Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.

Appears in 3 contracts

Samples: Lease Agreement (Cracker Barrel Old Country Store, Inc), Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Lease Agreement (Cracker Barrel Old Country Store, Inc)

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Surrender of Premises. Upon No act by Landlord 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 it is in writing and signed by Landlord. At the expiration of this Lease pursuant to its terms (or, in the event of a or termination of this Lease on a date other than or Tenant’s right to possess the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Premises, Tenant shall surrender (a) deliver to Landlord the Premises, including Premises broom-clean with all improvements including Alterations constructed located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 Tenant, as to which Sections 14 and 15 shall control, and reasonable wear and tear, defined below), with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment free of any liens or encumbrances and other Personal Property installed or free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the Premises and all access cards to the Project; (c) remove all unattached trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party, including all connections for such cabling, at Tenant’s sole cost (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of the Term, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling [including conduit], whether located in the Premises or elsewhere in the Project, and if Landlord so elects, Tenant covenants that such cabling (and all pre-existing cabling in the Premises installed by previous tenants and used by Tenant) (collectivelyshall be left in a neat and safe condition in accordance with the requirements of all applicable Laws, “Tenant’s Personal Property”)including the National Electric Code or any successor statute, free and clear shall be terminated at both ends of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) a connector, properly labeled at each end and in compliance with Laws each electrical closet and junction box); and (includinge) remove such alterations, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterationsadditions, improvements, replacements or additions constructed by Tenant and remaining at Tenant’s Off-Premises Equipment as Landlord may require and restore the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation areas surrounding such Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the foregoinginstallation of such Tenant’s Off-Premises Equipment; however, at least 90 days Tenant shall not be required to remove the existing safety shower or any addition or improvement to the Premises or the Project (including wiring and cabling) if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Upon Tenant’s written request made no earlier than six months prior to the expiration of the Term but not more than 180 days prior to such expirationTerm, Landlord may commissionshall notify Tenant whether Landlord shall require Tenant to remove all wiring, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site cabling and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment conduit installed in or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on about the Premises or the Project by any Tenant or any subtenant or assignee of TenantParty during the Term, if not removed within fifteen (15) days after termination or expiration of this Lease The term “reasonable wear and tear” as used herein shall be deemed abandoned mean such reasonable, normal and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises customary wear and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.tear

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

Surrender of Premises. Upon At the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than the scheduled Expiration Date or Tenant’s right of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))possession hereunder, Tenant shall surrender to Landlord remove all Required Removables (if any) under Section 8.03, remove all Tenant’s Property from the Premises, including remove all improvements including Alterations constructed signage installed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 belowor on behalf of Tenant, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on quit and surrender the Premises by Tenant) (collectivelyto Landlord, “Tenant’s Personal Property”)broom clean, free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (includinggood order, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Daterepair, reasonable wear and tear tear, taking by eminent domain, damage by Casualty and damage from fire and elements of the Premises which Landlord is obligated to repair hereunder excepted. Tenant shall repair any damage caused by the installation or other casualty excepted, and removal of Tenant’s Property or Required Removables or Tenant’s signage. If Tenant fails to remove any new buildings, alterations, improvements, replacements of Tenant’s Property or additions constructed by Tenant and remaining at to restore or repair the Premises, in Premises to the same or better required condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to provided herein upon the expiration of the Term of this Lease (or, as applicable, within two (2) days after any earlier termination of this Lease or Tenant’s right to possession hereunder), then Landlord, at Tenant’s sole cost and expense, shall be entitled, but not more than 180 obligated, to remove and store Tenant’s Property and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation, or safekeeping of Tenant’s Property, and Tenant shall pay to Landlord, upon demand, the expenses and storage charges so incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days prior to such expirationafter notice, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of deem all or any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any part of Tenant’s Personal Property installed to be abandoned and, at Landlord’s option, subject to applicable Laws, title to Tenant’s Property shall vest in Landlord or placed on the Premises by Tenant or any subtenant or assignee Landlord may dispose of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of ’s Property in any manner Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlorddeems appropriate.

Appears in 3 contracts

Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Ikena Oncology, Inc.)

Surrender of Premises. Upon the expiration termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation Subject to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment andLandlord’s rights under Section 23 hereof, if recommended by the Phase I site assessment, a Phase II site assessment of Tenant fails to remove any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on within one (1) day after the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment Lease, or offset therefor if Landlord so elects. If Landlord shall not so electTenant’s right to possession hereunder, Landlord may remove such property from the Premises and have it stored Landlord, at Tenant’s risk sole cost and expenseexpenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall repair pay Landlord, upon demand, any and restore and save Landlord harmless from all damage to the Premises reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by LandlordTenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.

Appears in 3 contracts

Samples: Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (orTermination Date, in the event of a or upon any earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))hereof, Tenant shall quit and surrender possession of the Premises to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (order and condition as the Premises are now or better) condition and repair as existed as of the Commencement Datehereafter may be improved by Landlord or Tenant, reasonable wear and tear and damage repairs which are Landlord’s obligation and Damage from fire or other casualty excepted. Upon such termination, Tenant shall inform Landlord of all combinations on locks, safes and any new buildingsvaults, alterationsif any, improvementsin the Premises and shall, replacements without expense to Landlord, remove or additions constructed by Tenant and remaining at cause to be removed from the Premises, in the same all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other articles of personal property owned by Tenant or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant at its expense in the Premises, and all similar articles of any other persons claiming under Tenant unless Landlord exercises its option to have any subleases or any subtenant or assignee of Tenantsubtenancies assigned to Landlord, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises and the Building Property resulting from such removal. Prior to surrendering the Premises, Tenant shall repair any damage caused by such the removal of Tenant’s property, including Tenant’s signs, and any Alterations designated in writing by Landlord (at the time of plan approval by Landlord) to be removed, including without limitation, the repair of the floor, and the patching and painting of the walls, all at Tenant’s sole cost and expense. As a matter of clarification, this section shall survive the termination of this Lease and a breach of this Section 20.2 entitles Landlord, after notice and lapse of any applicable cure periods, to all of its remedies hereunder including the indemnity under Section 16.1.

Appears in 3 contracts

Samples: Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp)

Surrender of Premises. Upon the expiration Expiration Date or earlier termination of this Lease pursuant Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its terms (cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the event case of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord Lines exclusively serving the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove anywhere in accordance with Section 13 belowthe Project, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) the Building plenum, risers and in as good (or better) condition all conduits, and repair all damage to the Project caused by such removal as existed as follows: (i) in the case of the Commencement expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoingunless Landlord notifies Tenant, at least 90 thirty (30) days prior to the expiration Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment earlier termination of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofthis Lease, Tenant shall reimburse remove such Lines and repair such damage promptly after receipt of a notice from Landlord for the cost of requiring such Phase I removal and Phase II site assessments upon written demand from Landlordrepair. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if Lines not required to be removed within fifteen (15) days after termination or expiration of pursuant to this Lease Section shall be deemed abandoned and become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any payment liability to Tenant for loss or offset therefor if Landlord so elects. If Landlord shall not so electdamage thereto or loss of use thereof, Landlord may remove store such property from the Premises and have it stored in Tenant’s name at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to expense and/or dispose of the Premises caused same in any manner permitted by such removal by Landlordlaw.

Appears in 3 contracts

Samples: Into Lease and Purchase Option (PACIFIC GAS & ELECTRIC Co), Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)

Surrender of Premises. Upon At the expiration of this Lease pursuant to its terms (or, in the event of a Term or earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, except as promptly as commercially practicable thereafter (but provided below in any event within fifteen (15) days thereafter))Section 10.2.1, Tenant shall surrender the Premises to Landlord the Premises(a) in good condition and repair (damage by acts of God, including casualty, and normal wear and tear excepted), but with all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 13 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease, or any damage or deterioration due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors. Except as set forth below in Section 10.2.1, on or before the expiration or earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, with (ii) any Alterations Landlord may require Tenant, by notice to Tenant given at or about the time of Landlord’s granting of consent to their installation, to remove, and Tenant shall repair any damage caused by all fixtures appurtenant thereto (but not including furnishingsof such removal activities, at Tenant’s sole expense. “Tenant’s Property” means all equipment, trade fixtures, furniturefurnishings, computersall telephone, telephone systemsdata, machinery, equipment and other Personal Property cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or placed on caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Landlord may elect to take responsibility to remove any such wiring or cabling installed above the ceiling or beneath the floors of the Premises, in which case Tenant shall pay Landlord for the actual cost incurred by Landlord therefor, (together with a five percent (5%) supervision/administration fee) within thirty (30) days after being billed for the same. All Alterations except those which Landlord requires Tenant to remove, shall remain in the Premises as the property of Landlord. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all Claims (defined below) (collectively, “Tenant’s Personal Property”), free and clear of x) arising from any occupants or tenancies (including subtenancies) (other than subtenants under subleases as delay by Tenant in effect on so surrendering the date hereof) and in compliance with Laws (Premises including, without limitation, Environmental Lawsany Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay and (y) and in as good (or better) condition and repair as existed as suffered by Landlord due to lost opportunities to lease any portion of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation Premises to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment succeeding tenant or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlordprospective tenant.

Appears in 2 contracts

Samples: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen ten (1510) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 belowtherein, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen ten (1510) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Big Lots Inc), Lease Agreement (Big Lots Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a or other termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Term, Tenant shall quit and surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove broom clean, in accordance with Section 13 belowgood order and condition, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable ordinary wear and tear and damage from fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted, and any new buildings, alterations, improvements, replacements Tenant shall remove all of its property pursuant to Article 3 hereof. Tenant's obligation to observe or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term but or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not more than 180 days prior surrendered to such expirationLandlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment have hereunder or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofat law, Tenant shall reimburse pay to Landlord for the cost each month and for each portion of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on any month during which Tenant holds over in the Premises by after the Expiration Date or sooner termination of this Lease, a sum equal to three (3) times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after sooner termination or expiration of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed abandoned and become to be other than on account of the property amount to be paid by Tenant in accordance with the provisions of Landlord without any payment this Article 21, which provisions shall survive the Expiration Date or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlordsooner termination of this Lease.

Appears in 2 contracts

Samples: Execution Original (Intralinks Inc), Execution Original (Intralinks Inc)

Surrender of Premises. Upon Section 1 5.0 1. Tenant shall, upon the expiration of this Lease pursuant to its terms (or, in the event of a or termination of this Lease on a date other than the scheduled Expiration Date of this Leasefor any reason whatsoever, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the buildings, structures and building equipment then upon the Demised Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, together with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment alterations and other Personal Property installed or placed replacements thereof then on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Demised Premises, in the same or better good order, condition as when completedand repair, that the Demised Premises are in on the completion of the construction contemplated hereby, except for reasonable and ordinary wear and tear. (Wherever the term “reasonable and ordinary wear and tear” is used in this Lease, it should be understood to contemplate that Tenant will have performed a reasonable maintenance program during the term hereof.) At the expiration of termination of this Lease for any reason whatsoever, Landlord shall have the right, at Landlord’s sole cost and expense, to inspect the Demised Premises through an independent licensed engineer and/or contractor in order to determine that all portions of the Demised Premises are in such good condition, ordinary wear and tear excepted. Any repairs deemed necessary in the opinion of the inspecting agent may be paid for out of proceeds of the Security Deposit. Title to all of Tenant’s trade fixtures, furniture and damage from fire equipment (other than building equipment) installed in the Demised Premises shall remain in Tenant, and upon expiration or other casualty excepted. Without limitation termination of this Lease, the same may and, upon the demand of Landlord, shall be removed and any resultant damage to the foregoingDemised Premises shall be repaired, by and at least 90 days prior to the expense of Tenant; provided, however, that if, upon any such expiration or other termination of this Lease, Tenant shall be delinquent or in default under any of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date provisions hereof, Tenant shall reimburse Landlord for the cost of not, without Landlord’s prior written consent, be entitled to remove any such Phase I trade fixtures, furniture or equipment unless and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed until such delinquency or placed on the Premises default shall have been cured, and if such delinquency or default shall not have been cured by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen thirty (1530) days after termination the date of such expiration or expiration termination, all such trade fixtures, furniture and equipment of this Lease shall Tenant shall, at Landlord’s option, be deemed abandoned and become the absolute property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Asbury Automotive Group Inc)

