, wiring or conduit (including any such cabling or wiring associated with any telephone system or network, if any) which may have been placed at the Building or within the Building by or on behalf of Tenant, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any At Landlord’s option, but subject to the terms and conditions set forth in the Work Letter, Tenant also shall be deemed required to be Tenant’s personal propertyremove the Tenant Improvements and any Alterations made by or for Tenant in accordance with Section 8.3, it being the intent that Tenant’s personal property includes only those items that are not built into and Tenant shall repair at its own expense all damage to the Premises and that have not been constructed or installed Building resulting from such removal. If Tenant fails to complete any required removal of any Alterations, equipment and/or appurtenances in the Premises and/or to repair any damage caused by Landlord such removal pursuant to the Work Letterterms of this Section 15.2, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant.

Appears in 1 contract

Samples: Atlas Crest Investment Corp.

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 1516, quit and surrender possession of the Premises to Landlord in as good order and the same condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantimproved, reasonable wear and tear and repairs which that are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises (a) all debris Trade Fixtures and rubbish, and such any other items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premisesproperty, (b) all debris and rubbish, (c) all cabling, and (d) such similar articles of any other persons claiming under Tenant, as Landlord mayTenant Improvements and Alterations that Landlord, in its sole and absolute discretion, require requires to be removed; provided, and however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing at the time of granting consent that the improvement or addition in question need not be removed. Tenant shall repair at its own expense all damage to the Premises and the Building resulting from such removal. In If such removal is not completed before the expiration or termination of the Lease Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Lease Term through the end of the time reasonably required for such removal, plus an administrative fee equal to ten percent (10%) or the cost of removal and restoration of the Premises. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event shall any title to all such property described in Landlord’s Work notice shall be deemed transferred to be Tenantand vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s personal removal, storage, retention, or disposition of any such property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Office Lease (Twilio Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of Section 8.5 above and this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualty and repairs which are specifically made the responsibility of Landlord hereunder excepted, free of any liens or encumbrances and in compliance with Section 29.40 below. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, unattached equipment, unattached business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and walls and other articles of personal property owned by Tenant or installed or placed by a Tenant at its expense Party (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal), and remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may require pursuant to Section 8.5 above. No later than twenty (20) days prior to Tenant’s planned move out of the Premises, and such similar articles of any other persons claiming under upon notice from Tenant, as Landlord may, shall do a walk-through of the Premises with Tenant and confirm in its sole discretion, require writing what items Landlord believes Tenant is obligated to be removed, and remove. Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removalremoval of the items described above. In no event shall If Tenant fails to remove any property, including any of the property described above, Landlord may, at Landlord’s Work option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be deemed appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s personal propertyobligations hereunder (including collection costs and attorneys’ fees), it being plus interest thereon at the intent that Tenant’s personal property includes only those items that are not built into Default Rate, or (3) elect any of the Premises actions described in clauses (1) and that have not been constructed or installed by (2) above as Landlord pursuant to may elect in its sole discretion. The provisions of this Article 15 shall survive the Work Letterend of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Snowflake Inc.)

Removal of Tenant Property by Tenant. Upon On or before the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to shall remove (i) all of Tenant's Property (defined below) and Tenant's signage from the provisions of this Article 15, quit Premises and surrender possession other portions of the Premises to Project, (ii) any Alterations or Non Standard Tenant Improvements which Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause has designated to be removed from at the Premises all debris and rubbish, and such items time of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removedconsent thereto, and Tenant shall repair at its own expense any damage caused by all damage of such removal activities. "Tenant's Property" means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, used by Tenant and located above the ceiling of the Premises or below the floor of the Premises), inventories, goods and Building personal property of Tenant. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such removalproperty; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 property of Tenant. In no event shall Landlord may elect to take responsibility to remove any Landlord’s Work be deemed such wiring or cabling required to be Tenant’s personal propertyremoved by Tenant pursuant to this Section 15.2, it in which case Tenant shall pay Landlord for the reasonable, actual cost incurred by Landlord therefor, within thirty (30) days after being billed for the intent that Tenant’s personal same, which billing shall be sent no later than ninety (90) days after the expiration or termination of this Lease. All Alterations and Tenant Improvements except those which Landlord requires Tenant to remove at the time of Landlord's consent thereto shall remain in the Premises as the property includes only those items that of Landlord. If the Premises are not built into surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with this Article 15 and Section 5.3 above, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Article 16 below) until the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letterare so surrendered in accordance with said provisions.

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the tenant improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article ARTICLE 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Magnetek Inc

Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the tenant improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. In addition to the foregoing, Tenant acknowledges its responsibility to remove from the parking structure certain bicycle lockers which had been installed by Tenant’s predecessor and which fit in three (3) of the reserved parking spaces allocated to its predecessor. Upon the expiration or early termination of this Lease, Tenant shall remove such bicycle lockers (which shall remain the exclusive property of Tenant, subject to the other provisions of this Lease) and shall return the parking spaces and restore the concrete slab associated with each of the parking spaces to their original condition, ordinary wear and tear excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed Upon such expiration or termination Tenant shall, without expense to Landlord remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, any telecommunications lines and cabling installed by or at the request of Tenant’s personal property, it being the intent that Tenant’s free standing cabinet work, and other articles of personal property includes only those items that are not built into owned by Tenant or installed or placed by Tenant at its expense in the Premises and that have not been constructed or installed by such similar articles of any other persons claiming under Tenant, as Landlord pursuant may in its sole discretion require to be removed, and Tenant shall repair at its own expense all damage to the Work LetterPremises and Building resulting from such removal.

Appears in 1 contract

Samples: Office Lease (Active Network Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises Promises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Tenant shall any Landlord’s Work not be deemed required to remove (i) the improvements in the Original Premises existing as of the date of this Lease, (ii) the Tenant Improvements described in and to be Tenant’s personal propertyconstructed in accordance with the Work Letter attached to this Lease as Exhibit B, it being the intent that Tenant’s personal property includes only those items that (iii) any Alterations or tenant improvements which are not built into the Premises customary and that have not been constructed typical for business office operations subject to Section 8.4, and (iv) any Alteration or tenant improvement installed by Tenant with Landlord's prior written approval unless such removal was required by Landlord pursuant as a condition precedent to Landlord's consent thereto and such condition was imposed at the Work Lettertime Landlord so consented to such Alteration or tenant improvement. Nothing contained in this Lease shall be construed as creating a security interest or other property interest in Tenant's furniture, fixtures and equipment and Tenant shall be entitled to remove such items at any time during the term of this Lease or upon expiration or earlier termination of this Lease. ARTICLE 16.

Appears in 1 contract

Samples: Office Lease (Ticketmaster)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant's restoration obligations with respect to any Alterations may also include satisfying Landlord's commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant's sole cost and expense. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Tenant's obligations under this Section 15.2 shall any Landlord’s Work be deemed to be Tenant’s personal property, it being survive the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed expiration or installed by Landlord pursuant to the Work Letterearlier termination of this Lease.

Appears in 1 contract

Samples: And Maintenance Agreement (Tocagen Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantcondition, reasonable wear and tear tear, damaged caused by Casualty, and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant's restoration obligations may also include satisfying Landlord's commercially reasonable procedures regarding the cleaning and purging of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant's sole cost and expense. Upon such expiration or termination, in addition to Tenant's obligations under Section 29.32, below, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, server and telephone equipment, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant's or Tenant's Parties' activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall any Landlord’s Work be deemed apply to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into extent a future tenant or occupant is delayed in constructing initial improvements in the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letteras a result.

