Common use of Surrender of Possession Clause in Contracts

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of the Leased Premises, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

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

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Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased Premises, reasonable wear and tear exceptedLease Commencement Date. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's property’s signs. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Landlord or Tenant (other than the initial tenant improvements install pursuant to Exhibit F) and repair all damage caused by such removal, unless Landlord, at the time it consented to such improvements waived the right to require such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. , payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed, and Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for samework is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

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

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment’s equipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of Tenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

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

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls walls, ceiling or ceiling roof of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Tenant requested Landlord's consent to the improvements were completed that it Landlord desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.. ARTICLE 3

Appears in 2 contracts

Samples: Vantive Corp, Vantive Corp

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph Paragraph at the expiration or sooner termination of this Lease, Landlord may, may at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, as above set forth within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

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

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment’s equipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

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

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased Premises, reasonable wear and tear exceptedLease Commencement Date. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's property’s signs. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations -penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required materially soiled floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean or and repaint all painted walls. However, Tenant shall not be liable for normal wear and tear remediation costs. Landlord shall retain a mechanical contractor at Tenant’s expense to service all heating, ventilating, and air-conditioning equipment, and Tenant shall pay the cost for the service and the cost to restore (or replace as required) said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or wear to the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. , payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed, and Tenant shall pay to Base Landlord Initials W Tenant Initials NH Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for samework is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

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

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear exceptedexpected. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant’s removal of tenant’s property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's property’s signs. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Lease Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. , payable by Tenant shall pay to Landlord the amount within tent days after receipt of all costs so incurred plus such interest thereon, within ten (10) days of a statement therefore from Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to the lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

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

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside AreasPremises ("Tenants Property"), and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same conditioncondition (except for reasonable wear and tear, acts of god or alterations which Landlord had stated in writing may remain upon expiration or earlier termination of this Lease), broom clean, when Tenant first took occupancy of as existed at the Leased Premises, reasonable wear and tear exceptedLease Commencement Date. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas Premises caused by Tenant's removal of Tenant's propertyproperty and all damage to the exterior of the Building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, tiles and wall coverings and replace as may be required floor coverings to the reasonable satisfaction of Landlord. Subject to paragraph 13.12 B Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all Tenant shall restore the Leased Premises to the condition existing prior to the installation of such improvements, ordinary wear and tear and casualty damage caused by such removalfor which Tenant is not responsible excepted. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum Xxxxx Fargo Bank Prime Rate Plus Two not to exceed the legal rate of interest not prohibited or made usurious allowed by law Law until paid. , payable by Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days after receipt of a statement therefor from Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Avant Corp

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment’s equipment (including telecommunications installations, unless Landlord otherwise elects), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Common Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Common Areas caused by Tenant's ’s removal of Tenant's ’s property. If Landlord elects by written notice to Tenant not later than thirty (30) days prior to the termination or expiration of the Term to require Tenant to surrender Tenant’s telecommunications installations, then Tenant shall leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of such installations. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord, in each case to the extent such staining or damage was caused by Tenant or any Tenant Parties, reasonable wear and tear excepted. Tenant shall repair all damage caused by Tenant or any Tenant Parties to the exterior surface of the Building and the paved surfaces of the Outside Common Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease , reasonable wear and shall repair all damage to the Leased Premises, the Building and the Property caused by such removaltear excepted. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Common Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Leased Premises, the Building Building, the Common Areas and the Outside Areas Property to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion) to accept a cash payment from Tenant in lieu of Tenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to remove any of Landlord’s Work upon the expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Biolase, Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment’s equipment (including telecommunications wiring and cabling, unless Landlord otherwise elects, which election shall be made at the time of consent), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. If Landlord elects by written notice to Tenant not later than sixty (60) days prior to the termination or expiration of the Term to require Tenant to surrender Tenant’s telecommunications wiring and cabling, then Tenant shall leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant Landlord shall repair repair, at Tenant’s sole expense, all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Common Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Default Interest Rate until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of Tenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (LumiraDx LTD)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same conditioncondition existing as of December 6, 1999 which is the date Ciena Corporation accepted possession of the Premises (Tenant’s current sublease requires Tenant to return the Premises to the condition existing as of that date and Tenant acknowledges that this same obligation continues with this Lease), broom clean, when Tenant first took occupancy of the Leased Premises, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's property’s signs. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint all painted walls. Landlord shall retain a mechanical contractor at Tenant’s expense to service all heating, ventilating, and air-conditioning equipment, and Tenant shall pay the cost for the service and the cost to restore (or replace as required) said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant (or Tenant’s predecessor Ciena Corporation) which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. , payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed, and Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for samework is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Virage Logic Corp

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when as existed at the Lease Commencement Date. Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant first took occupancy shall pay the cost to restore (or replace as required), said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or wear to the Leased Premises, reasonable wear and tear exceptedBuilding, Common Areas, Outside Areas, and/or Property. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant's removal of Tenant's property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's propertysigns. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased PremisesPremises are not, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, . Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs coats incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. , payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed, and Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for samework is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Acceptance Agreement (Virage Logic Corp)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment’s equipment (including telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas Common Areas, the Property, and the Property Project to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear and damage caused by Landlord or Landlord’s employees, agents, contractors, or subcontractors (collectively with Landlord, the “Landlord Parties”) and casualty not caused by Tenant or Tenant Parties, excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Common Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Subject to the terms of Paragraph 9.3 below, Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Exclusive Use Common Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the applicable improvements were completed consented to, that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.D

Appears in 1 contract

Samples: Lease (Aruba Networks, Inc.)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Leaselease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when as existed at the Lease Commencement Date. See attached. Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant first took occupancy shall pay as a project maintenance cost the cost to restore (or replace as required, said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or wear to the Leased Premises, reasonable wear and tear exceptedBuilding, Common Areas, Outside Areas, and/or Property. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas Premises caused by Tenant's removal of Tenant's propertysigns. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint as reasonably necessary all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. See attached. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. , payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed, and Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for samework is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