Surrender of Premises. Upon On or before the termination of the Lease Term, or upon any termination of Tenant’s right to possession of the Premises, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear excepted, with all interior walls, floors and floor coverings cleaned, and otherwise in the condition required under this Section 27. The term “normal wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of all its obligations under this Lease. On or before the expiration or sooner termination of the Lease Term (or such later date following any earlier termination of this Lease pursuant as hereinafter provided), Tenant shall (a) remove (i) all Tenant Improvements constructed by Tenant under the Work Letter and Construction Agreement that Landlord identifies at the time Landlord approves the Final Plans that Landlord deems Specialized Alterations, (ii) all of Tenant’s FF&E and phone and data cabling from the Project; except those that Landlord has, if at all, confirmed in writing (within the time period hereinafter provided) shall be left in place; and any other Alterations that Landlord required in writing be removed at the time Landlord gave its consent thereto Pursuant to its terms Section l0(a); and (b) fully repair any damage to the Premises or other portions of the Project caused by the removal of any of the foregoing items. Landlord may, by written notice to Tenant given at any time at least nine (9) months prior to the Expiration Date (or, in the event of a termination of this Lease on a date other than prior to the scheduled Expiration Date of this LeaseDate, as promptly as commercially practicable thereafter at any time within thirty (but in any event within fifteen (1530) days thereafter)following written notice of such termination), confirm the obligation of Tenant to either remove or leave in place any or all Specialized Alterations, but failure to provide any such written notice shall surrender not change any of Tenant’s obligations with respect to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove removal of Tenant’s property and the other matters hereinabove provided in accordance with this Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “25. Any of Tenant’s Personal Property”)property not removed from the Project by Tenant as required herein shall be deemed abandoned and may be retained, used, stored, removed or disposed of by Landlord as Landlord sees fit in the exercise of its sole discretion, and Tenant waives all claims against Landlord resulting therefrom. Without limiting the generality of the foregoing, Tenant waives any of the rights and benefits under Civil Code Sections 1980-1993 relating to the disposition of abandoned personal property and agrees that title to any such personal property, free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (includingliens, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as shall pass to Landlord upon written notice to Tenant of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation Landlord’s exercise of its right to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of retain any such Site and Tenantpersonal property. Within ten (10) days following Landlord’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofinvoice therefor, Tenant shall reimburse Landlord for the cost all costs incurred by Landlord in (x) storing, removing or disposing of such Phase I and Phase II site assessments upon written demand from Landlord. Any of any abandoned Tenant’s Personal Property installed or placed on the Premises by Tenant or property; and (y) repairing any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises or Project caused by Tenant, but only to the extent the making of (or payment for) such removal repairs is the responsibility of Tenant under this Lease; and (z) removing any Tenant Improvements that Tenant was required to remove, and all repair and restoration work necessitated by Landlordsuch removal. Tenant represents and warrants that no other person shall have any ownership or use interest in Tenant’s FF&E, Alterations, Specialized Alterations and Tenant Improvements as of the Expiration Date or sooner termination of this Lease. Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the combination of all combination locks which Tenant is required to leave on the Premises. All Tenant’s obligations under this Section 25 shall survive the expiration or sooner termination of this Lease.

Appears in 2 contracts

Samples: Retail Lease (Slack Technologies, Inc.), Letter and Construction Agreement (Slack Technologies, Inc.)

Surrender of Premises. Upon On the expiration of this Lease pursuant to its terms (or, in Expiration Date or the event of a earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender the Premises and every part and system thereof to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) broom clean and in as good (or better) condition and repair as existed as of the Commencement Datedelivered to Tenant, reasonable wear and tear tear, condemnation and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant free of all debris and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or Hazardous Materials placed on the Premises by Tenant or any subtenant Tenant Parties and in full compliance with all requirements of Section 9.6 above. Unless Landlord has required removal pursuant to Section 7.3 above, Tenant's initial Tenant Improvements made by or assignee for Tenant render the Work Letter and all other improvements, alterations and additions made by or for Tenant to the Premises in accordance with Section 7.3 of Tenantthe Lease, if shall become part of the Premises on the Expiration Date or earlier termination of this Lease and be surrendered, together with the Premises, to Landlord in good, serviceable and operating condition, reasonable wear and tear, condemnation and casualty excepted. Tenant shall remove all of its trade fixtures, equipment and personal property and signs, provided such removal will not adversely affect the structural integrity of the Premises. Any property not so removed within fifteen ten (1510) days after the Expiration Date or earlier termination or expiration of this the Lease shall be deemed abandoned by Tenant and shall become the Landlord's property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, which Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expenseuse, remove, or dispose of in accordance with California Civil Code Section 1980 et seq. or any successor statutes thereto. Tenant shall repair reimburse Landlord for any cost incurred by Landlord in such removal, storage or disposition, or in repairing or restoring the Premises. Tenant shall further defend and restore indemnify Landlord against all claims, losses, costs, expenses, actions, judgments, damages and save Landlord harmless liabilities resulting from all damage to Tenant's failure and delay in surrendering the Premises caused as above provided including, without limitation, any claim made by any succeeding tenant of the Premises resulting from or related to such removal by Landlordfailure to surrender, which indemnification and defense obligations shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

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

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a expira- tion or earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Term, Tenant shall deliver up and surrender to Landlord possession of the Premises, including all alterations, additions, improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 belowand fixtures, with all fixtures appurtenant thereto (but not including furnishings, other than Tenant's trade fixtures, furniturein good order, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as state of the Commencement Daterepair, reasonable ordinary wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining shall deliver all keys to the Premises to the office of Landlord at the Premises, in the same Shopping Center or better condition as when completed, reasonable wear and tear and damage from fire or other casualty exceptedotherwise directed by Landlord. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within have fifteen (15) days after termination or expiration the date the Term of this Lease shall be deemed abandoned and become the property of Landlord without any payment expires or offset therefor if Landlord so elects. If Landlord shall not so electearlier terminates to remove its personal property, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. trade fixtures; provided, however, that (a) Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused resulting from or arising out of such removal, (b) during such period Tenant shall perform and be liable for all obliga-tions and condi-tions imposed on Tenant hereunder except for the payment of Rent, including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. The obligations set forth in the preceding sentence shall survive the termination of this Lease. Any property of Tenant not removed from the Premises within such fifteen (15) day period shall be deemed abandoned. In addition to all other remedies available, Landlord may, but shall not be obligated to, retain or dispose of any or all such property without liability to Tenant. In the event that Landlord elects to dispose of such property, Landlord shall so notify Tenant, and Tenant shall, no later than ten (10) days after such notice, remove all such property from the Premises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and Tenant shall pay to Landlord, on demand, all costs and expenses incurred by Landlord in disposing of such removal by Landlordproperty, including, without limitation, reasonable attorneys' fees and disbursements, together with interest thereon, calcu- lated at the Interest Rate, from the date Landlord ex-pended such amounts.

Appears in 2 contracts

Samples: Store Lease Agreement (Gottschalks Inc), Store Lease Agreement (Gottschalks Inc)

Surrender of Premises. Upon On the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date or other termination of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall will peaceably quit and surrender to Landlord City the Premises, including all improvements including together with the Alterations constructed approved by City that City does not require Tenant therein that Landlord has not requested that Tenant remove to remove, in accordance with Section 13 belowgood order and condition, with all fixtures appurtenant thereto (but not including furnishingsexcept for normal wear and tear, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on further except for any portion of the Premises by Tenant) (collectively, “Tenant’s Personal Property”), condemned and any damage and destruction for which Tenant is not responsible under this Lease. The Premises will be surrendered free and clear of any occupants or tenancies (including subtenancies) (all liens and encumbrances other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present those existing as of the date hereofof this Lease and any other encumbrances created by City. Immediately before the Expiration Date or other termination of this Lease, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any will remove all of Tenant’s Personal Property as provided in this Lease, and repair any damage resulting from that removal; provided, in City’s sole discretion, City may, by written notice to Tenant, reserve ownership of any telecommunications equipment, wire, cabling, and/or conduit installed or placed on in the Premises by Tenant or any subtenant other portion of the Property by or assignee on behalf of Tenant. If the removal is not completed at the expiration or other termination of this Lease, if not removed City may perform the removal at Tenant’s expense. Notwithstanding anything to the contrary in this Lease, at any time before the Expiration Date or within fifteen five (155) days after termination of this Lease, City may elect to require Tenant to remove, at Tenant’s sole expense, all or part of the Alterations, or other improvements or equipment constructed or installed by or at Tenant’s expense, including any telecommunications equipment, wires, cabling, and/or conduit installed in the Premises or any other portion of the Property by or on behalf of Tenant. Tenant will promptly remove those items and repair, at no cost to City, any damage to the Premises or the Property resulting from the removal, or if Tenant fails to repair, City may do so at Tenant’s expense. Tenant’s obligations under this Section will survive the expiration or sooner termination of this Lease. At City’s option, any items of Tenant’s Personal Property remaining in the Premises or Common Areas after the Expiration Date or sooner termination of this Lease shall may be deemed abandoned and become disposed of in accordance with Section 1980 et seq. of the property California Civil Code or in any other manner allowed by Legal Requirements. Concurrently with the surrender of Landlord without any payment or offset therefor the Premises, if Landlord so elects. If Landlord shall not so electrequested by City, Landlord may remove such property from Tenant will execute, acknowledge, and deliver to City a quitclaim deed to the Premises and have it stored at any other instrument reasonably requested by City to evidence the termination of Tenant’s risk leasehold estate and expense. Tenant shall repair and restore and save Landlord harmless from all damage to effect the transfer or vesting of title to the improvements or equipment that remain part of the Premises caused by such removal by Landlordor Common Areas. The terms of this Section will survive the expiration or termination of this Lease.

Appears in 2 contracts

Samples: Lease, Lease

Surrender of Premises. Upon the expiration or other termination of this Lease pursuant Lease, Tenant shall quit and surrender to its terms Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in good condition and state of repair, excepting only (ori) reasonable wear and tear and (ii) casualty damage and condemnation loss, reasonable wear and tear only excepted. If Tenant is not then in default, Tenant shall remove all personalty and equipment not attached to the event Demised Premises which it has placed upon the Demised Premises including any signage installed by Tenant, computers and related equipment including peripheral equipment and tape and disk vaults, all projectors and projection screens and related equipment, blackboards whiteboards, tackboards, and other display units, telephone systems, cipher locks and electronic security systems, paging systems, kitchen equipment, including but not limited to any refrigerators, microwave ovens, dishwasher, disposal, trash compactor, or other built-in kitchen equipment, phone system equipment including patch panel and subfeed panel locations for such phone system, fire suppression systems, CRT patch panels, and Tenant shall restore the Demised Premises to the condition immediately preceding the time of a placement thereof excepting only (i) reasonable wear and tear and (ii) casualty damage and condemnation loss. If Tenant shall fail or refuse to remove all of Tenant's effects, personalty and equipment from the Demised Premises upon the expiration or termination of this Lease on a date for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, such effects, personalty and equipment shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), party and without obligation to account for them. Tenant shall surrender to pay Landlord on demand any and all reasonable expenses incurred by Landlord in the Premisesremoval of such property, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or repairing any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises Building or Project caused by the removal of such removal by Landlordproperty and storage charges (if Landlord elects to store such property). The covenants and conditions of this Article 32 shall survive any expiration or termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Indus International), Lease Agreement (TSW International Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen thirty (1530) days thereafterthereafter during which 30-day period Tenant shall be liable for holdover rent pursuant to Section 30 hereof)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested and all Personal Property (other than Alterations that Tenant is required to remove in accordance with Section 13 below, with 14 below and expressly excluding any and all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws Law (including, without limitation, Environmental Laws) ), to the extent required by Section 12 and Section 28, and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completedrequired pursuant to Section 11, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to Upon the expiration or earlier termination of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofthis Lease, Tenant shall reimburse Landlord for have the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any right to remove any or all of Tenant’s Personal Property ​ ​ installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed in which case Tenant shall be responsible for repairing any and all damage to the Premises caused by said removal. In the event Tenant fails to remove all of Tenant’s Personal Property from the Premises within fifteen thirty (1530) days after expiration or earlier termination or expiration of this Lease shall Lease; then any such Tenant’s Personal Property not so removed shall, at Landlord’s election, be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored or discarded at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord, except to the extent caused by the gross negligence or willful misconduct of Landlord or any Landlord’s Representatives. Notwithstanding anything to the contrary contained herein, in the event that any applicable EV Agreements are still in force at the expiration or earlier termination of this Lease, unless requested by Landlord, Tenant shall not remove the EV Equipment and such EV Equipment shall become the property of Landlord without any payment or offset therefor.