Appears in 1 contract

Samples: Oyster Point (Cytokinetics Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 1515 and Sections 8.2 and 8.5, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantof this Lease, reasonable wear and tear tear, casualty, and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, subject to the terms of Sections 8.2 and 8.5 of this Lease, and subject to the last sentence of this Section 15.2, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises Premises, any Tenant Improvements or Alterations designated by Landlord in accordance with the terms of this Lease, all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) partitions, all signs and placards, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenantarticles, as Landlord may, in its sole reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Landlord may elect to retain or dispose of, in any manner, any Alterations or Tenant's personal property that Tenant does not remove (and was not directed by Landlord to remove) from the Premises on the expiration or termination of the Term. Title to any such Alterations or Tenant's personal property that Landlord elects to retain or dispose of on expiration of the Term shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s Work be deemed to be 's retention or disposition of any such Alterations or Tenant’s 's personal property. Tenant shall be liable to Landlord for Landlord's reasonable and actual costs for storing, it being the intent that removing and disposing of any Alterations or Tenant’s 's personal property includes only those items that are not built into and shall indemnify and hold Landlord harmless from the Premises and that have not been constructed or installed by Landlord pursuant claim of any third party to the Work Letter.an interest in said personal property. XXXXXX REALTY [999 North Xxxxxxxxx] [Encore Software]

Appears in 1 contract

Samples: Office Lease (Navarre Corp /Mn/)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises any Alterations and improvements in the Premises installed by or on behalf of Tenant, as may be required by Landlord pursuant to Section 8.5 above (excluding (x) all of the Tenant Improvements contemplated by the Work Letter other than those identified by Landlord in writing at the time of Landlord's approval of the Final Space Plan prior to the date hereof as being required to be removed, which Tenant shall otherwise have no obligation to remove, and (ii) Alterations for which Landlord, in connection with its approval of such Alterations, has indicated in writing to Tenant that it will not require such Alterations to be removed), all debris and rubbish, and such items of furniture, equipmentequipment (including, without limitation, all telephone or other form of communication lines or wires owned and/or installed by Tenant), business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Whenever Landlord shall re-enter the Premises as provided in this Lease, any Landlord’s Work personal property of Tenant not removed by Tenant upon the expiration of the Lease Term, or within forty-eight (48) hours after a termination by reason of Tenant's default as provided in this Lease, shall be deemed abandoned by Tenant and may be disposed of by Landlord in accordance with Sections 1980 through 1991 of the California Civil Code and Section 1174 of the California Code of Civil Procedure, or in accordance with any laws or judicial decisions which may supplement or supplant those provisions from time to time. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's personal property as provided above. Tenant shall be liable to Landlord for Landlord's costs for storing, removing and disposing of any Alterations or Tenant’s 's personal property and shall indemnify and hold Landlord harmless from the claim of any third party to an interest in said personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Lease (Veeco Instruments Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualties, alterations or other interior improvements which Tenant is permitted to surrender at the termination of this Lease and repairs which are specifically made not the responsibility of Landlord Tenant hereunder excepted. Tenant's restoration obligations may also include satisfying Landlord's commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant's sole cost and expense. At least ten (10) days prior to Tenant's surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises ("Exit Survey") prepared by an independent third party reasonably acceptable to Landlord, and (b) written evidence of all appropriate governmental releases obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey and caused by Tenant or any Tenant's Parties and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all 879352.05/SD374622-00001/3-28-19/MLT/bp -28- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] governmental permits and licenses, if any, issued in connection with Tenant's or Tenant's Parties' activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply if a third party is unable to use the Premises as a result thereof. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall Tenant be required to remove (and Tenant shall not remove) any of the Tenant Improvements or Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to Exhibit B. Tenant's obligations under this Section 15.2 shall survive the Work Letterexpiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Fluidigm Corp)

Removal of Tenant Property by Tenant. All articles of Tenant’s personal property, furniture (whether bolted or otherwise), furnishings, business machines and equipment and trade fixtures (whether or not affixed to the Premises), signs, communications equipment, moveable partitions, security equipment, networking equipment and viewing screens, a/v and video equipment, built-in television sets or projection screens, telecommunications equipment, seating, projectors and other items bolted in place, free-standing cabinet work, chillers, computer systems, furnishings, blowers, the uninterrupted power supply machinery and equipment and other articles of personal property or other property unique to Tenant’s operations and owned by Tenant or installed or placed by Tenant in the Premises, including the Tenant HVAC System owned by Tenant or installed by Tenant at its expense in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term, provided that the foregoing shall not reduce or alter Tenant’s obligation to remove personal property or other items or improvements to the extent set forth in this Lease. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, damage by casualty and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building Buildings resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable ordinary wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Any property of Tenant not removed by Tenant upon the expiration of the Term of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant's default), as provided in this Lease, shall be considered abandoned and Landlord may remove any or all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant, and if Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord’s Work be deemed , in its sole discretion, may deem proper, without notice to be or demand upon Tenant’s personal , for the payment of all or any part of such charges or the removal of any such property, it being and shall apply the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant proceeds of such sale as follows: first, to the Work Lettercost and expense of such sale, including reasonable attorneys' fees and costs for services rendered; second, to the payment of the cost of or charges for storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Cord Blood America, Inc.

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant's restoration obligations may also include satisfying Landlord's commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant's sole cost and expense. At least ten (10) days prior to Tenant's surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises ("Exit Survey") prepared by an independent third party reasonably acceptable to Landlord, and (b) written evidence of all appropriate governmental releases obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey for which Tenant is responsible for under this Lease and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant's or Tenant's Parties' activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp -30- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Tenant's obligations under this Section 15.2 shall any Landlord’s Work be deemed to be Tenant’s personal property, it being survive the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed expiration or installed by Landlord pursuant to the Work Letterearlier termination of this Lease.

Appears in 1 contract

Samples: Industrial (Kura Oncology, Inc.)

Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the Tenant Improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, may require to be removed, and Tenant shall repair at its own expense all damage to the Premises and the Building resulting from such removal. In no event Not withstanding anything to the contrary to this lease, Tenant shall not be required to remove any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into alterations or improvements from the Premises and that have at the expiration or early termination of this Lease unless said alteration/improvement does not been constructed or installed by Landlord pursuant to comply with the Work Letterfirst sentence of Section 8.1 above.

Appears in 1 contract

Samples: Attornment and Nondisturbance Agreement (Trinet Group Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantcondition, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Landlord and Tenant hereby acknowledge and agree that except as specifically provided herein, Tenant's rights and obligations regarding the removal of tenant improvements and Alterations in the Premises shall be governed by the terms of Article 8 of this Lease. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) partitions, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal; provided, however, Tenant shall not be required to remove any computer and telecommunications cabling installed with Landlord's prior written consent. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant Notwithstanding anything contained in this Lease to the Work Lettercontrary, upon the expiration or earlier termination of this Lease, Tenant may leave floor and wall coverings in their existing "as-is" condition and shall have no obligation to repaint, install new floor coverings or to patch wall or floor penetrations (other than penetrations for internal stairwells or raised floors).