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

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same as good condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesCommencement Date, damage by casualty or condemnation (which events shall be governed by Articles 10 and 11) and reasonable wear and tear excepted. Except for such reasonable wear and tear, Tenant shall (i) repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall , (ii) patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the roof, floor, interior or exterior walls or ceiling of the Leased PremisesPremises and the Building, whether such penetrations were made with Landlord's approval or not. Tenant shall , and (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all if damage was caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removalTenant. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal; provided however, Tenant shall not be required to remove the Improvements installed pursuant to the Work Letter. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all reasonable costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Scientific Learning Corp)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom cleanclean and freshly repainted, when as existed at the Lease Commencement Date. Landlord, at Tenant’s expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant first took occupancy of shall pay the Leased Premisescost to restore (or replace as required), reasonable wear and tear exceptedsaid equipment to good working order. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's property’s signs. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant: shall replace all burned out light bulbs and damaged or stained light lenses, and shall repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law condition and Tenant shall be deemed to have impermissibly held over until paidsuch time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantswork is completed.

Appears in 1 contract

Samples: Acceptance Agreement (ArcSoft, Inc.)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Marvell Technology Group LTD

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, Premises and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased Premises, reasonable wear and tear exceptedLease Commencement Date(s). Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas Premises caused by Tenant's removal of Tenant's propertyproperty and all damage in the exterior of the Building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tilestile, wall coverings coverings, except for damage caused by Landlord or Landlord's agents, and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and repair and repaint all damaged walls. Landlord shall retain a mechanical contractor at Tenant's expense to service all heating, ventilating and air conditioning equipment, and Tenant shall pay the reasonable cost for the service and the cost to restore (or replace as required) said equipment to good working order. Tenant shall pay the costs of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas and/or Property [reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements Landlord has notified Tenant that it shall not be required to remove]. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. same [reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements Landlord has notified Tenant that it shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant not be required to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removalremove]. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, . Landlord may, at Tenant's expense, [after giving notice and time to perform], so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. , payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required and material work is completed [Landlord shall complete any work it performs in a reasonable time period], and Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 ("Holding Over") until such interest thereon, within ten (10) days of Landlord's billing Tenant for samework is completed. Tenant shall indemnify Landlord against loss or liability resulting to the extent such liability or _______ results from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Industrial Space Lease (Mattson Technology Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment’s equipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. Notwithstanding the foregoing, Tenant shall not be obligated to remove any improvements installed at the Leased Premises prior to the Lease Commencement Date. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. If Tenant fails to make such payment to Landlord within such ten (10) day period, the outstanding amount shall thereafter bear interest at the rate of ten percent (10%) per year. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Allion Healthcare Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment’s equipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Common Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Common Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair (reasonable wear and tear excepted) and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Common Areas (reasonable wear and tear excepted) and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Common Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Common Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. In addition to Tenant's obligations set forth in Paragraph 13.2, Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten twenty (1020) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Trident Microsystems Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph Paragraph at the expiration or sooner termination of this Lease, Landlord may, may at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord landlord for all costs incurred by Landlord in returning the Leased leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, as above set forth within ten (10) working days of Landlord's ’s billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitationlimitations, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Industrial Space Lease (Alphasmart Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesCommencement Date, reasonable wear and tear tear, damage by casualty and condemnation and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace as needed all light bulbs and ballasts in the Leased Premises. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements for alterations made by Tenant or at the request of Tenant that Landlord requested be removed at the expiration or sooner upon termination of the Leaseunder Paragraph 6.1, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten twenty (1020) days of Landlord's ’s billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Office Lease (Cortina Systems Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment’s equipment (including telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas Common Areas, the Property, and the Property Project to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear and damage caused by Landlord or Landlord’s employees, agents, contractors, or subcontractors (collectively with Landlord, the “Landlord Parties”) and casualty not caused by Tenant or Tenant Parties, excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Common Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Subject to the terms of Paragraph 9.3 below, Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Exclusive Use Common Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the applicable improvements were completed consented to, that it desired to have certain improvements Non-Standard Office Improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the this Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, : (A) remove any such improvements Non-Standard Office Improvements constructed or installed by Landlord or Tenant (including any backup generator or other mechanical equipment), but only if they had been identified as Non-Standard Office Improvements by Landlord at the time consented to pursuant to Paragraph 6.1 below or the Work Letter, as applicable, and (B) repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Exclusive Use Common Areas are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.C

Appears in 1 contract

Samples: Lease (Aruba Networks, Inc.)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, . Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniturefurnitures, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable excepting normal wear and tear exceptedtear. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's property’s removal of Tenant’s signs. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean all walls as reasonably required. Landlord shall retain a mechanical contractor reasonably acceptable to Tenant at Tenant’s expense to service all heating, ventilating, and air-conditioning equipment, and Tenant shall pay the cost for the service and the cost to restore said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises. Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord shall, within five business days after Tenant’s surrender of the Leased Premises, deliver to Tenant a written punch list identifying the items that cause the Leased Premises not to satisfy the required condition and Tenant shall have twenty business days thereafter to remedy such items. If Tenant fails to remedy all such items within such twenty business day period, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at an interest rate equal to the then maximum Xxxxx Fargo Bank prime lending rate of interest not prohibited or made usurious by law plus three percent (3%) until paid. , payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed, and Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for samework is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants. Prior to the expiration of the Lease upon Tenant’s request Landlord shall tour the Leased premises with Tenant and advise Tenant of the items of work that Landlord observes.