Appears in 2 contracts

Samples: Lease Agreement (Sierra Bancorp), Agreement for Purchase (Sierra Bancorp)

Surrender of Premises. Upon the Tenant shall, upon expiration of this Lease pursuant to its terms (or, in the event of a or sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender the Premises to Landlord the Premisesbroom clean, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (includinggood order, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Daterepair, reasonable ordinary wear and tear and damage which Tenant is not obligated to repair excepted. Without limiting the other provisions of this Section, (a) all space in the Premises shall be clean, well-maintained and presentable for re-leasing; (b) any damage in excess of ordinary wear and tear shall be repaired; (c) all damaged or inoperable window coverings shall be repaired or replaced; (d) any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational; (e) all doors and door hardware shall be operational and without visible damage; and (f) all interior partition glass shall be cleaned. No damage shall be considered ordinary wear and tear if it should have been repaired to satisfy the Tenant’s ongoing obligation to maintain the Premises under this Lease. Tenant shall, at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s furniture, work stations, furnishings, equipment, movable partitions of less than full height from fire or floor to ceiling and other casualty exceptedtrade fixtures and personal property (collectively, and any new buildings, alterations, improvements, replacements or additions constructed “Personal Property”). Personal Property not so removed shall be deemed abandoned by Tenant and remaining at the Premises, in title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personal Property, as well as any damage caused by such removal. At or better condition as when completedbefore the time of surrender, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance Tenant shall comply with the terms of the Lease Section 9 hereof with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as removal of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property Alterations from the Premises and have it stored at Tenant’s risk and expenseall other matters addressed in such Section. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall repair and restore and save give written notice to Landlord harmless from all damage at least thirty (30) days prior to vacating the Premises caused and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. If Tenant does not give such removal by notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. If Tenant does not carry out its obligations under this Section before the Expiration Date, Landlord may consider Tenant to be in possession of the Premises until such work has been completed and the provisions of Section 19 shall apply.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Redfin CORP)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Sitethe Premises, for purposes of confirming the environmental condition of any such Site the Premises and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Cracker Barrel Old Country Store, Inc), Lease Agreement (Cracker Barrel Old Country Store, Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, Tenant shall peaceably surrender the Premises to Landlord broom-clean and in the same condition as promptly on the date Tenant took possession (a) except for reasonable wear and tear, loss by fire or other casualty and loss by condemnation, and (b) with all removal, restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Notwithstanding the foregoing, Tenant will not be required to remove any improvements or alterations existing in the Premises as commercially practicable thereafter (but in of the date of full execution and delivery of this Lease. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any event within fifteen (15) days thereafter))time during the Term; provided that, if any of Tenant’s Property is removed, Tenant shall surrender promptly repair any damage to Landlord the PremisesPremises or to the Building resulting from such removal. If Tenant abandons or surrenders the Premises or is dispossessed by process of law or otherwise, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal any of Tenant’s Property installed or placed left on the Premises shall be deemed abandoned, and, at Landlord’s option, title shall pass to Landlord under this Lease as by Tenant) (collectively, “a xxxx of sale. If Landlord elects to remove all or any part of such Tenant’s Personal Property”), free the reasonable cost of removal, storage and clear disposal of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (Tenant’s Property, including, without limitation, Environmental Laws) and in as good (repairing any damage to the Premises or better) condition and repair as existed as of Building caused by such removal, shall be paid by Tenant. On the Commencement Expiration Date, reasonable wear Tenant shall surrender all keys and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at means of entry to the Premises, the Building and the Project, excluding Tenant’s access control system which shall be removed by Tenant, and shall inform Landlord of the combinations and access codes for any locks and safes located in the same or better condition as when completedPremises. It is specifically agreed that any and all telephonic, reasonable wear and tear and damage from fire coaxial, ethernet, or other casualty excepted. Without limitation to the foregoingcomputer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at least 90 days prior to Tenant’s cost at the expiration of the Term but not more than 180 days prior to such expirationTerm, unless Landlord may commissionhas specifically requested in writing that the Telecom Wiring shall remain, a Phase I site assessment and, if recommended by whereupon the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance Telecom Wiring shall be surrendered with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present Premises as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlordproperty.

Appears in 2 contracts

Samples: Office Lease, Office Lease

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a Term or any earlier termination of this Lease on a date other than the scheduled Expiration Date or cancellation of this Lease, as promptly as commercially practicable thereafter (whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant’s right to possession of the Premises, Tenant will at once surrender and deliver possession of the Premises to Landlord in good condition and repair including, but not limited to, replacing all light bulbs and ballasts not in good working condition, except for reasonable wear and tear. Reasonable wear and tear shall not include any event within fifteen (15) days thereafter))damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease, or any deterioration in the condition or value of any part of the Premises or the remainder of the Property that results from any Hazardous Materials that any Tenant Party brings onto the Property, Upon such termination of this Lease, Tenant shall surrender remove all tenant signage, personal property and any Alterations as to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that which Landlord has not requested that required such removal as a condition to Landlord’s giving any consent required under Section 9.1 above. Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishingsshall repair any damage caused by the removal of any signs, trade fixtures, furniture, computersfurnishings, telephone systemsfixtures, machineryadditions, equipment and other Personal Property installed or placed on improvements that are removed from the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free . Tenant shall ensure that the removal of such items and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty exceptedPremises will be completed before such termination of this Lease. Without limitation to the foregoing, at least Approximately 90 days prior to before the expiration of the Term but not more than 180 days prior to such expirationTerm, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned entitled to inspect the HVAC systems and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so electsprinkler and other fire safety systems, Landlord may remove such property from the Premises and have it stored Tenant shall, at Tenant’s risk sole cost and expense. Tenant shall repair , perform all repairs and restore replacements necessary to bring the HVAC systems and save Landlord harmless from all damage to sprinkler and other fire safety systems into good working condition upon the Premises caused by such removal by Landlordexpiration of the Term.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (WuXi PharmaTech (Cayman) Inc.)

Surrender of Premises. Upon No act by Landlord 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 it is in writing and signed by Landlord. At the expiration of this Lease pursuant to its terms (or, in the event of a or termination of this Lease on a date other than or of Tenant’s right to possession of the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Premises, Tenant shall surrender deliver to Landlord the Premises, including Premises with all improvements including Alterations constructed by Tenant located therein that in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord has not requested all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, unattached trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or personal property placed on in the Premises or elsewhere in the Building by TenantTenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall (not later than ten (10) (collectively, “days after the expiration or earlier termination of the Lease or Tenant’s Personal Property”)right to possession of the Premises) remove such alterations, free and clear of any occupants or tenancies additions (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) stairs and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterationsbank vaults), improvements, replacements or additions constructed by Tenant trade fixtures, personal property, equipment, wiring, conduits, cabling and remaining at the Premises, furniture (including Tenant’s Off-Premises Equipment) as Landlord may request but in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration no event any of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and initial Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned Work constructed pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date Exhibit C hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant to Landlord (as if conveyed by a xxxx of sale) and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Surrender of Premises. Upon Tenant will surrender each Phase of the Premises to Landlord at the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below5.6, with all fixtures appurtenant thereto (but not including furnishingsabove, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) order, condition and repair (subject to any repairs and replacements which Landlord is expressly obligated to make under this Lease) as existed as of such Phase was delivered to Tenant on the Commencement Applicable Phase Delivery Date, reasonable wear and tear and damage from fire by casualty or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty condemnation excepted. Without limitation to the foregoing, at least 90 days prior to On or before the expiration or earlier termination of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofthis Lease, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk Property (subject to Landlord’s (or Landlord’s affiliate’s) rights under the Collateral Agreements) and expenseany Removal Alterations, but Tenant shall not have any other obligation to remove any Alterations (other than the Removal Alterations) at the expiration or earlier termination of the Term. Tenant shall will promptly repair and restore and save Landlord harmless from all any damage to the Premises caused by its or a member of the Tenant Group’s removal of the Tenant’s Property and Removal Alterations. Upon Tenant’s reasonable written request, Landlord shall provide Tenant reasonable access to the Premises for a period of one hundred eighty (180) days following the expiration or earlier termination of this Lease for the removal of Tenant’s Property; provided, however, Landlord may determine in its reasonable discretion the days and times during which Tenant may enter the Premises for such removal purpose, and Tenant shall minimize any interference with Landlord’s use of the Premises while Tenant is on the Premises. All property of Tenant or a member of the Tenant Group not removed on or before the last day of the Term shall be deemed abandoned if not removed by Tenant within 180 days after written notice from Landlord.. Tenant will indemnify and hold Landlord harmless from, any claims, loss, injury, liability, or damages (including reasonable attorneys’ fees) incurred by any Landlord Party as a result of persons or firms entering the Premises on Tenant’s behalf to complete to remove Tenant’s Property following expiration or earlier termination of this Lease. [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission

Appears in 2 contracts

Samples: Facility Lease Agreement, Facility Lease Agreement (GT Advanced Technologies Inc.)

Surrender of Premises. Upon No act by Landlord 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 it is in writing and signed by Landlord. At the expiration of this Lease pursuant to its terms (or, in the event of a or termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender deliver to Landlord the Premises, including Premises with all improvements including Alterations constructed located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant therein that Tenant, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord has not requested all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, unattached trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or personal property placed on in the Premises or elsewhere in the Building by Tenant) Tenant (collectivelybut Tenant may not remove any such item which was paid for, “Tenantin whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s Personal Property”)option, free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (includingTenant shall remove such alterations, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterationsadditions, improvements, replacements or additions constructed by Tenant trade fixtures, personal property, equipment, wiring, conduits, cabling, and remaining at the Premises, in the same or better condition furniture (including Tenant’s Off-Premises Equipment) as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofrequest; however, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed not be required to remove any addition or placed on improvement to the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor Project if Landlord so elects. If Landlord shall has specifically agreed in writing that the improvement or addition in question need not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expensebe removed. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Energytec Inc)

Surrender of Premises. Upon At the expiration of the Term or earlier termination of this Lease pursuant Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its terms obligations under this Lease, or any damage or deterioration due to or associated with prolonged hours, non-office use, unusually heavy people loads (ordefined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors. On or before the expiration or earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease on a date other than prior to the scheduled Expiration Date Date, in which event no advance notice shall be required), require Tenant, at Tenant’s expense, to remove, and Tenant shall repair any damage caused by all of such removal activities. Notwithstanding the foregoing, in the event Tenant is unable to use the loading dock serving the adjoining premises for the purpose of vacating the Premises at the expiration of the Term (as the same may be extended), and as a result Tenant is required to remove cubicles, widen doorways, open the wall, or take other similar steps to remove Tenant’s Property from the Premises, Tenant shall be required to restore any damage to the storefront and/or exterior walls of the Building resulting from the foregoing actions at Tenant’s sole cost and expense. Tenant’s path of travel within the Premises while removing the Tenant’s Property shall be as identified and shown on Exhibit H attached hereto, and Tenant’s removal of cubicles or interior walls along the path of travel shown on Exhibit H within the Premises shall be at Tenant’s sole cost, and Landlord shall be responsible, at Landlord’s sole cost, for the restoration of any cubicles and repairs to any interior walls along the path of travel shown on Exhibit H within the Premises. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Notwithstanding anything to the contrary contained herein, Tenant shall prior to the expiration of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “at Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) expense and in compliance with Laws the National Electric Code and other applicable Laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the benefit of Tenant in or around the Premises (includingcollectively, without limitationthe “Cabling”); provided, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Datehowever, reasonable wear and tear and damage Tenant shall not remove such Cabling if Tenant receives a written notice from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, Landlord at least 90 thirty (30) days prior to the expiration of the Term but not more than 180 days prior Lease authorizing such Cabling to such expirationremain in place, Landlord may commission, a Phase I site assessment and, if recommended by in which event the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance Cabling shall be surrendered with the terms Premises upon the expiration or earlier termination of this Lease. Notwithstanding the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofforegoing, Tenant shall reimburse not be required to remove any Cabling existing in the Premises prior to the date of this Lease. All Alterations except those which Landlord for requires Tenant to remove at the cost time Landlord’s consent is granted to the making of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on Alterations shall remain in the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become as the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expenseLandlord. Tenant shall repair indemnify, defend and restore and save Landlord hold the Indemnitees (hereafter defined) harmless from and against any and all damage to Claims (defined below) (x) arising from any delay by Tenant in so surrendering the Premises caused including, without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such removal delay and (y) suffered by LandlordLandlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant.