Appears in 1 contract

Samples: Office Lease (Allied Esports Entertainment, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualty, condemnation and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon Prior to such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises (other than reasonable wear and tear) and Building resulting from such removal. In no event , which repair shall include steam cleaning the carpet in the Premises, unless Landlord notifies Tenant in writing that Landlord will perform all or any portion of such removal or repair on Tenant’s behalf and at Tenant’s sole cost and expense (plus a five percent (5%) administrative fee), in which case, at Landlord’s Work election, either (i) Landlord shall be deemed reimbursed for such costs out of the Security Deposit, or (ii) Tenant shall pay to be TenantLandlord the estimated cost for such removal and/or repair within five (5) days of Landlord’s personal propertydemand and, it being upon completion of such removal and/or repair, Tenant shall pay to Landlord any difference between the intent that Tenantactual cost for such removal and/or repair and the estimated cost previously paid to Landlord within five (5) days of Landlord’s personal property includes only those items that are not built into demand. The foregoing payment obligation shall survive the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letterexpiration of this Lease.

Appears in 1 contract

Samples: Lease (Maxlinear Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and tear, repairs which are specifically made the responsibility of Landlord hereunder and damage from casualty excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, server and telephone equipment, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) partitions, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event If Tenant fails to remove any of the foregoing property within two days after expiration or earlier termination of the Lease Term, Landlord, at Tenant’s expense, shall be entitled to remove and store such property, and Landlord shall not be responsible for the value, preservation or safekeeping of such property. Tenant shall pay Landlord, upon demand, the reasonable expenses and storage charges incurred. If Tenant fails to remove such property from the Premises or storage within thirty (30) days after notice, Landlord may deem all or any Landlord’s Work be deemed part of such property to be Tenant’s personal property, it being the intent that Tenant’s personal abandoned and title to such property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Lettershall vest in Landlord.

Appears in 1 contract

Samples: Lease (Athira Pharma, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 1515 and of Article 11, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and (as thereafter improved by Landlord and/or Tenant) and, subject to the express terms and conditions of this Section 15.2, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretiondiscretion but subject to the terms and conditions of this Lease, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Notwithstanding the foregoing, (i) and further notwithstanding the terms and conditions of Section 8.6 above, Tenant shall any not be obligated to restore the hard wall configuration of the Tenant Improvements in the Premises as the same is depicted on Schedule Ito the Work Letter attached to this Lease, and (ii) concurrent with Landlord’s Work approval of the final Construction Plans, Landlord shall notify Tenant which other portions, if any, of the Tenant Improvements Tenant shall be deemed required to be remove as of the expiration or earlier termination of this Lease. In any event, Tenant shall remove from the Premises all of Tenant’s personal property, it being Personal Property except to the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed extent otherwise agreed to by Landlord pursuant to the Work Letterand Tenant or as otherwise expressly set forth in this Lease.

Appears in 1 contract

Samples: Office Lease (NeuroPace Inc)

Removal of Tenant Property by Tenant. All articles of personal ----------------------------------------- property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the tenant improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender ---------- possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Office Lease (Mego Financial Corp)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantcondition, reasonable wear and tear tear, damage caused by casualty (which shall be governed by the terms of Article 11 of this Lease) and repairs which are specifically made the responsibility of Landlord hereunder excepted. Landlord and Tenant hereby acknowledge and agree that except as specifically provided herein, Tenant’s rights and obligations regarding the removal of Tenant’s improvements in the Premises shall be governed by the terms of Article 8 of this Lease. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property property, including all voice and data cabling, owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In Notwithstanding anything contained in this Lease to the contrary, upon the expiration or earlier termination of this Lease, Tenant shall not be obligated to remove or restore any of the initial Tenant Improvements except as set forth in Article 8 of this Lease, Tenant may leave floor and wall coverings in their existing “as-is” condition, and Tenant shall have no event shall obligation to repaint or install new floor coverings or to repair any Landlord’s Work be deemed to be floor penetrations caused by Tenant’s personal property, it being Permitted Use (so long as same are in the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letterordinary course of general office improvements).

Appears in 1 contract

Samples: Office Lease (FIGS, Inc.)

Removal of Tenant Property by Tenant. Subject to the provisions of Sections 6.4, 6.5 and 6.6, all articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the tenant improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under the Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this the Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualty and repairs which are specifically made the responsibility of Landlord hereunder excepted; provided however, that to the extent Tenant is required under the Lease to insure any Tenant Improvements and/or Alterations then Tenant shall be liable for the repairs and restoration thereof. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing freestanding cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, Tenant and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Lease Agreement (Arbinet Thexchange Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, shall quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or TenantLandlord, reasonable wear and tear tear, damage from casualty and condemnation and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) work and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, Tenant and Tenant shall repair at its own expense all damage to the Premises and Building Project resulting from such removal. In no event If Tenant shall fail to remove all of its property from the Premises prior to the expiration of the Lease Term or earlier termination of this Lease for any Landlord’s Work cause whatsoever, Landlord may, at its option, either treat such property as being conveyed to Landlord in which case the same shall automatically and without further action be deemed to be Tenant’s personal the sole property of Landlord, or remove the same in any manner that Landlord shall choose, and store or dispose of said property without liability to Tenant for loss thereof, and Tenant agrees to pay to Landlord upon demand any and all expenses incurred in such removal, including court costs, reasonable attorneys' fees and storage charges on such property for any length of time that the same shall be in Landlord's possession. In the alternative, Landlord may, at its option, sell said property, it being or any of the intent that Tenant’s same, in such manner as Landlord determines to be appropriate in Landlord's reasonable business judgment, for such prices as Landlord may obtain and apply the proceeds of such sale to any amounts due under this Lease from Tenant to Landlord and to the expense incident to the removal and sale of such property. Tenant waives the benefit of any statutory provisions governing the treatment by a lessor of a lessee's personal property includes only those items that are not built into left in leased premises following the expiration of the lease, in the event Tenant fails to remove all of its property from the Premises upon the expiration of the Lease Term or earlier termination of this Lease, the parties hereby agreeing that the provisions of this Lease constitute the express agreement of the parties with respect thereto and that have not been constructed or installed by Landlord pursuant are intended to the Work Lettergovern such situation.

Appears in 1 contract

Samples: Office Lease (Raptor Pharmaceutical Corp)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 1515 and Sections 8.2 and 8.5, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantof this Lease, reasonable wear and tear tear, casualty, and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, subject to the terms of Sections 8.2 and 8.5 of this Lease, and subject to the last sentence of this Section 15.2, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises Premises, any Tenant Improvements or Alterations designated by Landlord in accordance with the terms of this Lease (to be so designated by Landlord at or prior to the time of their installation if approved by Landlord), all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) partitions, all signs and placards, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenantarticles, as Landlord may, in its sole reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises Premises, and Building resulting from such removal. In no event Landlord may elect to retain or dispose of, in any manner, any Alterations or Tenant’s personal property that Tenant does not remove (and was not directed by Landlord to remove) from the Premises on the expiration or termination of the Term. Except as otherwise provided in this Lease, title to any such Alterations or Tenant’s personal property that Landlord elects to retain or dispose of on expiration of the Term shall vest in Landlord. Except as otherwise provided in this Lease, Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s Work be deemed to be retention or disposition of any such Alterations or Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s reasonable and actual costs for storing, it being the intent that removing and disposing of any Alterations or Tenant’s personal property includes only those items that are not built into and shall indemnify and hold Landlord harmless from the Premises and that have not been constructed or installed by Landlord pursuant claim of any third party to the Work Letteran interest in said personal property.