Appears in 1 contract

Samples: Acceptance Agreement (Lexar Media Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Common Areas and the Property to Landlord in the same good broom clean condition, broom clean, when Tenant first took occupancy of the Leased Premises, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Common Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall leave its telecommunications wiring and cabling labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. To the extent not caused by Landlord’s lack of maintenance or repairs as required hereunder, Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Common Areas and, where necessary, replace or resurface same. In the event that the condition set forth in Paragraph 15.1(a) below is satisfied but the Term of this Lease is not extended as provided in Article 15, then, subject to the terms of Paragraph 6.1 below, Tenant shall be required to remove all Specialized Non-Standard Improvements (as defined in Paragraph 6 hereofbelow) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal, but shall not be required to remove any other alterations, modifications, or improvements. If the Leased PremisesAs used herein, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

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

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy as existed at the Lease Commencement Date. Return of the Leased Premises, reasonable Premises to Landlord shall be subject to normal wear and tear exceptedtear, except that all systems shall be in good operating condition. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas Premises caused by Tenant's removal of Tenant's propertyproperty and all damage to the exterior of the Building caused by Tenant's removal of Tenant's removal of Tenant's property and all damage to the exterior of the building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls walls, or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and all painted walls. Tenant at its sole cost shall retain a mechanical contractor acceptable to Landlord to service all heating, ventilating, and air-conditioning equipment and restore (or replace as required) said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the die then maximum rate of interest not prohibited or made usurious by law Law unfit paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until paid. such time as such required work is completed, and Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13,2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for samework is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Industrial Space Lease (Gatefield Corp)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas Premises caused by Tenant's removal of Tenant's propertyproperty and all damage to the exterior of the building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface the same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant (provided such request is made at the time consent for the alteration is given) which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. Notwithstanding anything to the contrary, Tenant shall have the right at Tenant's sole election, to either remove or surrender at the end of the lease term those certain improvements to the Premises described in Exhibit D attached hereto. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum a rate of interest not prohibited or made usurious by law until paid. Tenant shall pay equal to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10%) per annum until paid, payable by Tenant to Landlord within thirty (30) days after receipt of a statement therefore from Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Adeza Biomedical Corp

Surrender of Possession. Immediately Subject to subparagraph 2.6(b) below, immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building Buildings and shall remove all of the Removable Tenant Improvements (as defined in Schedule 1 attached hereto), Specialized Tenant Improvements (as defined in the Work Letter), Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas Premises and the Property to Landlord in the same condition, broom clean, when as existed at the date Tenant first took occupancy of occupied the Leased PremisesPremises for conduct of its business, reasonable wear and tear tear, and casualty and condemnation (which are covered by Articles 10 and 11 hereof) excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas Premises caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building Buildings and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas Premises and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building Premises and the Outside Areas Property to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants. In the event this Lease terminates prior to the full 15 year four month term for any reason other than a default by Tenant (for example, if the Lease is terminated by Landlord or Tenant in accordance with Articles 10 or 11), then Tenant shall be permitted a period of sixty (60) days from the date of such termination to comply with the terms of this Paragraph 2.6. Notwithstanding subparagraph 2.6(a) above, Tenant shall not be required or permitted to remove (1) Existing Hazardous Materials or Landlord's Post Commencement Hazardous Materials (as defined in Paragraph 4.1l below) or (2) Landlord's Improvements (as such term is defined and illustrated on Schedule 1 attached hereto), provided that Landlord may require Tenant to remove any improvements that contain Hazardous Materials other than Existing Hazardous Materials or Landlord's Post Commencement Hazardous Materials (as defined in Paragraph 4.11 below), or that were not constructed or attached in compliance with all Laws and Private Restrictions.

Appears in 1 contract

Samples: Lease (Cell Genesys Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear tear, acts of God, condemnation, Excluded Hazardous Materials (defined in Section 4.7, below), and alterations with respect to which Landlord has not reserved the right to require removal excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and and, the paved surfaces of the Outside Areas and, where necessarynecessary and subject to the provisions of Section 13.12(c), pay Tenant's Share of the costs to replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified In addition, if directed to do so by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time Tenant requests Landlord's consent to any improvements constructed or installed by or on behalf of Tenant (including without limitation the improvements were completed that it desired to have certain improvements made contemplated by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Work Letter) Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. It is understood and agreed that unless Tenant's request for consent includes the following statement in bold type, Landlord shall be deemed to have reserved its right to require removal at the end of the term: "PURSUANT TO SECTION 2.6 OF OUR LEASE, UNLESS YOU, THE LANDLORD, STATE IN RESPONSE TO THIS REQUEST FOR CONSENT TO OUR INSTALLATION OF IMPROVEMENTS THAT YOU WILL REQUIRE REMOVAL OF SUCH IMPROVEMENTS AT THE END OF THE LEASE, YOU WILL BE DEEMED TO HAVE WAIVED YOUR ABILITY TO REQUIRE SUCH REMOVAL." If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten twenty (1020) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Simplex Solutions Inc

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in broom-clean condition. Notwithstanding the same conditionforegoing, broom cleanTenant shall have no obligation or liability to remove any and all Tenant Improvements (as defined in the Tenant Improvement Agreement attached hereto as Exhibit “D”) or any and all Alterations (as defined in Section 6.1 below) which have been approved in writing by Landlord during the Term and which, when Tenant first took occupancy at the time of the Leased Premisesgiving its approval, reasonable wear and tear exceptedLandlord does not designate in writing for removal. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's property’s signs. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean the floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean all painted walls. Tenant shall retain a mechanical contractor at Tenant’s expense to inspect all heating, ventilating, and air-conditioning equipment and such mechanical contractor shall deliver to Landlord a certificate certifying that all such equipment is in good working order and in good condition and repair, or else Tenant shall pay the cost for such mechanical contractor to service and restore (or replace as required) said equipment to good condition and repair and thereafter provide Landlord with written documentation thereof prior to the expiration or sooner termination of this Lease subject to Section 5.1A below. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that such damage is beyond normal wear and tear as determined by Landlord shall have notified or is deemed in its reasonable discretion. Additionally, Tenant shall, prior to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the this Lease, remove all Alterations constructed or installed by Tenant shallwhich Landlord, at the time of providing its consent to the construction or installation thereof, requests in writing be so removed by Tenant and Tenant shall repair all damage caused by such removal; provided however, at such time as Landlord provides to Tenant its written approval of any Alterations or modifications of the Leased Premises pursuant to Section 6.1, Landlord will indicate to Tenant whether such Alterations will be required to be removed upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article 2 at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements Alterations not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. , payable by Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days after receipt of a statement therefore from Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants. Landlord shall, beginning 100 days before expiration of this Lease, work with Tenant in good faith to develop a mutually agreeable list of Tenant’s surrender responsibilities.