Appears in 2 contracts

Samples: And Attornment Agreement, Lease Agreement (Restoration Robotics Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), furnishings, additions and improvements which Landlord has not notified Tenant, in writing, that Landlord will require Tenant to remove (including without limitation, any items comprising the Tenant Improvements), to Landlord in good condition and repair subject to Tenant's compliance with its obligations under Sections 9, 29 and 37 hereof, including, but not limited to, replacing all light bulbs and ballasts not in good working condition, except for reasonable wear and tear, casualty damage and repairs which are Landlord's obligations pursuant to the provisions of Sections 11.2 and 11.3 below. Reasonable wear and tear shall not include any event within fifteen damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (15) days thereafterincluding, without limitation, any marks or stains of any portion of the floors)), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall surrender to Landlord remove any cafeteria and related items that are part of the PremisesTenant Improvements, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishingstenant signage, trade fixtures, furniture, computersfurnishings, telephone systemsequipment, machinerypersonal property, equipment additions, and such other Personal Property improvements Landlord requests, in writing, at the time of Landlord's delivery of its consent to such installation, that Tenant remove some or all of such additions or improvements installed by, or placed on behalf of Tenant or situated in or about the Premises Premises; provided, however, such requirement is reasonably based upon the nature and type of additions, improvements or alterations being substantially different than that improved or altered thereby. Tenant shall repair any damage caused by Tenant) (collectively, “Tenant’s Personal Property”), free and clear the installation or removal of any occupants or tenancies (including subtenancies) cafeteria and related items that are part of the Tenant Improvements, and such signs, trade fixtures, furniture, furnishings, fixtures (other than subtenants under subleases as in effect on the date hereof) trade fixtures), equipment, personal property, additions and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage improvements which are to be removed from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expensehereunder. Tenant shall ensure that the removal of such items and the repair and restore and save Landlord harmless from all damage to of the Premises caused by will be completed prior to such removal by Landlordtermination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Surrender of Premises. Upon Tenant shall, at least 90 days before the expiration last day of this Lease pursuant the Term arrange to its terms (or, in meet Landlord for a joint inspection of the Premises. In the event of a Tenant’s failure to arrange such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purpose of determining Tenant’s responsibility for repairs and restoration. At the end of the Term or any renewal thereof or other sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender will peaceably deliver up to Landlord possession of the Premises, including together with all improvements including Alterations constructed or additions upon or belonging to the same, by Tenant therein that Landlord has not requested that Tenant remove whomsoever made, in accordance with Section 13 belowthe same condition as received or first installed broom clean and free of all debris, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable ordinary wear and tear and damage by fire, earthquake, Act of God, or the elements alone excepted. Tenant may, upon termination of this Lease, remove all movable partitions of less than full height from fire or other casualty exceptedfloor to ceiling, counters, and any new buildingsother personal property and trade fixtures of Tenant removable without material damage to such property or the Premises previously installed by Tenant, alterationsat Tenant’s sole cost, improvements, replacements or additions constructed title to which shall be in Tenant until such termination repairing such damage caused by such removal. Property not so removed shall be deemed abandoned by Tenant and remaining title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale. Upon request by Landlord, Tenant shall remove any or all permanent improvements or additions to the Premises installed at Tenant’s cost and all movable partitions, counters and other personal property of Tenant removable without material damage to such property or the Premises which may be left by Tenant and repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, in the same or better condition including without limitation any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not fully performed as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to of the expiration or earlier termination of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned survive the expiration or earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary: (i) to repair, restore and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from broom clean the Premises and have it stored at as provided herein, removing Tenant’s risk personal property if necessary; and expense(ii) to discharge Tenant’s obligation for unpaid amounts due Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied.

Appears in 2 contracts

Samples: Agreement of Lease (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a or other termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall quit and surrender to Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in good condition and state of repair, reasonable wear and tear, damage due to Casualty and Condemnation which is not Tenant's responsibility to repair or restore, excepted. Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises, including all improvements including Alterations constructed by and Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on shall restore the Demised Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear to the condition immediately preceding the time of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Dateplacement thereof, reasonable wear and tear and damage from fire to Casualty and Condemnation which is not Tenant's responsibility to repair or other casualty exceptedrestore, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofAt Landlord's option, Tenant shall reimburse also be responsible for removing all wires and cables installed by Tenant in the Demised Premises and other portions of the Building to serve Tenant's telecommunications and computer systems in the Demised Premises, and the removal of such wires and cables shall be effected by Tenant without damage to the Building and without interference with the business or operations of Landlord or any other tenant of the Building. If Tenant shall fail or refuse to remove all of Tenant's effects, personalty and equipment from the Demised Premises and the Building upon the expiration or termination of this Lease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, such effects, personalty and equipment shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other party and without obligation to account for them. Tenant shall pay Landlord on demand any and all expenses incurred by Landlord in the removal of such property, including, without limitation, the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or repairing any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises Building or Project caused by the removal of such removal by Landlordproperty and storage charges (if Landlord elects to store such property). The covenants and conditions of this Article 32 shall survive any expiration or termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Premiere Global Services, Inc.), Lease Agreement (Premiere Global Services, Inc.)

Surrender of Premises. Upon Tenant shall, at least 90 days before the expiration last day of this Lease pursuant the Term arrange to its terms (or, in meet Landlord for a joint inspection of the Premises. In the event of a Tenant's failure to arrange such joint inspection, Xxxxxxxx's inspection at or after Xxxxxx's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. At the end of the Term or any renewal thereof or other sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender will peaceably deliver up to Landlord possession of the Premises, including together with all improvements including Alterations constructed or additions upon or belonging to the same, by Tenant therein that Landlord has not requested that Tenant remove whomsoever made, in accordance with Section 13 belowthe same condition as received or first installed broom clean and free of all debris, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable ordinary wear and tear and damage by fire, earthquake, Act of God, or the elements alone excepted. Tenant may, upon termination of this Lease, remove all movable partitions of less than full height from fire or other casualty exceptedfloor to ceiling, counters, and other personal property of Tenant removable without material damage to such property or the Premises previously installed by Tenant, at Tenant's sole cost, title to which shall be in Tenant until such termination, repairing such damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bill of sale. Upon request by Landlord, Tenant shall remove any new buildings, alterations, improvements, replacements or all permanent improvements or additions constructed to the Premises installed at Tenant's cost and all movable partitions, counters and other personal property of Tenant removable without material damage to such property or the Premises which may be left by Tenant and remaining at repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Xxxxxx in so surrendering the Premises, in the same or better condition including without limitation any claims made by any succeeding Xxxxxx founded on such delay. All obligation of Tenant hereunder not fully performed as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to of the expiration or earlier termination of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become survive the property expiration or earlier termination of Landlord without any payment the Term. Upon the expiration or offset therefor if Landlord so elects. If Landlord shall not so electearlier termination of the Term, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary: (i) to repair and restore and save Landlord harmless from all damage to the Premises caused as provided herein; and (ii) to discharge Tenant's obligation for unpaid amounts due Landlord. All such amounts shall be used and held by Landlord for payment of such removal obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any Security Deposit shall be credited against the amount payable by Tenant hereunder.

Appears in 1 contract

Samples: Infiniti Solutions LTD

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))whether by forfeiture, Tenant shall surrender lapse of time or otherwise, or upon the termination of Tenant's right to Landlord possession of the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance will at once surrender and deliver up the Premises, together with Section 13 below, with all the fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as trade fixtures), additions and improvements which Landlord has notified Tenant, in effect on the date hereofwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in compliance with Laws (including, without limitation, Environmental Laws) and the condition in as good (or better) condition and repair as which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear and shall not include any damage or deterioration to the floors of the Premises arising from fire the use of forklifts in, on or other casualty exceptedabout the Premises (including, without limitation, any marks or stains of any portion of the floors), and any new buildings, alterations, improvements, replacements damage or additions constructed deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and remaining at other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises, in . By the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 date which is twenty (20) days prior to such expirationtermination of this Lease, Landlord may commissionshall notify Tenant in writing of those fixtures (other than trade fixtures), a Phase I site assessment andalterations, if recommended additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment installation or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost removal of such Phase I signs, trade fixtures, furniture, furnishings, fixtures, additions and Phase II site assessments upon written demand improvements which are to be removed from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so electshereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall not so electremove all tenant signage, Landlord may remove such property from alterations, furniture, furnishings, trade fixtures, additions and other improvements installed in or about the Premises and have it stored at by, or on behalf of Tenant’s risk and expense. Tenant shall ensure that the removal of such items and the repair and restore and save Landlord harmless from all damage to of the Premises caused by will be completed prior to such removal by Landlordtermination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Interlink Electronics)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))whether by forfeiture, Tenant shall surrender lapse of time or otherwise, or upon the termination of Tenant's right to Landlord possession of the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance will at once surrender and deliver up the Premises, together with Section 13 below, with all the fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as trade fixtures), additions and improvements which Landlord has notified Tenant, in effect on the date hereofwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in compliance with Laws (including, without limitation, Environmental Laws) and the condition in as good (or better) condition and repair as which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear and shall not include any damage or deterioration to the floors of the Premises arising from fire the use of forklifts in, on or other casualty exceptedabout the Premises (including, without limitation, any marks or stains of any portion of the floors), and any new buildings, alterations, improvements, replacements damage or additions constructed deterioration that would have been prevented by proper maintenance by Tenant and remaining or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the Premisestime set forth in Section 10.1, that it will require such removal), tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty exceptedPremises. Without limitation to By the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 date which is twenty (20) days prior to such expirationtermination of this Lease, Landlord may commissionshall notify Tenant in writing of those fixtures (other than trade fixtures ) and the Permitted Improvements), a Phase I site assessment andalterations, if recommended additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment installation or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost removal of such Phase I signs, trade fixtures, furniture, furnishings, fixtures, additions and Phase II site assessments upon written demand improvements which are to be removed from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so electshereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall not so electremove all tenant signage, Landlord may remove such property from alterations, furniture, furnishings, trade fixtures, additions and other improvements (other than the Tenant Improvements) installed in or about the Premises and have it stored at by, or on behalf of Tenant’s risk and expense. Tenant shall ensure that the removal of such items and the repair and restore and save Landlord harmless from all damage to of the Premises caused by will be completed prior to such removal by Landlordtermination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender the Premises to Landlord the Premisesin good condition, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable except for ordinary wear and tear and any casualty or condemnation damage from fire not required to be repaired or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed restored by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation pursuant to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of this Lease. All Alterations (including the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as Work) shall become a part of the date hereof, Tenant Premises and shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without upon the expiration or earlier termination of this Lease unless Landlord, at the time that Landlord consented to such Alteration, indicated that such Alteration must be removed upon the expiration or termination of the Lease Term in which case Tenant shall remove such Alteration and repair any payment resulting damage at Tenant’s sole expense. Notwithstanding the foregoing, if Tenant initially builds out the Premises to serve as its corporate headquarters or offset therefor if Landlord otherwise builds out the Premises so elects. If that at least [***] of the Rentable Area is built out as traditional office space, Landlord shall not so elect, have the right to require Tenant to remove any of the Work except that Landlord may require Tenant to remove (and repair any damage caused by such removal) any of the following: (i) structural penetrations such as interior stairways (but not floor outlets); (ii) any data rooms in excess of 10,000 square feet; (iii) any kitchen/food preparation area in excess of 2,000 square feet; and (iv) any other items specifically addressed in Sections 8.02, 8.05, 9.04 and 9.05, Article 26, and Addendum 5 of this Lease. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property from owned by Tenant or installed by Tenant at its expense in the Premises shall be and have it stored remain the property of Tenant; and upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s risk its sole expense, remove all such items and expense. Tenant shall repair and restore and save Landlord harmless from all any damage to the Premises or the Project caused by such removal by Landlordremoval. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand.

Appears in 1 contract

Samples: Office Lease (McData Corp)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than Sublease or the scheduled Expiration Date termination of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender Subtenant’s right of possession to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove Subtenant shall surrender and vacate the Premises and deliver possession thereof to Sublandlord in accordance with Section 13 belowall of Sublandlord’s duties as “Lessee” under the Master Lease relating to surrender of the Premises, with excluding, however, any obligation to remove any alteration or improvement performed prior to the Commencement Date and excluding any obligation to remove any Hazardous Substances not released in the Premises by Subtenant or its employees, agents or invitees. At the request of Sublandlord, Subtenant shall promptly remove any alterations, installations, additions, and improvements made by or for Subtenant, excluding the Tenant Improvements (which Sublandlord shall be responsible to remove, if required by Master Landlord), but including any lines, and Subtenant shall repair any damage occasioned by the removal thereof, but only if Master Landlord or Sublandlord required such removal as a condition to granting their consent to the performance of such installations, additions and improvements. If Subtenant shall fail to promptly remove any such alterations, installations, additions, and improvements, then such items may be removed by Sublandlord, and Subtenant shall promptly reimburse Sublandlord for any reasonable expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of removal thereof and of repairing any damage caused thereby, plus a fifteen percent (15%) administration fee. Subtenant shall also remove from the Premises all fixtures appurtenant thereto (but not including furnishingsof Subtenant’s goods, effects, movable personal property, business and trade fixtures, furniture, computersmachinery and trade equipment, telephone systemsand shall repair all damage resulting from such removal. Any of such items not so removed by Subtenant at the expiration or termination of this Sublease shall be conclusively deemed to have been abandoned by Subtenant, machinerySubtenant shall not receive any cost or credit therefor, equipment and other Personal Property installed or placed on Sublandlord may dispose of the Premises same without any liability to Subtenant; provided, however, that Subtenant shall promptly reimburse Sublandlord for any reasonable expenses incurred by Tenant) (collectivelySublandlord in connection therewith, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I removal thereof and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or repairing any subtenant or assignee of Tenantdamage caused thereby, if not removed within plus a fifteen percent (15%) days after administration fee. The obligations of Subtenant set forth in this Paragraph shall survive the expiration or sooner termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by LandlordSublease.