Appears in 1 contract

Samples: Office Lease (Internet Brands, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the ------------------------------------ Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the PremisesPremises (the "Tenant Personal Property"), and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its is own expense all damage to the Premises and Building resulting from such removal. In no event Landlord shall have the right, at Tenant's sole cost and expense, to dispose of any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into Tenant Personal Property remaining in the Premises and that have not been constructed or installed by after Tenant's vacation of the same in any manner Landlord pursuant to the Work Lettersees fit.

Appears in 1 contract

Samples: Office Lease (Prime Response Group Inc/De)

Removal of Tenant Property by Tenant. All articles of personal ------------------------------------ property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the Tenant Improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the -------- Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, . reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or CREEKSIDE PLAZA xxi TriNet Employer Group, Inc. installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, may require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building the Buildings resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Attornment and Nondisturbance Agreement (Trinet Group Inc)

Removal of Tenant Property by Tenant. Upon On or before the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions shall remove at Tenant’s expense (i) all of this Article 15, quit Tenant’s Property (defined below) and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed ’s signage from the Premises all debris and rubbishother portions of the Project, (ii) any Permitted Alterations, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvementsiii) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under TenantAlterations Landlord, as by notice to Tenant given at the time Landlord mayhas consented to such Alteration, in its sole discretion, require has required Tenant to be removedremove, and Tenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at its own expense Tenant’s expense, and Tenant waives all damage claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Landlord may elect to take responsibility to remove any such wiring or cabling installed above the ceiling or beneath the floors of the Premises, in which case Tenant shall pay Landlord for the actual reasonable cost incurred by Landlord therefor, within thirty (30) days after being billed for the same. Notwithstanding anything contained herein to the Premises contrary, in the event Tenant elects, in accordance with the terms, covenants and conditions of this Lease, to remove the existing corridors located on the North or South sides of the eleventh (11th) floor of the Building resulting from (as shown on Exhibit E attached hereto), at the expiration or earlier termination of the Lease, Landlord shall have the right (but not the obligation) to restore such removalcorridors following Lease termination to Building standard condition and Tenant shall be obligated to reimburse Landlord for all reasonable costs incurred in connection therewith within thirty (30) days after receipt of an invoice therefor, together with reasonable back-up documentation. In no the event that Tenant exercises its Option in accordance with the terms of Section 2.2 above, then Tenant shall any Landlord’s Work only be deemed obligated to be Tenant’s personal property, it being reimburse Landlord for one-third of the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed reasonable restoration costs incurred by Landlord pursuant to the Work Letterimmediately preceding sentence and, in the event that the Lease Term is extended such that Tenant occupies the Premises for at least one hundred eighty (180) consecutive months, then Tenant shall not be obligated to reimburse Landlord for any restoration costs incurred by Landlord pursuant to the immediately preceding sentence. In the event Tenant elects, in accordance with the terms, covenants and conditions of this Lease, to remove the existing corridors located on the East side of the eleventh (11th) floor of the Building, Tenant shall have no obligation to restore such corridor on the expiration or earlier termination of the Lease. The terms of this Section 15.2 shall survive the expiration or earlier termination of the Lease. All Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with this Article 15, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Article 16 below) until the Premises are so surrendered in accordance with said provisions.

Appears in 1 contract

Samples: Office Lease (Forrester Research, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, shall quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder under this Lease excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) trade fixtures and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and all debris and rubbish, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In Notwithstanding any other provision of this Lease to the contrary, Tenant shall have no event shall obligation to remove any Landlord’s (i) improvements existing in the Premises as of the Effective Date of the Fifth Amendment, (ii) any Refurbishment Work be deemed described in the “Scope of Work” attached hereto as Exhibit D, or (iii) telephone, data and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant in the Premises at any time. Upon the expiration or any earlier termination of this Lease, Tenant shall have the right, but not the obligation (unless such specialized improvement was previously designated by Landlord to be removed pursuant to Section 8(c) above), to remove from the Premises any specialized improvements paid for and installed by Tenant in the Premises from Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into own funds so long as Tenant repairs at its own expense all damage to the Premises and that have not been constructed or installed by Landlord pursuant to the Work LetterBuilding resulting from such removal.

Appears in 1 contract

Samples: Office Tech Lease (Insite Vision Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of Section 8.5 above and this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted, free of any liens or encumbrances and free of Hazardous Materials placed on the Premises by Tenant or Tenant Parties during the Lease Term. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, unattached equipment, unattached business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and walls and other articles of personal property owned by Tenant or installed or placed by a Tenant at its expense Party (but Tenant may not remove any such item which was paid for, in the Premiseswhole or in part, by Landlord unless Landlord requires such removal), and remove such similar articles of any other persons claiming under alterations, additions, improvements, and Tenant's Off-Premises Equipment, as Landlord may, in its sole discretion, may require pursuant to be removed, and Section 8.5 above. Tenant shall repair at its own expense all damage to the Premises and Building resulting from removal of the items described above. If Tenant fails to remove any property, including any of the property described above, Landlord may, at Landlord's option, (1) deem such removal. In items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no event cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any Landlord’s Work be deemed work required to be performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s personal property's obligations hereunder (including collection costs and attorneys' fees), it being plus interest thereon at the intent that Tenant’s personal property includes only those items that are not built into Default Rate, or (3) elect any of the Premises actions described in clauses (1) and that have not been constructed or installed by (2) above as Landlord pursuant to may elect in its sole discretion. The provisions of this Article 15 shall survive the Work Letterend of the Lease Term.

Appears in 1 contract

Samples: Office Lease (INPHI Corp)