Appears in 1 contract

Samples: Industrial Space Lease (Asyst Technologies Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property ’s Property (defined in Article 6 below) from within the Leased Premises, the Building Premises and the Outside AreasBuilding, and shall vacate and surrender the Leased Premises, the Building, the Outside Common Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy as existed following completion of the Leased Premisestenant improvements, if any, in accordance with this Lease, reasonable wear and tear tear, damage caused by Landlord or Landlord’s employees, agents, contractors, or subcontractors (collectively with Landlord, the “Landlord Parties”), casualty, condemnation, alterations that Tenant is expressly permitted to surrender and repairs and replacements that are not Tenant’s responsibility, excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building Buildings and the Outside Common Areas caused by Tenant's ’s removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal’s Property. If the Leased Premises, the Building, the Outside Areas Common Areas, the Property, and the Property Project are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's signs, ’s signs and property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Common Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Default Interest Rate until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten thirty (1030) days of Landlord's ’s billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of Tenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsbe excused.

Appears in 1 contract

Samples: By and Between (Palo Alto Networks Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, damage by casualty or condemnation (which events shall be governed by Articles 10 and 11) and reasonable wear and tear excepted. Except for such reasonable wear and tear, Tenant shall (i) repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall , (ii) patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the roof, floor, interior or exterior walls or ceiling of the Leased PremisesPremises and the Building, whether such penetrations were made with Landlord's approval or not. Tenant shall , (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall , (iv) repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal; provided however, Tenant shall not be required to remove the Tenant Improvements installed pursuant to the Work Letter. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, Premises and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear tear, damage from casualty and condemnation, and the Initial Tenant Improvements excepted. Landlord, at Tenant’s expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay the cost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's property’s signs. Tenant shall patch and refinish, refinish to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant, (other than the Initial Tenant Improvements), which Landlord or requests, at the time of consent to such improvements, be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property properly and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law condition and Tenant shall be deemed to have impermissibly held over until paidsuch time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantswork is completed.

Appears in 1 contract

Samples: Sublease (@Road, Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.any

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when as existed at the earlier of the (a) the date on which Tenant first took occupancy of occupied the Leased PremisesPremises pursuant to the Sublease (as defined in Section 14.3 hereof) or (b) the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas Areas, reasonable wear and tear excepted, and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. In addition to Tenant’s obligations set forth in Paragraph 13.2, Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, Premises and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear tear, damage from casualty and condemnation, and the Initial Tenant Improvements excepted. Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay the cost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant's removal of Tenant's property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's propertysigns. Tenant shall patch and refinish, refinish to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant, (other than the Initial Tenant Improvements), which Landlord or requests, at the time of consent to such improvements, be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property properly and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law condition and Tenant shall be deemed to have impermissibly held over until paidsuch time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantswork is completed.

Appears in 1 contract

Samples: Sublease (Va Software Corp)

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Surrender of Possession. Immediately Upon the expiration or earlier termination of the Lease Term, Tenant shall surrender the Leased Premises and all keys, gate cards, parking passes, security cards, and locks connected therewith to Landlord in good order and repair (ordinary wear and tear excepted). Any and all improvements, repairs, alterations and all other property attached to, used in connection with or otherwise installed upon the Leased Premises (i), shall, immediately upon the completion of the installation thereof, be an become Landlord’s property without payment therefor by Landlord, and (ii) shall be surrendered to Landlord upon the expiration or earlier termination of the Lease Term, except that any machinery, equipment or fixtures installed by Tenant and used in the conduct of the Tenant’s trade or business (rather than to service the Leased Premises or any of the remainder of the Building or Premises generally) and all other personalty of Tenant shall remain Tenant’s property and shall be removed by Tenant upon the expiration or earlier termination of the Lease Term, and Tenant shall promptly thereafter fully restore any part of the Leased Premises or the Building damaged by such installation or removal thereof. TENANT HOLDING OVER. If Tenant or any person claiming through Tenant shall not immediately surrender possession of the Leased Premises at the expiration or earlier termination of the Lease Term, the tenancy shall become month to month and the Landlord shall be entitled to recover compensation for such use and occupancy at the Base Rent plus an additional 5% of Base Rent, and Additional Rent payable hereunder as calculated for the last Rent Year prior to the expiration or upon the sooner earlier termination of this Lease, Tenant the Lease Term. Landlord shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property also continue to Landlord in the same condition, broom clean, when Tenant first took occupancy be entitled to retake or recover possession of the Leased Premises, reasonable wear and tear excepted. Tenant shall repair all damage to Premises as herein before provided in case of default on the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal part of Tenant's property. Tenant shall patch , and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred any loss or damage it may sustain by Landlord in returning reason of Tenant’s failure to surrender possession of the Leased Premises, Premises immediately upon the Building and expiration or earlier termination of the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paidLease Term. Tenant hereby agrees that all the obligation of Tenant and all rights of Landlord applicable during the Lease Term shall pay to Landlord the amount be equally applicable during such period of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantssubsequent occupancy.