Appears in 1 contract

Samples: Sublease Agreement (Fisker Inc./De)

Surrender of Premises. Upon On the expiration last day of this Lease pursuant to its terms (or, in the event of a Term or on the sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))thereof, Tenant shall (i) subject to the provisions of Article 8, peaceably surrender the Premises in good order and repair (subject to Landlord Landlord’s maintenance obligations), except for reasonable wear and tear, and (ii) at its expense, remove from the PremisesPremises its office supplies, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, moveable office furniture, computers, telephone systems, machinery, moveable office equipment and other Personal Property installed or placed on the Premises by Tenant) personal property (collectively, “Tenant’s Personal Property”), and any of Tenant’s Property not so removed may, at Landlord’s option and without limiting Landlord’s right to compel the removal thereof, be deemed abandoned, in which event Landlord, in addition to its other rights and remedies and without liability to Tenant or to any other party, shall be entitled to retain such Property as its own free and clear of all claims of Tenant or any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) party. The removal of any of Tenant’s Property shall be at Tenant’s expense and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and Tenant shall not damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same Building or better condition as when completed, reasonable wear and tear and damage from fire or other casualty exceptedthe Total Building Facilities during the course of such removal. Without limitation to limiting the foregoingforegoing provisions of this Section, Landlord, at least 90 its option by notice to Tenant within 30 days prior after the Expiration Date or the sooner termination of this Lease, may require Tenant to remove from the expiration Premises and/or Building all of the Term but not more than 180 days prior Tenant’s telecommunications and data cabling and wiring, and if Tenant fails to effect such expirationremoval, then in addition to Landlord’s other remedies, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any have such Site cabling and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not wiring removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.

Appears in 1 contract

Samples: Office Lease (Parnell Pharmaceuticals Holdings LTD)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant’s right to possession of the Premises. Tenant shall will at once surrender to Landlord and deliver up the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance together with Section 13 below, with all the attached fixtures appurtenant thereto (but not including furnishings, other than trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises by Tenant) (collectively, “Tenant’s Personal Property”Premises), free additions and clear of any occupants or tenancies Improvements which Landlord has agreed in writing with Tenant not to remove, to Landlord in good condition and repair (including subtenancies) (other than subtenants under subleases as including, but not limited to, replacing all light bulbs and ballasts not in effect on the date hereofgood working condition) and in compliance with Laws (including, without limitation, Environmental Laws) and the condition in as good (or better) condition and repair as which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear and shall not include any damage or deterioration to the floors of the Premises arising from fire the use of forklifts in, on or other casualty exceptedabout the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any new buildings, alterations, improvements, replacements damage or additions constructed deterioration that would have been prevented by proper maintenance by Tenant and remaining or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has agreed with Tenant in writing, at the Premisestime set forth in Section 10.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has agreed with Tenant, in writing,) unless Landlord and Tenant agree in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty exceptedPremises. Without limitation to By the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 date which is forty-five (45) days prior to such expirationtermination of this Lease, Landlord may commissionand Tenant shall agree in writing of those attached fixtures (other than trade fixtures), a Phase I site assessment andalterations, if recommended additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment installation or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost removal of such Phase I signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and Phase II site assessments upon written demand improvements which are to be removed from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant hereunder. If Landlord falls to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or any subtenant alterations not required to be removed by Landlord at the time of installation) installed in or assignee about the Premises by, or on behalf of Tenant, if not removed within fifteen (15) days after . Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination or expiration of this Lease Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant’s racking and in-rack sprinkler systems shall be deemed abandoned to be part of Tenant’s trade fixtures and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property be removed from the Premises and have it stored at Tenant’s risk and expense. by Tenant shall repair and restore and save Landlord harmless from all damage to upon the Premises caused by such removal by Landlordexpiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Catalytica Energy Systems Inc)

Surrender of Premises. Upon On the expiration last day of this the Lease pursuant to its terms (or, in Term or upon the event of a sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter Tenant shall, to the reasonable satisfaction of Landlord, surrender the Premises to Landlord in good order, condition and repair and otherwise in the condition that Tenant is required to maintain the same pursuant to the express terms of this Lease, ordinary wear and tear, acts of God, casualty damage (but in any event within fifteen (15) days thereafter)subject to the second sentence of Paragraph 15.3 above), condemnation, Specialty Alterations with respect to which Landlord has not reserved the right to require removal and Landlord’s maintenance, repair, replacement and restoration obligations excepted. Tenant shall surrender remove, or cause to Landlord be removed, all of Tenant’s personal property, furniture, furnishings and trade fixtures from the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty exceptedall voice and/or data transmission cabling, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but all property not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not so removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so electsby Tenant. If Landlord shall not so electFurthermore, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall immediately repair and restore and save Landlord harmless from all damage to the Premises Project caused by any such removal. If the Premises are not so surrendered at Lease Termination, (i) Landlord may cause the removal and/or make any repairs, and the cost to Landlord shall be deemed Additional Rent payable by LandlordTenant to Landlord within thirty (30) days after receipt of written demand made by Landlord to Tenant, and (ii) if the Premises has not been so surrendered by the date that is sixty (60) days after Lease Termination, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants. The provisions of this Paragraph 35 shall survive Lease Termination.

Appears in 1 contract

Samples: Improvement Agreement (Bloom Energy Corp)

Surrender of Premises. REMOVAL OF PROPERTY The voluntary or other surrender of this Lease by Txxxxx, or a mutual termination thereof, shall not work a merger, and shall at the option of the Landlord, operate as an assignment to it of any or all subleases or subtenancies affecting the premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date term of this Lease, as promptly as commercially practicable thereafter (but in or upon any event within fifteen (15) days thereafter))earlier, termination of this Lease, Tenant shall quit and surrender possession of the premises to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (order And condition as the name are now or better) condition and repair as existed as of the Commencement Datehereafter may he improved by Landlord or Tenant, reasonable wear and tear and damage from fire or other casualty repairs which are Landlord's obligation excepted, and any new buildingsshall without expense to Landlord, alterationsremove or cause to be removed from the premises all debris and rubbish, improvementsall furniture, replacements or additions constructed equipment, business, trade fixtures and other property owned by Tenant and remaining or installed or placed by Tenant at the Premises, its expense in the same premises whether or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation not attached to the foregoingpremises, at least 90 days prior and all similar articles of any other persons claiming under Tenant unless Landlord exercises its option to have any subleases or subtenancies assigned to it, and Tenant shall repair all damage to the premises resulting from such removal. Whenever Landlord shall re-enter the premises as provided in Paragraph 28 hereof, or as otherwise provided in this Lease, any property of Tenant not removed by Tenant upon the expiration of the Term but not more than 180 term of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant's default), as provided in this Lease, shall be considered abandoned and Landlord may remove any or all of such items and dispose of the same in any manner or store the same in public warehouse or elsewhere for the account and at the expense and risk of Tenant, and if Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days prior to such expirationor more, Landlord may commissionsell any or all of such property at a public or private sale, a Phase I site assessment andin such manner and at such times and places as Landlord, in it's sole discretion, may deem proper, without notice to or demand upon Tenant for the payment of all or any part of such charges or the removal of such property. Landlord shall apply the proceeds of such sale first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the cost of or charges for storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if recommended by any, to Tenant. If Txxxxx fails to surrender the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms premises to Landlord on expiration of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present term as of the date hereofrequired by this Paragraph, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save hold Landlord harmless from all damage damages resulting from Txxxxx's failure to surrender the Premises caused premises, including, without limitation, claims made by such removal by Landlorda succeeding tenant resulting from Txxxxx's failure to surrender the premises.

Appears in 1 contract

Samples: Overhill Farms Inc

Surrender of Premises. Upon No act by Landlord 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 it is in writing and signed by Landlord. At the expiration of this Lease pursuant to its terms (or, in the event of a or termination of this Lease on a date other than or Tenant's right to possess the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Premises, Tenant shall surrender (a) deliver to Landlord the Premises, including Premises broom-clean with all improvements including Alterations constructed located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant therein that Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord has not requested that Tenant all keys to the Premises and all access cards to the Project; (c) remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, unattached trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or personal property placed on in the Premises or elsewhere in the Project by Tenanta Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) (collectively, “Tenant’s Personal Property”), free remove any and clear of any occupants or tenancies all cabling (including subtenanciesconduit) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, installed in the same Premises or better condition as when completedelsewhere in the Project by or on behalf of a Tenant Party, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoingincluding all connections for such cabling, at least 90 days Tenant's sole cost or, if Landlord so elects, Landlord may perform such removal at Tenant's sole cost, with the cost thereof to be paid to Landlord as Rent (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of the Term but Term, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling [including conduit], whether located in the Premises or elsewhere in the Project, and if Landlord so elects, Tenant covenants that such cabling shall be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or any successor statute, and shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box); and (e) remove such alterations, additions, improvements, and Tenant's Off-Premises Equipment as Landlord may require; however, Tenant shall not more than 180 days prior be required to such expirationremove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by the removal of the items described above. If Tenant fails to remove any of the items required to be removed by Tenant, Landlord may, at Landlord's option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may commissionbe appropriated, a Phase I site assessment andsold, if recommended stored, destroyed, or otherwise disposed of by the Phase I site assessment, a Phase II site assessment of Landlord without notice to Tenant and without any Site, obligation to account for purposes of confirming the environmental condition of such items; any such Site and Tenant’s compliance with the terms disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the Lease with respect security interest granted hereunder or otherwise, (2) remove such items, perform any work required to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofbe performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations hereunder (including collection costs and attorneys' fees), plus interest thereon at the cost Default Rate, or (3) elect any of such Phase I the actions described in clauses (1) and Phase II site assessments upon written demand from Landlord(2) above as Landlord may elect in its sole discretion. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration The provisions of this Lease Section 21 shall be deemed abandoned and become survive the property end of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by LandlordTerm.