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Removal of Tenant Property by Tenant. Upon All articles of personal property and all business and trade fixtures, machinery and equipment (including computer systems, communications, security, networking and telecommunications equipment and viewing screens, a/v and video equipment, built-in television sets and projection screens), generators, signs, furniture, free standing (but not built-in) cabinet work, movable partitions and other articles of personal property unique to Tenant’s operations and owned by Tenant or any person claiming under Tenant or installed by Tenant at its expense in the Premises, including the Supplemental HVAC Equipment (collectively, “Tenant’s Property”), whether bolted or otherwise, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term, and if so removed by Tenant, Tenant shall, at its own expense, promptly repair all damage to the Premises, Building and Project resulting from such removal. Subject to the terms of Section 8.3 above, upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs repairs, casualty damage and condemnation damage which are specifically made the responsibility of Landlord hereunder excepted. Upon Subject to the terms of Section 8.3 above, upon such expiration or termination, Tenant shall, without expense to Landlord, : (i) remove or cause to be removed from the Premises all debris and rubbish, and such items all of furnitureTenant’s Property (subject, equipmenthowever, free-standing cabinet workto the provisions of clause (iii) hereinbelow); (ii) at Tenant’s option, movable partitions either (not including modular “clean rooms” built into A) remove or cause to be removed from the Premises as part any cabling and/or wiring installed or caused to be installed by Tenant, or (B) leave such cabling and/or wiring in place (provided, however, that if Tenant elects to leave such cabling and/or wiring in place pursuant to clause (B) hereinabove, such cabling and/or wiring must be in good condition and working order and in compliance with applicable Laws); and (iii) notwithstanding anything to the contrary contained in Section 8.3 above, at Tenant’s option, either (A) remove or cause to be removed all of the Supplemental HVAC Equipment installed or caused to be installed by Tenant, or (B) leave some or all of the Supplemental HVAC Equipment in place (provided, however, that if Tenant Improvementselects to leave some or all of the Supplemental HVAC Equipment in place pursuant to clause (B) hereinabove, such Supplemental HVAC Equipment must be in good condition and working order, in compliance with applicable Laws, and if only a portion of the Supplemental HVAC Equipment is left in place, such portion must be a complete, independent and operating unit). In connection with the removal of the items described in clauses (i),(ii) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises(iii) hereinabove, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Office Lease (United Online Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder and damage from casualty or condemnation excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing business and trade fixtures, freestanding cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) partitions, all signs and placards, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Repair of damage shall not include any obligation to repaint or recarpet the Premises to the extent the need for such repainting and/or re-carpeting results from ordinary wear and tear. Landlord may elect to retain or dispose of, in any manner, any Alterations or Tenant’s personal property that Tenant does not remove (and was not directed by Landlord to remove) from the Premises on the expiration or termination of the Term. Title to any such Alterations or Tenant’s personal property that Landlord elects to retain or dispose of on expiration of the Term shall vest in Landlord’s Work be deemed . Tenant hereby waives any rights it may have to be notice under Civil Code sections 1980 et seq. with respect to such Alterations or Tenant’s personal property. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s costs for storing, it being the intent that removing and disposing of any Alterations or Tenant’s personal property includes only those items that are not built into and shall indemnify and hold Landlord harmless from the Premises and that have not been constructed or installed by Landlord pursuant claim of any third party to an interest in said personal property. Notwithstanding anything to the Work Lettercontrary contained in this Lease, Tenant shall have no obligation to remove any improvements existing in the Sublease Premises or Expansion Premises as of the date the Sublease Premises and/or the Expansion Premises, as the case, were delivered to Tenant.

Appears in 1 contract

Samples: Office Lease (TrueCar, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall Notwithstanding anything to the contrary XXXXXXXX XXXXXXXXX [Nara Bank] contained herein, on or before the Expiration Date or any Landlord’s Work be deemed to be earlier termination of this Lease, Tenant shall, at Tenant’s personal propertysole cost and expense and in compliance with the National Electric Code and other applicable laws, it being remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the intent that Tenant’s personal property includes only those items that are not built into exclusive benefit of Tenant in or around the Premises and that have (collectively, the “Cabling”); provided, however, Tenant shall not been constructed remove the Cabling if Tenant receives a written notice from Landlord at least fifteen (15) days prior to the expiration of the Lease authorizing all or installed any portion of the Cabling to remain in place, in which event the Cabling or portion thereof authorized by Landlord pursuant to remain at the Work LetterPremises shall be surrendered with the Premises upon expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Nara Bancorp Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work Alterations undertaken by Landlord at the Premises be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord. In no event shall Tenant be entitled to remove the Landlord pursuant to Equipment, which shall be surrendered upon the Work Letterexpiration of the Lease Term in good condition and repair.

Appears in 1 contract

Samples: Massachusetts Avenue (Werewolf Therapeutics, Inc.)

Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the tenant improvements or Alterations installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 1515 (including Section 15.2.1 below), quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualty (but not including casualty caused by Tenant for which full replacement insurance proceeds are not available to Landlord) and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, subject to the provisions of Section 15.2.1 below, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing freestanding cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require has required to be removedremoved at the time Tenant installed such items, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease]

Appears in 1 contract

Samples: Retail Lease (KBS Real Estate Investment Trust II, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipmentequipment (including, without limitation, all telephone or other form of communication lines or wires owned and/or installed by Tenant), business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) partitions, all signs and placards, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Landlord may elect to retain or dispose of, in any manner, any Alterations or Tenant’s personal property that Tenant does not remove (and was not directed by Landlord to remove) from the Premises on the expiration or termination of the Term. Title to any such Alterations or Tenant’s personal property that Landlord elects to retain or dispose of on expiration of the Term shall vest in Landlord. Tenant hereby waives any Landlord’s Work be deemed rights it may have to be notice under Civil Code sections 1980 et seq. with respect to such Alterations or Tenant’s personal property, it being the intent that . Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to this Section 15.2. Tenant shall be liable to Landlord for Landlord’s costs for storing, removing and disposing of any Alterations or Tenant’s personal property pursuant to this Section 15.2 and shall indemnify and hold Landlord harmless from the Work Letterclaim of any third party to an interest in said personal property.

Appears in 1 contract

Samples: Office Lease (Obagi Medical Products, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of Section 8.5 above and this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, Casualty and condemnation which is not Tenant’s obligation to repair hereunder, and repairs which are specifically made the responsibility of Landlord hereunder excepted, free of any liens or encumbrances and free of Hazardous Materials placed on the Premises by any Tenant Parties during the Lease Term. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, unattached equipment, unattached business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and walls and other articles of personal property owned by Tenant or installed or placed by any other Tenant at its expense Party (but Tenant may not remove any such item which was paid for, in the Premiseswhole or in part, by Landlord unless Landlord requires such removal), and remove such similar articles of any other persons claiming under alterations, additions, improvements, and Tenant, ’s Off-Premises Equipment as Landlord may, in its sole discretion, may require pursuant to be removed, and Section 8.5 above. Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removalremoval of the items described above. In no event shall If Tenant fails upon the expiration or earlier termination of this Lease, subject to any holdover by Tenant pursuant to Article 16 below, to remove any property, including any of the property described above, Landlord may, at Landlord’s Work option, (i) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be deemed appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (ii) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s personal propertyobligations hereunder (including collection costs and attorneys’ fees), it being plus interest thereon at the intent that Tenant’s personal property includes only those items that are not built into Interest Rate, or (iii) elect any of the Premises actions described in clauses (i) and that have not been constructed or installed by (ii) above as Landlord pursuant to may elect in its sole discretion. The provisions of this Article 15 shall survive the Work Letterend of the Lease Term.

Appears in 1 contract

Samples: Office Lease (F5 Networks Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. All walls in the kitchen areas shall be scrubbed clean, and free of all grease, food, and other residue. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all Lines installed or caused to be installed by Tenant (including without limitation, telephone, data, and other cabling and wiring installed or caused to be installed by Tenant, including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), leave the interior walls painted or cleaned as needed, and remove all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and cabling, wiring or conduit (including any such cabling or wiring associated with any telephone system or network, if any) which may have been placed at the Building or within the Building by or on behalf of Tenant, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any At Landlord’s Work option (subject to Sections 8.1 and 8.3) Tenant also shall be deemed required to be Tenant’s personal propertyremove any Alterations made by or for Tenant in accordance with Section 8.3, it being the intent that Tenant’s personal property includes only those items that are not built into and Tenant shall repair at its own expense all damage to the Premises and that have not been constructed or installed Building resulting from such removal. If Tenant fails to complete any required removal of any Alterations, improvements, equipment and/or appurtenances in the Premises and/or to repair any damage caused by Landlord such removal pursuant to the Work Letterterms of this Section 15.2, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Regardless of anything to the contrary set forth above or elsewhere in this Lease, Landlord shall conduct a walkthrough of the Premises with Tenant at least 120 days prior to the expiration of the Lease Term and notify Tenant in writing of the Alterations, improvements, equipment and/or appurtenances that are to be removed.