Appears in 1 contract

Samples: Commercial Lease Agreement

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted, and shall repair all damage caused by such removal. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord, to the extent of damage beyond reasonable wear and tear. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas caused by Tenant in connection with removal activities and, where necessary, replace or resurface same. , provided, however, that if such damage is covered by Landlord's insurance, Tenant shall only be responsible for the deductible amount, if any. Notwithstanding the foregoing, Landlord reserves the right to require Tenant to remove all Specialized Improvements (any specialized improvements, including raised floor computer areas, vaults, and other improvements of such a nature as defined in Paragraph 6 hereof) identified not likely to be generally usable by likely future tenants of the Building. In the event Landlord pursuant to requires such removal, Tenant shall, upon the terms expiration or sooner termination of this Lease the Lease, remove any such improvements and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the any alterations, modifications or other improvements were completed that it desired to have certain such alterations, modifications or other improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such alterations, modifications or other improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.incurred

Appears in 1 contract

Samples: Lease (Adept Technology Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace remove all stained or damaged ceiling tiles, wall coverings and floor coverings Specialized Improvements (as defined in the Work Letter) identified by Landlord pursuant to the reasonable satisfaction of LandlordWork Letter and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface the same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the lesser of (i) that rate quoted by Xxxxx Fargo Bank, N.T. & S.A. from time to time as its prime rate plus 5% or (ii) the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten thirty (1030) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Ultratech Stepper Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building Building, if any (the foregoing shall not imply any right to place signs on the exterior of the Building, it being agreed that any such rights shall be pursuant to Paragraph 4.6 only) and shall remove all of alterations made which are specific to Tenant's equipmentspecific use unless the Building is scheduled for demolition upon the expiration or sooner termination of the Lease, Tenant's equipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas used by Tenant, including the Restricted Areas, and the Property to Landlord in the same conditiongood condition and repair, broom clean, when Tenant first took occupancy of the Leased Premises, reasonable wear and tear excepted. Upon the request of Landlord, Tenant shall repair all any damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. If the Building is not scheduled for demolition at the time Tenant vacates the Leased Premises, Tenant shall (a) patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall ; (b) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall ; and (c) repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Thirty (30) days prior to the expiration or earlier termination of the Lease, Landlord and Tenant shall remove all Specialized Improvements perform a walk-thru of the Leased Premises at which time Landlord shall indicate which improvements must be removed; provided, however, Tenant may request that such walk-thru occur up to one hundred twenty (as defined in Paragraph 6 hereof120) identified by Landlord pursuant days prior to the terms expiration or sooner termination of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removalLease. Additionally, to the extent that Landlord notifies Tenant in accordance with the foregoing sentence or if Landlord shall have notified or is deemed to have notified Tenant in writing at the time the installation of improvements were completed was approved by Lender that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, unless the Building is scheduled for demolition upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, signs and/or personal property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then lesser of ten percent (10%) or the maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten thirty (1030) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased PremisesPremises in the condition required herein, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsTenant.

Appears in 1 contract

Samples: Lease (Passionate Pet, Inc.)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased Premises, reasonable wear and tear exceptedLease Commencement Date. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas Premises caused by Tenant's removal of Tenant's propertyproperty and all damage to the exterior of the Building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint all painted walls. Landlord shall retain a mechanical contractor at Tenant's expense to service all heating, ventilating, and air-conditioning equipment, and Tenant shall pay the cost for the service and the cost to restore (or replace as required) said equipment to good working order. Tenant shall pay the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or excessive wear to the Leased Premises, Building, Outside Areas, and/or Property. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. , payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed, and Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for samework is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Virage Logic Corp

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Premises and/or the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areasshall remove Alterations if required hereunder, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas Premises caused by Tenant's removal of Tenant's propertyproperty Alterations (if required hereunder) including but not limited to spackling holes in walls and uniformly painting such, and all damage to the exterior of the Premises and/or the Building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair (or replace when the damage cannot be repaired to the satisfaction of Landlord), all stained or damaged ceiling tiles, movable wall partition panels, counter tops, wall coverings and floor coverings to the reasonable satisfaction of LandlordLandlord (for example, damage caused by moly bolts, wall fasteners or other damage to walls). Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant (including but not limited to all cabling and wiring, flooring) and repair all damage caused by such removal. The unit needs to be in the same condition it was rented in. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this LeaseParagraph, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such workmade. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with interest and in addition Tenant shall be liable to Landlord for Base Monthly Rent for the Premises in the amount stated in section 13.2 below (regardless if Tenant is not in possession of the Premises) until the Premises are returned to the required condition, plus interest, at the rate stated in Paragraph 3.4, on all costs so incurred from the date paid by Landlord at and the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for sameBase Monthly Rent as stated above. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease lease. If any personal property remains, or is left, at the Premises after the expiration or sooner termination of this Lease, then Landlord may, in its sole discretion, sell such personal property upon such terms and conditions as Landlord shall in its sole discretion decide. Landlord shall have all right, title and interest in and to succeeding tenantsall proceeds from said sale. Landlord may also discard, or otherwise dispose of such personal property and Landlord shall have no liability to Tenant or any other third party regarding such personal property. Tenant shall reimburse Landlord for any costs incurred in discarding such personal property. No act or thing done by Landlord or its agents during the term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same is made in writing and signed by Landlord.