Appears in 1 contract

Samples: Lease Agreement (Red Mountain Resources, Inc.)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a expira- tion or earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Term, Tenant shall deliver up and surrender to Landlord possession of the Premises, including all alterations, additions, improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 belowand fixtures, with all fixtures appurtenant thereto (but not including furnishings, other than Tenant's trade fixtures, furniturein good order, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as state of the Commencement Daterepair, reasonable ordinary wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining shall deliver all keys to the Premises to the office of Landlord at the Premises, in the same Shopping Center or better condition as when completed, reasonable wear and tear and damage from fire or other casualty exceptedotherwise directed by Landlord. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within have fifteen (15) days after termination or expiration the date the Term of this Lease shall be deemed abandoned and become the property of Landlord without any payment expires or offset therefor if Landlord so elects. If Landlord shall not so electearlier terminates to remove its personal property, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. trade fixtures; provided, however, that (a) Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused resulting from or arising out of such removal, (b) during such period Tenant shall perform and be liable for all obliga-tions and condi-tions imposed on Tenant hereunder except for the payment of Rent, including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. The obligations set forth in the preceding sentence shall survive the termination of this Lease. Any property of Tenant not removed from the Premises within such fifteen (15) day period shall be deemed abandoned. In addition to all other remedies available, Landlord may, but shall not be obligated to, retain or dispose of any or all such property without liability to Tenant. In the event that Landlord elects to dispose of such property, Landlord shall so notify Tenant, and Tenant shall, no later than ten (10) days after such notice, remove all such property from the Premises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and Tenant shall pay to Landlord, on demand, all costs and expenses incurred by Landlord in disposing of such removal by Landlord.property, including, without limitation, reasonable attorneys' fees and disbursements, together with interest thereon, calcu- lated at the Interest Rate, from the date Landlord ex-pended such amounts. 7 Section II.4

Appears in 1 contract

Samples: Store Lease Agreement (Gottschalks Inc)

Surrender of Premises. Upon At the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than the scheduled Expiration Date or Xxxxxx’s right of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))possession hereunder, Tenant shall surrender to Landlord remove all Tenant’s Property from the Premises, including remove all improvements including Alterations constructed Required Removables (if any) under Section 8.03, remove all signage installed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 belowor on behalf of Tenant, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on quit and surrender the Premises by Tenant) (collectivelyto Landlord, “Tenant’s Personal Property”)broom clean, free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (includinggood order, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Daterepair, reasonable ordinary wear and tear and damage from fire which Landlord is obligated to repair hereunder excepted. Tenant shall repair any damage caused by the installation or other casualty excepted, and removal of Tenant’s Property or Required Removables or Tenant’s signage. If Tenant fails to remove any new buildings, alterations, improvements, replacements of Tenant’s Property or additions constructed by Tenant and remaining at to restore or repair the Premises, in Premises to the same or better required condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to provided herein upon the expiration of the Term of this Lease (or, as applicable, within two (2) days after any earlier termination of this Lease or Xxxxxx’s right to possession hereunder), then Landlord, at Tenant’s sole cost and expense, shall be entitled, but not more than 180 obligated, to remove and store Tenant’s Property and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation, or safekeeping of Tenant’s Property, and Tenant shall pay to Landlord, upon demand, the reasonable expenses and storage charges so incurred. If Tenant fails to remove Xxxxxx’s Property from the Premises or storage, within thirty (30) days prior to such expirationafter notice, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of deem all or any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any part of Tenant’s Personal Property installed to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenantdispose of Xxxxxx’s risk and expenseProperty in any manner Landlord deems appropriate. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord20.

Appears in 1 contract

Samples: Lease Agreement (Prime Medicine, Inc.)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than the scheduled Expiration Date of this Leasein good order, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Daterepair, reasonable wear and tear tear, permitted Alterations and damage from fire by casualty or other casualty condemnation excepted, and any new buildingswill surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, alterationssafes and vaults, improvementsif any, replacements or additions constructed by Tenant and remaining at in the Premises, the Buildings or in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty exceptedShopping Center. Without limitation to the foregoing, Tenant will at least 90 days prior to the expiration such time remove all of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such its property from the Premises and, if Landlord so requires, all specified Alterations and have it stored at Tenant’s risk and expenseimprovements Tenant placed on the Premises. Tenant shall will promptly repair and restore and save Landlord harmless from all any damage to the Premises caused by such removal removal. If Tenant does not surrender the Premises in accordance with this section on or before the date which is the later of (a) the expiration of the Term, and (b) the date thirty (30) days after the date Landlord notifies Tenant that Landlord has entered into a letter of intent or lease with respect to any portion of the Premises, Tenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless Landlord and the Landlord Affiliated Entities from and against any Claim resulting from Tenant’s delay in so surrendering the Premises, including, without limitation, any Claim made by Landlordany succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Pluralsight, Inc.)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a or other termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Term, Tenant shall quit and surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove broom clean, in accordance with Section 13 belowgood order and condition, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable ordinary wear and tear and damage from fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted, and any new buildings, alterations, improvements, replacements Tenant shall remove all of its property pursuant to Article 3 hereof. Tenant's obligation to observe or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term but or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not more than 180 days prior surrendered to such expirationLandlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition, to any other rights or remedies Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment have hereunder or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofat law, Tenant shall reimburse pay to Landlord for the cost each month and for each portion of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on any month during which Tenant holds over in the Premises by after the Expiration Date or sooner termination of this Lease, a sum equal to two (2) times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises without Landlord's consent, which may be withheld in Landlord's sole discretion, after the Expiration Date or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after sooner termination or expiration of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed abandoned and become to be other than on account of the property amount to be paid by Tenant in accordance with the provisions of Landlord without any payment this Article 21, which provisions shall survive the Expiration Date or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlordsooner termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Talkpoint Communications Inc)

Surrender of Premises. Upon By taking possession of the expiration Premises, Tenant shall be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances, but the foregoing shall not release Landlord from liability for completion of Punch List Items or Landlord's repair obligations under this Lease pursuant to its terms (or, in Lease. On the event of a termination of this Lease on a date other than the scheduled Expiration Date or earlier termination of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender the Premises to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) its condition and repair as existed as of the Commencement Date, reasonable normal wear and tear and damage from by fire or other casualty or eminent domain excepted, . Tenant shall remove from the Premises all of Tenant's Personal Property and any new buildingsAlterations required to be removed pursuant to Section 9 of this Lease. Tenant shall repair any damage or perform any restoration work required by the removal. If Tenant fails to timely remove any Personal Property or Alterations as aforesaid, alterationsLandlord may remove the property and store and/or dispose of the same at Tenant's expense, improvementsincluding interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease, replacements or additions constructed Tenant shall indemnify Landlord against all Claims resulting from delay by Tenant and remaining at in so surrendering the Premises, in the same or better condition as when completedincluding, reasonable wear without limitatiox, xxx claims made by any succeeding tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and tear attorneys' fees and damage from fire or other casualty exceptedcosts. Without limitation Tenant shall give written notice to the foregoing, Landlord at least 90 thirty (30) days prior to vacating the expiration Premises and shall meet with Landlord for a joint inspection of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by Premises at the Phase I site assessment, a Phase II site assessment time of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental mattersvacating. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed 's failure to give such notice or placed on participate in such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.conclusively be

Appears in 1 contract

Samples: Leapfrog Enterprises Inc

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (orExpiration Date, in the event of a or upon any earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))hereof, Tenant shall quit and surrender possession of the Premises to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (order and condition as the Premises are now or better) condition and repair as existed as of the Commencement Datehereafter may be improved by Landlord or Tenant, reasonable wear and tear and damage repairs which are Landlord’s obligation and Damage from fire or other casualty excepted. Upon such termination, Tenant shall inform Landlord of all combinations on locks, safes and any new buildingsvaults, alterationsif any, improvementsin the Premises and shall, replacements without expense to Landlord, remove or additions constructed by Tenant and remaining at cause to be removed from the Premises, in the same all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other articles of personal property owned by Tenant or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant at its expense in the Premises, and all similar articles of any other persons claiming under Tenant unless Landlord exercises its option to have any subleases or any subtenant or assignee of Tenantsubtenancies assigned to Landlord, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises and the Project resulting from such removal. Prior to surrendering the Premises, Tenant shall repair any damage caused by such the removal of Tenant’s property, including Tenant’s signs, and any Alterations designated in writing by Landlord to be removed in accordance with Section 8.3 above, including without limitation, the repair of the floor, and the patching and painting of the walls, all at Tenant’s sole cost and expense. As a matter of clarification, this section shall survive the termination of this Lease and a breach of this Section 20.2 entitles Landlord, after notice and lapse of any applicable cure periods, to all of its remedies hereunder including the indemnity under Section 16.1.

Appears in 1 contract

Samples: Office Lease (Genius Products Inc)

Surrender of Premises. Upon No act by Landlord 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 it is in writing and signed by Landlord. At the expiration of this Lease pursuant to its terms (or, in the event of a or termination of this Lease on a date other than or Tenant’s right to possess the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Premises, Tenant shall surrender (a) deliver to Landlord the Premises, including Premises broom-clean with all improvements including Alterations constructed located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant therein that Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord has not requested that Tenant all keys to the Premises and all access cards to the Project; (c) remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, unattached trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or personal property placed on in the Premises or elsewhere in the Project by Tenant) a Tenant Party and unattached equipment located in the Premises (collectively, “Tenant’s Personal Property”), free and clear of but Tenant may not remove any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premisessuch item which was paid for, in the same whole or better condition as when completedin part, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation by Landlord unless Landlord requires such removal by delivering written notice thereof to the foregoing, Tenant at least 90 days before the end of the Term); (d) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party, including all connections for such cabling, at Tenant’s sole cost or, if Landlord so elects, Landlord may perform such removal at Tenant’s sole cost, with the cost thereof to be paid to Landlord as Rent (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of the Term but not more than 180 days prior Term, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Rent, any and all such expirationcabling |including conduit], whether located in the Premises or elsewhere in the Project, and if Landlord may commissionso elects, Tenant covenants that such cabling shall be left in a Phase I site assessment andneat and safe condition in accordance with the requirements of all applicable Laws, if recommended by including the Phase I site assessmentNational Electric Code or any successor statute, and shall be terminated at both ends of a Phase II site assessment of any Siteconnector, for purposes of confirming the environmental condition of any properly labeled at each end and in each electrical closet and junction box); and (e) remove such Site alterations, additions, improvements, and Tenant’s compliance with Off-Premises Equipment as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the terms Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by the removal of the Lease with respect items described above. If Tenant fails to environmental matters. In the event remove any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofitems required to be removed by Tenant, Landlord may, at Landlord’s option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of any expenses which Landlord may incur in effecting compliance with Tenant’s Personal Property installed obligations hereunder (including collection costs and attorneys’ fees), plus interest thereon at the Default Rate, or placed on (3) elect any of the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen actions described in clauses (151) days after termination or expiration and (2) above as Landlord may elect in its sole discretion. The provisions of this Lease Section 21 shall be deemed abandoned and become survive the property end of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by LandlordTerm.

Appears in 1 contract

Samples: Lease Agreement (RetailMeNot, Inc.)

Surrender of Premises. Upon 73. The Tenant covenants to surrender the Premises, at the expiration of the tenancy created in this Lease pursuant to its terms (orLease, in the event same condition as the Premises were in upon delivery of a termination of this Lease on a date other than the scheduled Expiration Date of possession under this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and tear, damage from by fire or other the elements, and unavoidable casualty excepted, and agrees to surrender all keys for the Premises to The Landlord at the place then fixed for payment of rent and will inform the Landlord of all combinations to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any new buildingsmanner to the floor, wall or ceiling shall be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord required removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord required to removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default without prejudice to any other tighter remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, improvementsadditions, replacements improvements or additions constructed by Tenant and remaining at the Premises, in the same fixtures are or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without the Landlord, the Tenant will immediately remove all or part of the same and will make good any payment damage caused to the Premises resulting from the installation or offset therefor if removal of such fixtures, all at the Tenant’s expense, should the Landlord so electsrequire by notice to the Tenant. If Landlord shall not so electthe Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove such property from the Premises all or part of such trade fixtures, furnishings, alterations, additions, improvements and have it stored fixtures without any liability and at the expense of the Tenant, which expense will immediately be paid by the Tenant to the Landlord. The Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage obligation to observe or perform the Premises caused by such removal by Landlordcovenants contained in this Lease will survive the expiration or other termination of the term of this Lease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Praetorian Group Inc.)

Surrender of Premises. Upon Tenant hereby agrees to vacate the expiration Premises and surrender and deliver exclusive possession of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender Premises to Landlord at any time during the Premisesperiod commencing on July 31, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove 2019 and ending on the Termination Date in accordance with Section 13 belowthe applicable surrender provisions of the Lease; provided, with all fixtures appurtenant thereto (but not including furnishingshowever, trade fixturesthat, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on notwithstanding anything to the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as contrary set forth in effect on the date hereof) and in compliance with Laws Lease (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as Section 21 of the Commencement Original Lease), Tenant shall not be required to remove (A) any alterations, additions or improvements previously made to the Premises prior to the Effective Date, reasonable wear (B) the Lines, or (C) the Generator (the date on which Tenant so surrenders and tear delivers exclusive possession of the Premises to Landlord in accordance with this Agreement is referred to as the "Surrender Date"). Without limiting the generality of the foregoing, on or before the Surrender Date, Tenant shall, at Tenant's sole cost and damage expense, remove or cause to be removed from fire or the Premises any and all furniture, trade fixtures and equipment, free-standing cabinet work, and, subject to the foregoing sentence, all other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed articles of personal property owned by Tenant and remaining or installed or placed by Tenant at its expense in the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment similar articles of any Siteother persons claiming under Tenant, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on deliver the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of to Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expensein a broom-clean condition. Tenant shall immediately repair and restore and save Landlord harmless from at its own expense all damage to the Premises and the Building resulting from any such removal. If Tenant fails to complete such removal and/or repair all damage to the Premises and the Building caused by such removal removal, Landlord may (but shall not be obligated to) do so, and may charge the reasonable and actual costs incurred by Landlord in connection therewith to Tenant, which costs shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of invoice therefor from Landlord.