Appears in 1 contract

Samples: Lease (Hippo Holdings Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession condition, broom clean and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, in addition to Tenant’s obligations under Section 29.32, below, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, server and telephone equipment, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In Except as otherwise permitted by Applicable Laws, in no event shall Tenant be obligated to remove any Landlord’s Work then-existing “Lines” (as that term is defined in Section 29.32 of this Lease) existing as of the expiration or earlier termination of this Lease; provided, however, Tenant shall be deemed obligated to be (i) repair any damage to the Premises caused by Tenant’s personal propertymoving out of the Premises (including, it being the intent that removal of Tenant’s personal property includes only those items that therefrom) and return, restore and patch holes in the interior walls of the Building which are not built into larger than one-quarter inch ( 1/4”) in diameter to a building standard improved condition as determined by Landlord (i.e., clean up the impacted areas without having to build-out brand new improvements for potential future tenants), (ii) cause all lights located within the Premises and that have not been constructed or installed by Landlord otherwise serving the Premises to be in good working order condition and repair, and (iii) cause all HVAC systems and equipment located within the Premises and otherwise serving the Premises to be in good working order, condition and repair (as well as in the condition required pursuant to Article 7 of this Lease). Notwithstanding any provision to the Work Lettercontrary contained in the Lease, in no event shall the Tenant be obligated to paint any surfaces within the Premises prior to the expiration or earlier termination of this Lease (including, but not limited to the performing of any “touch-up” painting).

Appears in 1 contract

Samples: Office Lease (Accelrys, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, peaceably quit and surrender possession of the Premises to Landlord broom clean and otherwise in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such all items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as and all Alterations designated by Landlord may, for removal in its sole discretion, require to be removedaccordance with Section 8.2 hereof, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from the installation thereof and/or from such removal. In no event shall Notwithstanding anything to the contrary contained herein, Tenant shall, at its sole cost and expense, remove from the Premises, prior to the end of the Term, any item installed by or for Tenant and which, pursuant to Applicable Laws, must be removed therefrom before the Premises may be used by a subsequent tenant. If Tenant fails to remove any property from the Building or the Premises which Tenant is obligated by the terms of this Lease to remove within seven (7) business days after written notice from Landlord, all or any of such property (the “Abandoned Property”) shall, at Landlord’s Work option be conclusively deemed to have been abandoned, and may either be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any item of Abandoned Property shall be sold, Tenant hereby agrees that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, to the expenses of the sale, the cost of moving and storage, any damages to which Landlord may be entitled hereunder or pursuant to the Work Letterlaw, and to any arrears of Rent.

Appears in 1 contract

Samples: Cogent Biosciences, Inc.

Removal of Tenant Property by Tenant. Upon Within thirty (30) days after the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord broom-clean, in as good order condition and condition repair as when Tenant took possession and as thereafter improved by Landlord and/or Tenantis required to maintain the same throughout the Lease Term, reasonable normal wear and tear excepted, together with all keys and repairs combinations to locks, safes and vaults and all improvements, alterations, additions, and fixtures installed in, upon orto the interior or exterior of the Premises, except personal property, signs and trade fixtures, all of which are specifically made shall thereupon become the responsibility property of Landlord hereunder exceptedwithout any claim by Tenant therefor, but the surrexxxx xf such property to Landlord shall not be deemed to be a payment of rent or in lieu of any rents, charges or other sums reserved hereunder. Upon such Tenant shall have up to thirty (30) days after the expiration or terminationof the Lease Term in which to remove Tenant's personal property, sigxx xxx trade fixtures, and Tenant shall pay to Landlord upon the surrender of the Premises, an amount equal to one-half (1/4) of the Base Rent calculated on a per diem basis using the last month's Base Rent. Before surrendering the Premises, Tenant shallmay, without expense to Landlordbut shall not be obligated to, remove any improvements, alterations, additions, lighting fixtures, apparatus, equipment and decorations at any time made or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned installed by Tenant in, upon or installed to the interior or placed by Tenant at its expense in exterior of the Premises, and such similar articles of Tenant further agrees to repair any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and damage caused thereby. If Tenant shall repair at its own expense all damage fail to the Premises and Building resulting from such removal. In no event shall remove any Landlord’s Work be deemed to be of Tenant’s 's said personal property, it being signs and trade fixtures, said property shall, at the intent that option of Landlord, either be deemed abandoned and become the exclusive property of Landlord, or Landlord shall have the right to remove and store said property, without further notice to or demand upon Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Lease (Aei Net Lease Income & Growth Fund Xix Limited Partnership)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder exceptedexcepted provided, however, Tenant shall not be required to remove the Tenant Improvements unless at the time of Landlord’s approval of any item in the Tenant Improvements Landlord informed Tenant that it would have to remove the item at the end of the Term. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Lease (Braeburn Pharmaceuticals, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, upon request of Landlord, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being obligations under this Section 15.2 shall survive the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed expiration or installed by Landlord pursuant to the Work Letterearlier termination of this Lease.

Appears in 1 contract

Samples: Regulus Therapeutics Inc.

Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, damage by casualty and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Landlord and Tenant acknowledge and agree that nothing in this Section 15.2 shall prohibit Tenant from removing any Landlord’s Work be deemed to be Tenant’s personal propertyfurniture, it being the intent that Tenant’s free-standing equipment, free-standing cabinet work and other articles of personal property includes only those items that are not built into the Premises and that have not been constructed owned by Tenant or installed or placed by Landlord pursuant to Tenant at its expense in the Work LetterPremises, at any time throughout the Term of this Lease.

Appears in 1 contract

Samples: Office Lease (Etoys Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and tear, repairs which are specifically made the responsibility of Landlord hereunder hereunder, and casualty excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal propertyLandlord acknowledges, it being consents and agrees that all improvements within the intent that Tenant’s personal property includes only those items that are not built into Premises, including the Tenant Improvements and all Alterations, and all furniture, trade fixtures, and equipment installed in or on or located in or about the Premises and that have not been constructed or installed by Landlord pursuant Tenant, whether affixed to the Work LetterPremises or otherwise (the "TRADE FIXTURES"), shall be and all times remain the sole property of Tenant (whether or not the cost of same was reimbursed by Landlord), but if not removed at the expiration of the Lease Term the Tenant Improvements and all Alterations shall automatically become Landlord's property. The Alterations (but not the Tenant Improvements) and the Trade Fixtures may be removed by Tenant (or any equipment lessor or lender of Tenant) at any time during the Lease Term prior to the expiration or earlier termination thereof, whether or not such items would be otherwise regarded as property of Landlord by operation of law or otherwise. Tenant, at its expense, shall repair any damage to the Premises or the Project caused by such removal.