Appears in 1 contract

Samples: Industrial Space Lease (SOS Hydration Inc.)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Premises and/or the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areasshall remove Alterations if required hereunder, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased PremisesPremises caused by Xxxxxx's removal of Xxxxxx's property Alterations (if required hereunder) including but not limited to spackling holes in walls and uniformly painting such, and all damage to the exterior of the Premises and/or the Building and the Outside Areas caused by TenantXxxxxx's removal of TenantXxxxxx's propertysigns. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair (or replace when the damage cannot be repaired to the satisfaction of Landlord), all stained or damaged ceiling tiles, movable wall partition panels, counter tops, wall coverings and floor coverings to the reasonable satisfaction of LandlordLandlord (for example, damage caused by moly bolts, wall fasteners or other damage to walls). Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant (including but not limited to all cabling and wiring) and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this LeaseParagraph, Landlord may, at TenantXxxxxx's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such workmade. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with interest and in addition Tenant shall be liable to Landlord for Base Monthly Rent for the Premises in the amount stated in section 13.2 below (regardless if Tenant is not in possession of the Premises) until the Premises are returned to the required condition, plus interest, at the rate stated in Paragraph 3.4, on all costs so incurred from the date paid by Landlord at and the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for sameBase Monthly Rent as stated above. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant Xxxxxx in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease lease. If any personal property remains, or is left, at the Premises after the expiration or sooner termination of this Lease, then Landlord may, in its sole discretion, sell such personal property upon such terms and conditions as Landlord shall in its sole discretion decide. Landlord shall have all right, title and interest in and to succeeding tenantsall proceeds from said sale. Landlord may also discard, or otherwise dispose of such personal property and Landlord shall have no liability to Tenant or any other third party regarding such personal property. Tenant shall reimburse Landlord for any costs incurred in discarding such personal property. No act or thing done by Landlord or its agents during the term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same is made in writing and signed by Xxxxxxxx.

Appears in 1 contract

Samples: Industrial Space Lease

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, supplies and wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, Building the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear tear, casualty and alterations Tenant is not required under this Lease to remove excepted. Tenant shall repair all damage to the Leased PremisesLeases premises, the exterior of to the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas andAreas, and where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that the Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, Building or the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such and interest thereon, thereon within ten thirty (1030) days of Landlord's Landlord billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, including without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Vivus Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear (and damage from casualty, which is covered by Article 10 hereof) excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Atheros Communications Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment’s equipment (excluding telecommunications wiring and cabling), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear damage by casualty and condemnation excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant Landlord to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace extent stained or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified damaged by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removalTenant. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the installation of improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or on behalf of Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, may at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Blue Coat Systems Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom cleanclean and freshly repainted, when as existed at the Lease Commencement Date. Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant first took occupancy of shall pay the Leased Premisescost to restore (or replace as required), reasonable wear and tear exceptedsaid equipment to good working order. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant's removal of Tenant's property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's propertysigns. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles or shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses, and shall repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law condition and Tenant shall be deemed to have impermissibly held over until paidsuch time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantswork is completed.

Appears in 1 contract

Samples: Lease (Centillium Communications Inc)

Surrender of Possession. Immediately prior to (a) Upon the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and and, subject to Section 6.2 below, shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased Premisestime the Improvement Work was completed, reasonable wear and tear (and casualty, which is covered by Article 10) excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall shall, subject to Section 6.2 below, remove all Specialized Improvements (as defined in Paragraph 6 hereofthe Work Letter) identified by Landlord pursuant to the terms of this Lease Work Letter and shall repair all damage to the Leased Premises, the Building and the Property caused by such the installation of the Specialized Improvements or their removal. AdditionallyIn addition, to and without limiting the extent foregoing, Landlord may requite that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed improvements, alterations or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered modifications to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and or the Outside Areas to the required conditionextent (a) Tenant made such improvements, together with interest on all costs so incurred from the date paid alterations or modifications without Landlord's consent as permitted by Paragraph 6.1, and (b) Tenant either (1) failed to request a determination by Landlord at the then maximum rate time the improvements, alterations or modifications were made as to whether the improvements, alterations or modifications could remain the expiration or earlier termination of interest not prohibited this Lease or made usurious by law until paid. (2) requested such determination and Landlord notified Tenant shall pay to Landlord at that time that the amount improvements, alterations or modifications-must be removed at the expiration or earlier termination of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantsLease.

Appears in 1 contract

Samples: Lease (Digital Island Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Sublease (Atheros Communications Inc)

Surrender of Possession. Immediately prior to On the expiration last day of the Lease Term, or upon on the sooner termination of this Leasethereof, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and peaceably surrender the Leased Premises, the Building, the Outside Areas Premises in good condition and the Property repair consistent with Tenant’s duty to Landlord in the same condition, broom clean, when Tenant first took occupancy of the Leased Premises, reasonable wear and tear exceptedmake repairs as herein provided. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at right within thirty (30) days after the expiration or sooner termination of this Lease, Landlord mayLease to require Tenant to remove, at Tenant's expense’s sole cost and expense any work or Alterations installed by or on behalf of Tenant and Tenant shall promptly complete such removal, so repairing any damage caused thereby to the reasonable satisfaction of Landlord, provided that Tenant shall not be obligated to remove or restore the initial Tenant's signs’s Work more particularly described in Exhibit E attached at the time of Xxxxxx’s surrender of the Premises, property and/or improvements not so removed and make such repairs and replacements not so made or hirebut if Tenant elects to remove any Tenant’s Work, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable obligated to Landlord for repair and restore any damage caused by such removal. On or before the last day of the Lease Term, or the date of sooner termination thereof, Tenant shall, at its sole cost and expense, remove all costs incurred by Landlord in returning of its merchandise and trade fixtures and equipment from the Leased Premises, the Building and the Outside Areas all property not removed shall be deemed abandoned. Tenant hereby appoints Landlord its agent to the required condition, together with interest on remove all costs so incurred property of Tenant from the date paid by Landlord Premises upon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, all at the then maximum rate sole cost and risk of interest Tenant, and Landlord shall not prohibited be liable for damage, theft, misappropriation or made usurious by law until paidloss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay to Landlord the amount of all costs so and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred plus such interest thereonby Landlord with respect to removal, within ten (10) days transportation, or storage of Landlord's billing abandoned property and with respect to restoring said Premises to good order, condition and repair. All modifications, improvements, alterations, additions and fixtures, other than Tenant’s trade fixtures and equipment, which have been made or installed by either Landlord or Tenant for sameupon the Premises shall remain the property of Landlord and shall be surrendered with the Premises as a part thereof. If the Premises are not surrendered at the end of the Lease Term or sooner termination thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant Xxxxxx in so surrendering the Leased Premises, including, without limitation, any including claims made by any succeeding tenants founded on such delay and any attorneys’ fees resulting therefrom. Tenant or any losses shall promptly surrender all keys for the Premises to Landlord with respect at the place then fixed for the payment of Rent and shall inform Landlord of combinations on any vaults, locks and safes left on the Premises. Landlord, by written notice to lost opportunities Tenant given at or prior to lease termination of this Lease, may require Tenant to succeeding tenantsremove any improvements, additions or installations installed by or on behalf of Tenant at the Premises at Tenant’s sole cost and expense, and to repair or restore any damage caused by the installation and removal of such improvements, additions, or installations.