Appears in 1 contract

Samples: Lease Termination Agreement (Harmonic Inc)

Surrender of Premises. Upon On the expiration of this Lease pursuant to its terms (or, in the event of a date or sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Term, Tenant shall surrender deliver to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on keys to the Premises by Tenant) (collectivelywhich are in its possession and/or control, “Tenant’s Personal Property”)shall quit and surrender the Premises to Landlord in broom-clean, free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Daterepair, reasonable wear and tear and damage from fire by any casualty occurrence or other casualty elements excepted, and any new buildingsin compliance with Tenant's Environmental Law obligations as hereinafter defined in Paragraph 47 of this lease, together with all alterations, improvementsadditions and improvements which may have been made in, replacements on or additions constructed by Tenant and remaining at to the Premises, by Landlord or by Tenant ("Improvements") except for movable furniture and equipment, or unattached movable trade fixtures, its racks ("Personal Property"), and those Improvements made by Tenant that Tenant elects to remove; provided, however, with respect to Improvements made by Tenant other than Tenant's racks, Tenant shall ascertain from Landlord, at the time it obtains Landlord's consent for each such Improvement, whether Landlord desires to have any such Improvement(s) removed and to have the Premises or any part thereof restored to the condition in which it was originally delivered to Tenant, ordinary wear and tear excepted. If Landlord fails to so advise Tenant, Landlord shall be deemed to have not elected to require the same removal of such Improvement(s). If Landlord shall so desire to have any Improvement(s) removed or better if Tenant shall elect to remove any such Improvement(s) (even if Landlord does not want them to be removed) by notice delivered to Landlord not less than three (3) months prior to the Termination Date, then Tenant, prior to the Termination Date, at its sole cost and expense, shall remove therefrom all such Improvements as may be requested by Landlord or desired by Tenant, together with its Personal Property, and fix and repair any and all damage or defacement to the Premises caused by the installation and/or removal of Improvements or Personal Property and to the extent the installation of such Improvement or Personal Property replaced some portion of the Premises as constructed by the Landlord, Tenant shall repair or restore the Premises to its condition as when completedprior to the installation of such Improvements or Personal Property, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoingAny or all of such Personal Property or Improvements not so removed, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expirationLandlord's option, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the exclusive property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so electand/or may be disposed of by Landlord, Landlord may remove such property from the Premises and have it stored at Tenant’s risk 's cost and expense, without further notice or demand. Tenant Tenant's obligation under this Paragraph shall repair and restore and save Landlord harmless from all damage to survive the Premises caused by such removal by Landlordexpiration or sooner termination of the Term.

Appears in 1 contract

Samples: Lease Agreement (Di Giorgio Corp)

Surrender of Premises. Upon Lessee shall surrender the subject premises to Lessors at the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than in good order and condition, reasonable wear and tear accepted. Upon the scheduled Expiration Date expiration or earlier termination of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender fee simple title to Landlord the Leased Premises, including without limitation, all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove Improvements or Gaming Structures shall vest in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), Lessors free and clear of any occupants or tenancies (including subtenancies) (liens and encumbrances of any type other than subtenants under subleases as in effect those created by Lessors without any obligation by Lessors to pay any compensation to Lessee or any other person or entity. To this end, Lessee agrees to execute and deliver a limited warranty deed for any Improvements, Gaming Structures and Permanent Facility then located on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as Leased Premises promptly upon the request of the Commencement DateLessors for no additional consideration. Further, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premisesexpiration or earlier termination of this Lease, in the same or better condition as when completedLessee shall execute, reasonable wear acknowledge and tear and damage from fire or other casualty excepted. Without limitation deliver to the foregoingLessors, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination written demand from Lessors to Lessee, any document in a form reasonably requested by Lessors quitclaiming any right, title or expiration interest in the Leased Premises to Lessors, or other document required by any reputable title company to resolve the cloud of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expenseLeased Premises. Tenant shall repair and restore and save Landlord harmless from all damage Lastly, prior to the Premises caused by such removal by Landlordlast day of the Primary Term, or upon any earlier termination of this Lease, Lessee shall deliver to Lessors, to the extent in Lessee’s possession, Lessee’s executed counterparts of all space leases/subleases and all service and maintenance records for the Leased Premises, all original licenses and permits then pertaining to the Leased Premises, permanent or temporary certificates of occupancy then in effect for the Improvements, and all warranties and guarantees then in effect which Lessee has received in connection with any work or services performed in, on or under the Leased Premises.

Appears in 1 contract

Samples: Ground Lease Agreement (Rotate Black Inc)

Surrender of Premises. Upon On the expiration last day of the term of this Lease pursuant Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its terms (orsole cost and expense, in remove all of its property and trade fixtures and equipment from the event Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of a Lessee from the Premises upon termination of this Lease on a date other than and to cause its transportation and storage for Lessee's benefit, all at the scheduled Expiration Date sole cost and risk of this LeaseLessee, as promptly as commercially practicable thereafter (but and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any event within fifteen (15) days thereafter))manner in respect thereto. Lessee shall pay all costs and expenses of such removal, Tenant transportation and storage. Lessee shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on leave the Premises by Tenant) (collectivelyin good order, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Daterepair, reasonable wear and tear and damage from fire or and other casualty not caused by Lessee excepted. Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or storage of abandoned property and any new buildingswith respect to restoring said Premises to good order, condition and repair. All improvements, alterations, improvementsadditions, replacements installations and fixtures, other than Lessee's trade fixtures, equipment and other removable personal property, which have been made or additions constructed installed by Tenant either Lessor or Lessee upon the Premises shall remain the property of Lessor and remaining shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the provisions of Article VIII hereof. If the Premises are not surrendered at the end of the term or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the Premises to Lessor at the place then fixed for the payment of rent and shall inform Lessor of the combinations of any vaults, locks and safes left on the Premises. In the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease, but with Lessor's written consent, Lessee shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all the provisions, conditions and obligations of this Lease insofar as the same or better condition as when completedcan be applicable to a month-to-month tenancy, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation except that the Base Rent shall be escalated to one hundred fifteen percent (115%) of the foregoing, at least 90 days Base Rent payable hereunder immediately prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental mattersthis Lease. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as Lessee remains in possession of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease and without the execution of a new lease and without Lessor's written consent, Lessee shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from to be occupying the Premises without claim of right and have it stored at Tenant’s risk Lessee shall pay Lessor for all costs arising out of loss or liability resulting from delay by Lessee in so surrendering the Premises as above provided and expense. Tenant shall repair and restore and save Landlord harmless from all damage pay as a charge for each day of occupancy an amount equal to one hundred fifteen percent (115%) of the Base Rent (on a daily basis) payable hereunder immediately prior to the Premises caused expiration of this Lease plus the Additional Rent (on a daily basis) then currently being charged by such removal by LandlordLessor on new leases in the Complex for space similar to the Premises.

Appears in 1 contract

Samples: Lease (Syntellect Inc)

Surrender of Premises. Section 25.01. Upon the expiration of this Lease pursuant to its terms (or, in the event of a or other termination of this Lease on a date other than the scheduled Expiration Date term of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall quit and surrender to Landlord the PremisesDemised Premises in good order and condition, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable ordinary wear and tear and damage from by fire or other casualty casualty, the elements and any cause beyond Tenant's control excepted, and any new buildingsshall remove all its property therefrom, alterations, improvements, replacements except as otherwise provided in this Lease. Tenant's obligation to observe or additions constructed by Tenant and remaining at perform this covenant shall survive the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire expiration or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration termination of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment term of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental mattersthis Lease. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as Tenant remains in possession of the date hereofDemised Premises after the termination of this Lease, either at the stated termination or otherwise, (i) Landlord shall be entitled to all of the rights and remedies which are available to a Landlord against a Tenant shall reimburse Landlord holding over after the expiration of a term and to such other rights and remedies as may be provided for the cost of such Phase I in this Lease, at law and/or in equity and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of (ii) Tenant, if not removed within fifteen at the option of Landlord, shall be deemed to be occupying the Demised Premises as a tenant from month-to-month, at a monthly rental equal to one and one-half (151-1/2) days after termination or expiration times the rent and additional rent payable during the last month of the Demised Term, subject to all of the other terms of this Lease insofar as the same are or may be applicable to a month-to-month tenancy. Such monthly rental shall be deemed abandoned pro rated on a per diem basis if Tenant occupies the Demised Premises as a tenant from month-to-month for a portion of a month. Furthermore, Tenant hereby indemnifies Landlord against any and become all liability resulting from delay by Tenant in so surrendering the property of Demised Premises including, but not limited to, any claims made by any succeeding tenant or prospective tenant founded upon such delay and agrees to be liable to Landlord without for (i) any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, rent concession which Landlord may remove be required to make to any tenant obtained by Landlord for all or any part of the Demised Premises in order to induce such property from tenant not to terminate its lease by reason of the Premises and have it stored at holding over by Tenant (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding over by tenant. Tenant’s risk and expense. Tenant 's obligations under this article shall repair and restore and save Landlord harmless from all damage to survive the Premises caused by such removal by Landlordexpiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Logical Design Solutions Inc)

Surrender of Premises. (a) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies. Upon the expiration or earlier termination of this Lease pursuant Lease, subject to its the terms of this Section 31(a) and Section 14(a), Tenant shall peaceably surrender the Premises and all alterations and additions thereto, broom-clean and in good order, repair and condition, free from any and all Hazardous Materials resulting solely from Tenant’s use and occupancy, including those Tenant allows to occupy the Premises, of the Premises and Project, reasonable wear and tear, casualty, condemnation and repairs which are the responsibility of Landlord hereunder excepted, and shall comply with the provisions of Section 14(a). Tenant shall have no obligation to remove any Tenant Improvements or perform any restoration work with respect to any Tenant Improvements except to the extent Landlord notified Tenant of such obligation on or before Landlord’s approval of the applicable Space Plan (or, as defined in the event Work Letter). In addition, Tenant may elect to remove all or some of Tenant’s equipment and trade fixtures from the Premises. Subject to the foregoing, Tenant must, at Tenant’s sole cost, remove upon termination of their Lease, any and all of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other personal property as well as all data/telecommunications cabling and wiring, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale, but Tenant shall remain responsible for the reasonable cost of removal and disposal of such Personalty, as well as any damage caused by such removal. In addition, Tenant shall terminate as of the expiration of the Term or earlier termination of this Lease, at its sole cost and expense, including the payment of any termination or cancellation fees, all contracts with respect to the maintenance and repair of the Premises. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof shall not be sufficient to constitute a termination of this Lease on or a date other than the scheduled Expiration Date surrender of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.

Appears in 1 contract

Samples: Office Building Lease (GLAUKOS Corp)

Surrender of Premises. Upon (a) At the expiration end of this Lease pursuant to its terms (or, in the event of a Term or any renewal thereof or other sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender will peaceably deliver to Landlord possession of the Premises, including together with all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed upon or belonging to Landlord, by Tenant and remaining at the Premiseswhomsoever made, in the same or better condition as when completedreceived, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation first installed, subject to the foregoingterms of Sections 23 and 36, subject to Normal Wear and Tear and the rights and obligation of Tenant concerning casualty damage pursuant to Section 22, damage by fire, earthquake, Act of God, or the elements alone excepted, and subject to any items which are the obligation of Landlord to repair or replace pursuant to the terms of this Lease (provided, however, Landlord shall be entitled to charge Tenant for such repairs and replacements to the extent provided in Section 3). Tenant shall, at least 90 days prior to Tenant’s sole cost upon the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after sooner termination or expiration of this Lease Lease, remove all trade fixtures, equipment, IT/cabling, movable furniture, furniture partitions, furnishings, or other personal property belonging to Tenant and repair any damage caused by such removal. Property not so removed shall be deemed abandoned by Tenant, and title to the same shall thereupon, at Landlord’s option, pass to Landlord. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to the provisions of Section 6, Tenant shall remove, at Tenant’s sole cost, any or all Alterations to the Premises installed by or at the expense of Tenant and all movable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage resulting from such removal. Tenant’s Work up to the amount of Tenant Allowance shall become the property of Landlord upon the lien free completion of Tenant’s Work, and the balance of Tenant’s Work shall be surrendered to and become the property of Landlord without any payment on the Expiration Date or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlordsooner termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Synopsys Inc)

Surrender of Premises. Upon On the expiration last day of the term of this Lease pursuant Lease, or on the sooner termination thereof, Lessee shall -40- peaceably surrender the Premises in good condition and repair (reasonable wear and tear and damage attributable to casualty or condemnation excepted) consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its terms (orsole cost and expense, in remove all of its property and trade fixtures and equipment from the event Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of a Lessee from the Premises upon termination of this Lease on a date other than and to cause its transportation and storage for Lessee's benefit, all at the scheduled Expiration Date sole cost and risk of this LeaseLessee, as promptly as commercially practicable thereafter (but and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any event within fifteen (15) days thereafter))manner in respect thereto. Lessee shall pay all costs and expenses of such removal, Tenant transportation and storage. Lessee shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on leave the Premises by Tenant) (collectivelyin good order, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Daterepair, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or storage of abandoned property and with respect to restoring said Premises to good order, condition and repair. All improvements, alterations, additions, installations and fixtures, other than Lessee's trade fixtures and equipment, which have been made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the foregoingprovisions of Article VIII hereof. If the Premises are not surrendered at the end of the term or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the Premises to Lessor at least 90 days the place then fixed for the payment of rent and shall inform Lessor of the combinations of any vaults, locks and safes left on the Premises. In the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease, but with Lessor's written consent, Lessee shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all the provisions, conditions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy, -41- except that the Base Rent shall be escalated to Lessor's then current base rent for the Premises according to Lessor's then current rental rate schedule for prospective tenants. In the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease and without Lessor's written consent, Lessee shall be deemed to be occupying the Premises without claim of right and Lessee shall pay Lessor for all costs arising out of loss or liability resulting from delay by Lessee in so surrendering the Premises as above provided and shall pay a charge for each day of occupancy in an amount equal to the greater of (i) 150% of the Base Rent plus Additional Rent (on a daily basis) then currently being charged by Lessor on new leases in the Office Complex for space similar to the Premises, or (ii) 150% of the Base Rent plus Additional Rent (on a daily basis) payable by Lessee under this Lease immediately prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by LandlordLease.