Appears in 1 contract

Samples: Office Lease (Equity Marketing Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier early termination of this LeaseLease due to Tenant's default hereunder, Tenant shall, subject to the provisions of this Article 1552, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantat the date of the making of this Lease, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) trade fixtures, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Demised Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Demised Premises and Building resulting from such removal. In no event Removal of Tenant's Property by Landlord. Whenever Landlord shall re-enter the Demised Premises as provided in this Lease, any Landlord’s Work personal property of Tenant not removed by Tenant upon the expiration of the Lease Term, or within forty-eight (48) hours after a termination by reason of Tenant's default as provided in this Lease, shall be deemed abandoned by Tenant and may be disposed of by Landlord, at Tenants cost, in accordance with applicable law or in accordance with any judicial decisions which may supplement or supplant those provisions from time to time. Landlord's Property. All fixtures, alterations, additions, repairs, improvements and/or appurtenances attached to or built into, on, or about the Demised Premises prior to or during the term hereof, whether by Landlord at its expense or at the expense of Tenant, or by Tenant at its expense, or by previous occupants of the Demised Premises, shall be Tenant’s personal property, it being and remain part of the intent that Tenant’s personal property includes only those items that are not built into the Demised Premises and that have shall not been constructed be removed by Tenant at the end of the Lease Term, unless otherwise expressly provided for in this Lease or installed unless such removal is required by Landlord pursuant to the Work Letterprovisions of this Lease. If Tenant shall fail to complete such removal and repair such damage, Landlord may do so and may charge the cost thereof to Tenant. Such fixtures, alterations, additions, repairs, improvements and/or appurtenances shall include, without limitation, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures and equipment, plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord's Actions on Demised Premises. Tenant hereby waives all claims against Landlord with respect to Landlord's removal as herein provided and same shall not constitute forcible entry.

Appears in 1 contract

Samples: Master Lease Agreement (One Liberty Properties Inc)

Removal of Tenant Property by Tenant. Notwithstanding anything to the contrary contained herein, all articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the Tenant Improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term. Further, in connection therewith, Landlord agrees to execute any reasonable waivers or lien releases in connection with Tenant’s lease of any such articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable moveable partitions (not including modular “clean rooms” built into and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises as part and similar articles of any other person claiming under Tenant. In connection with any removal/restoration requirements, Tenant shall repair at its own expense all damage to the Premises and Building resulting from any such removal. Notwithstanding anything to the contrary in this Lease, Tenant Improvementsshall not be required under any circumstance (including, without limitation, in the event that this Lease terminates prior to the Lease Expiration Date because of a default by Tenant hereunder or in the event Tenant exercises its Second Termination Right in Section 2.2.2 hereof) to remove Tenant’s HVAC system and any cabling, wiring or conduit (including any such cabling or wiring associated with the Wi-Fi Network, if any) which may have been placed at the Real Property or within the Building by or on behalf of Tenant; provided, however, upon the expiration or sooner termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, be required to remove any non-general office type Tenant Improvements and Alterations (and repair any damage caused by such removal) identified by Landlord in accordance with Section 8.4 above. Landlord and Tenant acknowledge and agree that nothing in this Section 15.2 shall prohibit Tenant from removing any furniture, equipment, free-standing cabinet work and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of at any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and time throughout the Lease Term (provided that Tenant shall repair at its own expense all repairs any damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Lettertherefrom).

Appears in 1 contract

Samples: Office Lease (Legalzoom Com Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such all items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the PremisesPremises (other than furniture, equipment or fixtures attached to the Premises and purchased with the Furnishings Credit) and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed. Landlord may require that Tenant remove any Cabling (as defined below), and wiring or conduit (including any such Cabling or wiring associated with the Wi-Fi Network, if any) which may have been placed at the Project or within the Building by or on behalf of Tenant. Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removalremoval of any of the foregoing items. In no event shall Tenant be required to remove any Landlord’s Work of the Tenant Improvements. In addition, if all or a portion of the corridor located on the fourth floor of the Building is removed as part of the Tenant Improvements, then Tenant shall not be required to restore such corridor upon the expiration or earlier termination of the Lease. Landlord and Tenant hereby agree that the additional Base Rent paid by Tenant under Article 3 of the Lease for the portion of the Premises where the corridor was removed shall be deemed to be Tenantfull consideration for Landlord’s personal property, it being the intent agreement that Tenant’s personal property includes only those items that are Tenant is not built into the Premises and that have not been constructed or installed by Landlord pursuant required to the Work Letterrestore such corridor.

Appears in 1 contract

Samples: Office Lease (Serena Software Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant's restoration obligations shall include complying with applicable law with respect to the 843078.08/SD374622-00033/8-4-16/MLT/dek -32- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant's sole cost and expense. At least thirty (30) days prior to Tenant's surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises ("Exit Survey") prepared by an independent third party reasonably acceptable to Landlord, and no later than the Lease Expiration Date, or earlier termination date, written evidence of all appropriate governmental releases obtained by Tenant in accordance with applicable laws, including laws pertaining to closure of the laboratories within the Premises and their related permits. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey (other than those caused by Landlord or caused by the migration of Hazardous Materials through no fault of Tenant, through air, water or soil, into the Premises) and compliance with any recommendations set forth in the Exit Survey relating to Hazardous Materials for which Tenant is responsible under the terms of this Lease. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant's or Tenant's Parties' activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Tenant's obligations under this Section 15.2 shall any Landlord’s Work be deemed to be Tenant’s personal property, it being survive the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed expiration or installed by Landlord pursuant to the Work Letter.earlier termination of this Lease

Appears in 1 contract

Samples: Basic Lease Information (Achaogen Inc)

Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the tenant improvements or Alterations installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as (i) Tenant is not in default under this Lease with any applicable cure period having expired, and (ii) Tenant repairs, at its expense, all damage resulting from such removal. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all Lines (as defined below) installed or caused to be installed by Tenant (including any Lines installed by or for Tenant above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Office Lease (Sierra Oncology, Inc.)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under TenantTenant (collectively, the "Personal Property"), as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no the event that Tenant shall any Landlord’s Work be deemed fail to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into remove such Personal Property from the Premises and that have not been constructed or installed by Landlord pursuant repair all resulting damage to the Work Letter.Premises as set forth hereinabove, then Landlord may do so and may charge the cost thereof to Tenant. In the event Landlord elects to so remove the Personal Property and/or repair the damage caused to the Premises by such removal, then notwithstanding any contrary terms of Section 8.5 of this Lease, Tenant's failure to remove and/or failure to repair shall not be deemed a holdover for purposes of Article 16 of this Lease. XXXXXX REALTY 571981.06/WLA 0000 Xxxxxxxxx Xxxxx K4064-066/6-8-04/pjr/pjr -37-[STMicroelectronics, Inc.]

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, freeAlterations and Tenant Improvements which do not conform to the Specifications (provided Landlord conditioned its approval of their installation under Section 8.5 above upon Tenant’s removal of such Alterations or non-standard Tenant Improvements (as applicable) upon the expiration or earlier termination of this Lease), free- standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Tenant also shall any Landlord’s Work be deemed comply with the provisions of Section 8.5 of this Lease. Notwithstanding the foregoing, with respect to be Tenant’s personal propertycabling, it being Landlord shall have the intent that Tenant’s personal property includes only those items that are not built into option, exercisable by written notice to Tenant on or before the day which is thirty (30) days prior to the expiration or earlier termination of this Lease, to require Tenant to remove any or all of its cabling from the Premises and to repair any damage to the Premises resulting from such removal; provided, however, that if Landlord so requires Tenant to remove such cabling and if, within six (6) months after the date of expiration or earlier termination of this Lease, leasehold improvements within the Premises are demolished in a manner such that the amount expended to remove such cabling as a part of such demolition would have not been constructed or installed less than the amount previously incurred by Tenant to remove such cabling, Landlord shall promptly rebate to Tenant the difference between the amount expended by Tenant to remove such cabling and the amount which would have been incurred by Landlord pursuant to remove such cabling as a part of the Work Letterdemolition process described herein.