Appears in 1 contract

Samples: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date set forth herein, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

Surrender of Possession. Immediately prior to Not later than the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations decorations, special improvements (as defined in Exhibit B) and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear tear, acts of God and condemnation excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten twenty (1020) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Aviron

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this LeaseSublease, Tenant Subtenant, at Subtenant’s sole cost and expense, shall remove all of Tenant's Subtenant’s signs from the exterior of the Building Building, if any, and Outside Areas, if any, shall perform all work described in Exhibit “E” attached hereto and incorporated herein, shall remove all of Tenant's equipmentSubtenant’s furniture (including, trade fixtureswithout limitation, chairs, tables, and office and cubicle furniture), supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and for the Property to Landlord Sublandlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesEffective Date, with all Building systems and equipment in good working order and condition, damage by casualty or condemnation (which events shall be governed by Articles 10 and 11) and reasonable wear and tear excepted. Tenant Except for such reasonable wear and tear, Subtenant shall (i) repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's Subtenant’s removal of Tenant's Subtenant’s property. Tenant shall , (ii) patch and refinish, to Head Landlord's ’s reasonable satisfaction, all penetrations made by Tenant Subtenant or its employees to the roof, floor, interior or exterior walls or ceiling of the Leased PremisesPremises and the Building, whether such penetrations were made with Landlord's Sublandlord’s approval or not. Tenant shall , (iii) repair or replace all stained ceiling tiles and wall coverings, provided that the same shall not apply in circumstance where Head Landlord agrees pursuant to an amendment to Head Lease that Sublandlord shall not be required to replace floor coverings or damaged ceiling tiles, wall coverings and tiles upon the expiration or sooner termination of the Head Lease (it being understood that no floor coverings in the Premises shall be deemed to have a useful life that extends beyond the reasonable satisfaction expiration or sooner termination of Landlord. Tenant shall the Head Lease), (iv) repair all damage caused by Tenant Subtenant after the Effective Date to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord Sublandlord shall have notified or is deemed to have notified Tenant Subtenant in writing at the time the alterations or improvements were completed that it desired to have certain alterations or improvements made by Tenant Subtenant or at the request of Tenant Subtenant removed at the expiration or sooner termination of the LeaseSublease, Tenant Subtenant shall, at Subtenant’s sole cost and expense, upon the expiration or sooner termination of the LeaseSublease, remove any such alterations or improvements constructed or installed by Landlord or Tenant Subtenant following the Commencement Date of this Sublease and Subtenant shall repair all damage caused by such removalremoval at its cost. Without limiting Subtenant's surrender obligations set forth in this Sublease, in order to assist Subtenant in meeting its surrender obligations, Sublandlord and Subtenant agree, upon the written request of either party given not earlier than sixty (60) days prior to the Sublease Expiration Date (as the same may be extended pursuant to Article 14 below), to conduct a walkthrough of the Leased Premises at a mutually convenient time and to use good faith efforts to identify and agree upon items that must be addressed by Subtenant to satisfy Subtenant's surrender obligations. If the Leased Premises, the Building, the Outside Areas and or the Property are not surrendered to Landlord Sublandlord in the condition required by this paragraph Section 2.6 at the expiration or sooner termination of this LeaseSublease, Landlord Sublandlord may, at Tenant's Subtenant’s cost and expense, so remove Tenant's Subtenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's Subtenant’s cost and expense, independent contractors to perform such work. Tenant Subtenant shall be liable to Landlord Sublandlord for all reasonable out-of-pocket costs and expenses incurred by Landlord Sublandlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant Subtenant shall pay to Landlord Sublandlord the amount of all costs reasonable out-of-pocket cost and expense so incurred plus such interest thereon, within ten thirty (1030) days of Landlord's Sublandlord’s billing Tenant Subtenant for same. Tenant Subtenant shall indemnify Landlord indemnify, defend and hold harmless Sublandlord against any and all loss or liability resulting from delay by Tenant Subtenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant Premises in a timely manner on or any losses before the Sublease Expiration Date (as the same may be extended from time to Landlord with respect time) upon and subject to lost opportunities to lease to succeeding tenantsthe terms and conditions of Section 18.2 below.

Appears in 1 contract

Samples: Juniper Networks Inc

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when as existed at the Lease Commencement Date (see attached). Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant first took occupancy shall pay the cost to restore (or replace as required), said equipment to good working order. Tenant shall pay as a project maintenance cost the cost of restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair any damage or wear to the Leased Premises, reasonable wear and tear exceptedBuilding, Common Areas, Outside Areas, and/or Property. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant's removal of Tenant's property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's propertysigns. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint as reasonably necessary all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant which Landlord or requests be so removed by Tenant and repair all damage caused by such removalremoval (see attached). If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with plus interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Law until paid. , payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed, and Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for samework is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant tenant or any losses to Landlord with respect due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

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

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of LandlordLandlord to the extent the condition of such items exceeds normal wear and tear. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Notwithstanding the foregoing, Landlord reserves the right to require Tenant shall to remove all Specialized Improvements (any specialized improvements, including raised floor computer areas, vaults, and other improvements of such a nature as defined in Paragraph 6 hereof) identified not likely to be generally usable by likely future tenants of the Building. In the event Landlord pursuant to requires such removal, Tenant shall, upon the terms expiration or sooner termination of this Lease the Lease, remove any such improvements and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Va Linux Systems Inc

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's ’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same as good condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesCommencement Date, damage by casualty or condemnation (which events shall be governed by Articles 10 and 11) and reasonable wear and tear excepted. Except for such reasonable wear and tear, Tenant shall (i) repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's ’s removal of Tenant's ’s property. Tenant shall , (ii) patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the roof, floor, interior or exterior walls or ceiling of the Leased PremisesPremises and the Building, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall , and (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all if damage was caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removalTenant. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the that particular improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal; provided however, Tenant shall not be required to remove any improvements installed prior to the Commencement Date. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all reasonable costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.. 4 ARTICLE 3 RENT, LATE CHARGES AND SECURITY DEPOSITS 3.1

Appears in 1 contract

Samples: Scientific Learning Corp

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's ’s signs from the exterior of the Building and shall remove all of Tenant's equipment’s equipment (including telecommunications wiring and cabling, unless Landlord otherwise elects), trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Common Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas Common Areas, the Property, and the Property Project to Landlord in broom clean condition and as existed on the same condition, broom clean, when Tenant first took occupancy of Lease Commencement Date (or as the Leased PremisesPremises may have been thereafter improved, subject to Tenant’s removal obligations set forth below), reasonable wear and tear excepted; provided however, that Tenant shall remove, prior to Lease expiration, any non-standard office improvements then-existing in the Leased Premises. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Common Areas caused by Tenant's ’s removal of Tenant's property’s property and non-standard office improvements as required hereunder. If Landlord elects by written notice to Tenant not later than ten (10) days prior to the termination or expiration of the Term to require Tenant to surrender Tenant’s telecommunications wiring and cabling, then Tenant shall leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord's ’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's ’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant (as opposed to wear and tear and natural deterioration) to the exterior surface of the Building and the paved surfaces of the Outside Common Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified notifies Tenant in writing at the time the improvements were completed that it desired desires to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the LeaseLease (including, without limitation, the Tenant Improvements), Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. However, Tenant shall not be required to remove any improvements or alterations that are for first class general office use. If the Leased Premises, the Building, the Outside Areas Common Areas, the Property, and the Property Project are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's ’s expense, so remove Tenant's ’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's ’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Common Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law Default Interest Rate until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's ’s billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of Tenant completing all or any portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property Premises to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear tear, damage from casualty and condemnation, and the Initial Tenant Improvements excepted. Landlord, at Tenant's expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay the cost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises, Premises caused by Tenant or by Tenant's removal of Tenant's property and all damage to the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's propertysigns. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tilestiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, Tenant shall, prior to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the this Lease, remove any such improvements constructed or installed by Tenant, (other than the Initial Tenant Improvements), which Landlord or requests, at the time of consent to such improvements, be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property Premises are not surrendered to Landlord in the condition required by this paragraph Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas Premises to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law condition and Tenant shall be deemed to have impermissibly held over until paidsuch time as such required work is completed. Tenant shall pay to Landlord Base Monthly Rent and Additional Rent in accordance with the amount terms of all costs so incurred plus Section 13.2 (Holding Over) until such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenantswork is completed.

Appears in 1 contract

Samples: Va Linux Systems Inc

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, damage by casualty or condemnation (which events shall be governed by Articles 10 and 11) and reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at a rate equal to the greater of (a) 12%, or (b) the sum of that rate quoted by Wellx Xxxgo Bank, N.T. & S.A. from time to time as its prime rate, plus two percent (2%) ("Wellx Xxxme Plus Two"), but no event greater than the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Webex Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal person property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of as existed at the Leased PremisesLease Commencement Date, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall not be required to remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant the initial Improvement Work to the terms extent such Improvement Work relates to non-specialized improvements or alterations installed on Tenant's behalf, such improvements shall remain on the Leased Premises upon expiration or prior termination of this Lease unless Landlord elects to require that Tenant at its sole cost remove such improvements, in which event Tenant shall remove such improvements and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. Landlord agrees upon specific written request by Tenant at the time Tenant shall submit its final improvement drawings for approval by Landlord to notify Tenant in writing which such Improvement Work Landlord will require Tenant to remove from the Premises upon expiration of the Lease Term pursuant to the foregoing. Notwithstanding anything to the contrary hereinabove, Tenant shall have the right to remove any trade fixtures and other personal property belonging to Tenant that do not constitute permanently installed fixtures, as well as the lab benches and items set forth in Section 6.2 attached hereto. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.in

Appears in 1 contract

Samples: Introbiotics Phamaceuticals Inc

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, when Tenant first took occupancy of the Leased Premises, reasonable wear and tear excepted. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant's removal of Tenant's property. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Tenant shall remove all Specialized Improvements (as defined in Paragraph 6 hereof) identified by Landlord pursuant to the terms of this Lease and shall repair all damage to the Leased Premises, the Building and the Property caused by such removal. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements Improvements were completed that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If the Leased Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in the condition required by this paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises, the Building and the Outside Areas to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of interest not prohibited or made usurious by law until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord's billing Tenant for same. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Digital Microwave Corp /De/)

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