Appears in 1 contract

Samples: Office Lease and Settlement Agreement (Peregrine Systems Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article ARTICLE 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall Notwithstanding anything to the contrary in this Lease, all safes and raised computer flooring, together with any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or inter-floor stairs installed by or for Tenant, shall be removed and any resulting damage repaired, unless Landlord pursuant consents or directs otherwise within ninety (90) days prior to the Work LetterExpiration Date.

Appears in 1 contract

Samples: Office Lease (Aethlon Medical Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and tear, casualty and/or repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations with respect to any Alterations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord, and (b) written evidence of all necessary governmental releases obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises. In addition, Tenant agrees to remain responsible for remediation after the surrender of the Premises to the extent the Exit Survey concludes that Tenant has Released Hazardous Materials on, under or emanating from the Premises and the Affected Areas in material violation of Environmental Law and that such Release requires Corrective Action. Tenant shall undertake Corrective Action only with respect to contamination caused by Tenant if, and only to the extent required by the governmental authority exercising jurisdiction over the matter. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the wi-fi network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), if and to the extent that such cabling, wiring and wi-fi network will materially adversely affect the next tenant of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being obligations under this Section 15.2 shall survive the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed expiration or installed by Landlord pursuant to the Work Letterearlier termination of this Lease.

Appears in 1 contract

Samples: Extension Option Rider (Fate Therapeutics Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and cabling, wiring or conduit (including any such cabling or wiring associated with any telephone system or network, if any) which may have been placed at the Building or within the Building by or on behalf of Tenant, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Any such properly not so removed by Tenant shall any Landlord’s Work be deemed to be abandoned and at the option of Landlord shall either (a) become Landlord’s property without any payment to Tenant or (b) remain Tenant’s personal property, it being but Landlord shall have the intent right to sell or otherwise dispose of such personal property in any commercially reasonable manner, provided that any proceeds realized from the sale of Tenant’s personal property includes only those items that are not built into the Premises shall be applied first to offset all expenses of storage and that have not been constructed or installed sale, then credited against Tenant’s outstanding obligations under this Lease (including, without limitation, past due rent amounts and any termination damages owing by Tenant to Landlord pursuant to the Work LetterArticle 19 hereof), and any remaining balance shall be returned to Tenant.

Appears in 1 contract

Samples: Lease (Invitae Corp)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, : (i) quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, except for (A) reasonable wear and tear and repairs (B) damage from casualty which are is not specifically made the Tenant’s responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, to repair pursuant to Article 10.1 above; and (ii) without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Notwithstanding anything to contrary in the Lease, Tenant shall have no obligation to remove the Landlord Improvements, the Tenant Improvements, or any Alterations or improvements (unless such Alterations or improvements are specialty improvements and Landlord notified Tenant in writing of the removal requirement at the time of approval in accordance with Article 8). In addition, Tenant shall have no event obligation to remove any cabling, conduit or trade fixtures (unless elected, at Tenant sole election) and shall any Landlord’s Work otherwise leave the Premises in its then existing condition unless Tenant elects to terminate the Lease under Rider No. 5 attached hereto, to reduce the size of the Premises under Rider No. 4 attached hereto, or Landlord terminates the Lease due to a Tenant Event of Default, in which case Tenant shall be deemed to be responsible for such removal at Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into the Premises sole cost and that have not been constructed or installed by Landlord pursuant expense prior to the Work Letterexpiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the tenant improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed Upon such expiration or termination Tenant shall, without expense to Landlord remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, any telecommunications lines and cabling installed by or at the request of Tenant’s personal property, it being the intent that Tenant’s free standing cabinet work, and other articles of personal property includes only those items that are not built into owned by Tenant or installed or placed by Tenant at its expense in the Premises and that have not been constructed or installed by such similar articles of any other persons claiming under Tenant, as Landlord pursuant may in its sole discretion require to be removed, and Tenant shall repair at its own expense all damage to the Work LetterPremises and Building resulting from such removal.

Appears in 1 contract

Samples: Office Lease (Nabriva Therapeutics PLC)

Removal of Tenant Property by Tenant. Upon Subject to the terms and conditions of Article 8 above, upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed. Further, and on or prior to the Expiration Date, Tenant shall, unless otherwise directed by Landlord, at Tenant’s expense, close up any slab penetrations in the Premises in excess of five (5) inches in diameter caused by Tenant. Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event Any of Tenant’s Property not so removed shall any Landlord’s Work be deemed to be abandoned and Landlord may remove and dispose of same, and repair and restore any damage caused thereby, at Tenant’s personal property, it being the intent that cost and without accountability to Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed or installed by Landlord pursuant to the Work Letter.

Appears in 1 contract

Samples: Office Lease (Oxigene Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, Alterations and Tenant Improvements which do not conform to the Specifications (provided Landlord conditioned its approval of their installation under Section 8.5 above upon Tenant's removal of such Alterations or non-standard Tenant Improvements (as applicable) upon the expiration or earlier termination of this Lease), free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] expense all damage to the Premises and Building resulting from such removal. In no event Tenant also shall comply with the provisions of Section 8.5 of this Lease. Notwithstanding the foregoing, with respect to Tenant's cabling, Landlord shall have the option, exercisable by written notice to Tenant on or before the day which is thirty (30) days prior to the expiration or earlier termination of this Lease, to require Tenant to remove any Landlord’s Work be deemed to be Tenant’s personal property, it being the intent that Tenant’s personal property includes only those items that are not built into or all of its cabling from the Premises and to repair any damage to the Premises resulting from such removal; provided, however, that if Landlord so requires Tenant to remove such cabling and if, within six (6) months after the date of expiration or earlier termination of this Lease, leasehold improvements within the Premises are demolished in a manner such that the amount expended to remove such cabling as a part of such demolition would have not been constructed or installed less than the amount previously incurred by Tenant to remove such cabling, Landlord shall promptly rebate to Tenant the difference between the amount expended by Tenant to remove such cabling and the amount which would have been incurred by Landlord pursuant to remove such cabling as a part of the Work Letterdemolition process described herein.

Appears in 1 contract

Samples: Lease Option Agreement (Peregrine Systems Inc)

Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations shall include complying with applicable law with respect to the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least ten (10) days (as extended as a result of any delay in response by the applicable governmental authorities) prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord, and no later than the Lease Expiration Date, or earlier termination date, written evidence of all appropriate governmental releases obtained by Tenant in accordance with applicable laws, including laws pertaining to the closure of the laboratories within the Premises and their related permits. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey and compliance with any recommendations set forth in the Exit Survey (other than those caused by Landlord or caused by the migration of Hazardous Materials through no fault of Tenant, through air, water or soil, into the Premises) and compliance with any recommendations set forth in the Exit Survey relating to Hazardous Materials for which Tenant is responsible under the terms of this Lease. Tenant shall, upon the expiration or earlier termination of this Lease (as extended as a result of any delay in response by the applicable governmental authorities), furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, movable partitions (not including modular “clean rooms” built into the Premises as part of the Tenant Improvements) and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall any Landlord’s Work be deemed to be Tenant’s personal property, it being obligations under this Section 15.2 shall survive the intent that Tenant’s personal property includes only those items that are not built into the Premises and that have not been constructed expiration or installed by Landlord pursuant to the Work Letterearlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Kezar Life Sciences, Inc.)

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