Appears in 1 contract

Samples: Purchase Agreement and Escrow Instructions (Udc Homes Inc)

Surrender of Premises. Upon At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in the same condition and repair (damage by acts of God, casualty, and normal wear and tear excepted) as received, but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in the same condition and working order as received, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant. On or before the expiration or earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may, by notice to Tenant given to Tenant concurrently with Landlord’s consent to such Alteration (or if no consent was required, within ninety (90) days prior to the Expiration Date), require Tenant, at Tenant’s expense, to remove, and Tenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Notwithstanding anything to the contrary contained herein, Tenant shall prior to the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “at Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) expense and in compliance with Laws the National Electric Code and other applicable Laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the benefit of Tenant in or around the Premises (includingcollectively, without limitationthe “Cabling”); provided, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Datehowever, reasonable wear and tear and damage Tenant shall not remove such Cabling if Tenant receives a written notice from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, Landlord at least 90 thirty (30) days prior to the expiration of the Term but not more than 180 days prior Lease authorizing such Cabling to such expirationremain in place, Landlord may commission, a Phase I site assessment and, if recommended by in which event the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance Cabling shall be surrendered with the terms Premises upon the expiration or earlier termination of the Lease with respect this Lease. All Alterations except those which Landlord requires Tenant to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofremove, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on remain in the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become as the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expenseLandlord. Tenant shall repair indemnify, defend and restore and save Landlord hold the Indemnitees (hereafter defined) harmless from and against any and all damage to Claims (defined below) (x) arising from any delay by Tenant in so surrendering the Premises caused including, without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such removal delay and (y) suffered by LandlordLandlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant.

Appears in 1 contract

Samples: Lease Agreement (Gsi Group Inc)

Surrender of Premises. Upon No act by Landlord 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 it is in writing and signed by Landlord. At the expiration of this Lease pursuant to its terms (or, in the event of a or termination of this Lease on a date other than or Tenant’s right to possess the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Premises, Tenant shall surrender (a) deliver to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, Premises broom-clean with all fixtures appurtenant thereto alterations, additions, betterments and improvements (but collectively, “Improvements”) located therein in good repair and condition (except for condemnation and Casualty damage not including furnishingscaused by Tenant, trade fixturesas to which Sections 14 and 15 shall control), furniture, computers, telephone systems, machinery, equipment free of any liens or encumbrances and other Personal Property installed or free of Hazardous Materials placed on the Premises by Tenantduring the Term; (b) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation deliver to Landlord all keys to the foregoing, at least 90 days prior Premises and all access cards to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site Project (and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the then-current replacement cost charged by Landlord for all such keys and access cards that are not returned); (c) remove all unattached trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) abandon and leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling [including conduit], whether located in the Premises or elsewhere in the Project, and Tenant covenants that such cabling shall be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or any successor statute, and shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box; and (e) remove such Improvements, and Tenant’s Off-Premises Equipment as Landlord may require and restore the areas surrounding such Improvements, and Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such Phase I Improvements, and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on Off-Premises Equipment; however, Tenant shall not be required to remove any Improvements to the Premises by or the Project if Landlord has specifically agreed in writing that the Improvements in question need not be removed. Tenant shall have the right to remove some or all of the Improvements constituting all or any subtenant or assignee portion of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expenseWork. Tenant shall repair and restore and save Landlord harmless from all damage caused by the removal of the items described above. If Tenant fails to remove any property, including any of the Premises property described above, Landlord may, at Landlord’s option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to 22 0000 XXXXXXXX XXXXXXX – XXXXX XXXXXXXX XXXXX, XX 00000 4812-0074-7958.V2 account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such removal by Landlordwork, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations hereunder (including collection costs and attorneys’ fees), plus interest thereon at the Default Rate, or (3) elect any of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Dirtt Environmental Solutions LTD)

Surrender of Premises. Upon At the expiration end of this Lease pursuant to its terms (or, in the event of a Term or upon sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender peaceably deliver up to Landlord possession of the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, together with all fixtures appurtenant thereto (but not including furnishingsimprovements, trade fixturesalterations or additions upon or belonging to the same, furnitureby whomsoever made, computersin the same condition as received, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Datefirst installed, reasonable wear and tear and damage caused by casualty that Tenant is not required to repair excepted. Tenant may, upon the termination of this Lease, remove all movable partitions of less than full height from fire or floor to ceiling, as well as counters and other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed trade fixtures installed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matterscost, repairing any damage caused by such removal. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions Property not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not so removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned by Tenant and become title to the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord same shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expensethereupon pass to Landlord. Tenant shall repair shall, upon the expiration or sooner termination of this Lease, remove all telecommunications, computer or data cabling installed by or for Tenant, repairing any damage caused by such removal. Upon request by Landlord at the time Landlord’s consent for the improvement or addition was given and restore except for Landlord improvements for the First Floor and save Landlord harmless from the Second Floor Improvements (other than as set forth in the next sentence), unless otherwise agreed to in writing by Landlord, Tenant, at its cost, shall, upon the expiration or sooner termination of this Lease, remove any or all damage permanent improvements or additions to the Premises caused installed by Tenant and all movable partitions, counters, and other trade fixtures and repair any damage resulting from such removal by removal. Anything herein to the contrary notwithstanding, Landlord may, at the time Landlord’s consent for improvements to the second floor is given, condition such consent on Tenant’s agreement to remove any or all labs from the second floor of the Premises upon the expiration or sooner termination of this Lease and repair any damage resulting from such removal.

Appears in 1 contract

Samples: Office Lease (Durect Corp)

Surrender of Premises. Upon On the expiration last day of the term of this Lease pursuant Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good broom-clean condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its terms (orsole cost and expense, in remove all of its property and trade fixtures and equipment from the event Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of a Lessee from the Premises upon termination of this Lease on a date other than and to cause its transportation and storage for Lessee's benefit, all at the scheduled Expiration Date sole cost and risk of this LeaseLessee, as promptly as commercially practicable thereafter (but and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any event within fifteen (15) days thereafter))manner in respect thereto unless caused by the gross negligence or willful misconduct of Lessor or its agents or employees. Lessee shall pay all costs and expenses of such removal, Tenant transportation and storage. Lessee shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on leave the Premises by Tenant) (collectivelyin good order, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Daterepair, reasonable wear and tear and damage from fire or and other casualty not caused by Lessee excepted. Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or storage of abandoned property and any new buildingswith respect to restoring said Premises to good order, condition and repair. All improvements, alterations, improvementsadditions, replacements installations and fixtures, other than Lessee's trade fixtures and equipment, which have been made or additions constructed installed by Tenant either Lessor or Lessee upon the Premises shall remain the property of Lessor and remaining shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the provisions of Article VIII hereof. If the Premises are not surrendered at the end of the term or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, in including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the same or better condition as when completed, reasonable wear Premises to Lessor at the place then fixed for the payment of rent and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration shall inform Lessor of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment combinations of any Sitevaults, for purposes of confirming locks and safes left on the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental mattersPremises. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as Lessee remains in possession of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease and without the execution of a new lease, but with Lessor's written consent, Lessee shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from to be occupying the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless as a tenant from all damage to the Premises caused by such removal by Landlord.month-to-month, subject

Appears in 1 contract

Samples: Lease (Vanstar Corp)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen thirty (1530) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including the Renovations and other Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 belowtherein, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed ​ ​ by Tenant Xxxxxx and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior Landlord’s written request provided that Landlord has reasonable, good faith cause to believe that a Release of Hazardous Materials has occurred or a violation of applicable Environmental Laws then exists on the expiration of the Term but not more than 180 days prior Property, Tenant shall commission and provide to such expirationLandlord, or Landlord may commission, in each event, at Tenant’s sole cost and expense, a Phase I site assessment and, if recommended by the such Phase I site assessmentI, a Phase II site assessment of any Sitethe Premises at Tenant’s sole cost and expense, for purposes of confirming the environmental condition of any such Site the Premises and TenantXxxxxx’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen thirty (1530) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord, except to the extent such damage is caused by Landlord or any Landlord’s Representatives gross negligence or willful misconduct.

Appears in 1 contract

Samples: Lease Agreement (Citi Trends Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the Tenant Improvements (but exclusive of portable elements of a raised floor HVAC system, cubicles and other furniture, portable lighting, exercise equipment and other assets related to the foregoing) (subject to the last paragraph of this SECTION 10.2) in good condition, except for reasonable wear and tear. Reasonable wear and tear shall not include any event within fifteen damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (15) days thereafterincluding, without limitation, any marks or stains of any portion of the floors)), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall surrender to Landlord the Premises, including remove all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishingstenant signage, trade fixtures, furniture, computersfurnishings, telephone systemspersonal property, machineryadditions, equipment and other Personal Property installed or placed on improvements which are not permanently affixed (subject to the Premises by Tenant) (collectively, “Tenant’s Personal Property”last paragraph of this SECTION 10.2), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on . By the date hereofwhich is twenty (20) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expirationtermination of this Lease, Landlord may commissionshall notify Tenant in writing of those fixtures (other than trade fixtures), a Phase I site assessment andalterations, if recommended additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment installation or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost removal of such Phase I signs, trade fixtures, furniture, furnishings, fixtures, additions and Phase II site assessments upon written demand improvements which are to be removed from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen hereunder. If Landlord fails to so notify Tenant at least twenty (1520) days after prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements (other than the Tenant Improvements) installed in or about the Premises by, or on behalf of Tenant which are not permanently affixed (subject to the last paragraph of this SECTION 10.2). Tenant shall ensure that the removal of such items and the repair of the Premises will be completed prior to such termination of this Lease. Tenant and Landlord acknowledge that as of the Lease Date, approximately 2 parking spaces per 1000 square feet of leasable area are located on the Premises. Landlord shall not unreasonably withhold its consent to Tenant's construction of a parking ramp or other parking structure on the property at Tenant's sole cost and expense in compliance with (i) the requirements for construction of tenant improvements under this Lease and (ii) all applicable laws. Landlord and Tenant acknowledge and agree that as of termination or expiration of this Lease Lease, and/or prior to any vacation of the Premises by Tenant, upon Landlord's request in Landlord's sole and absolute discretion (which request shall be deemed abandoned made at least six (6) months prior to expiration of the Lease Term, except in case of default by Tenant or other early termination), Tenant shall remove all of the Tenant Improvements and become otherwise take such action as may be required to make the property Premises suitable for a Class "A" warehouse use if Tenant has not caused additional parking to be provided on the Premises such that at least 3.5 parking spaces are available per 1000 square feet of leasable area, but Landlord without any payment or offset therefor if Landlord so elects. If Landlord acknowledges that Tenant shall not so elect, Landlord may remove such property from be required to make the Premises and have it stored at Tenant’s risk and expense. suitable for a warehouse use if Tenant shall repair and restore and save Landlord harmless from all damage has caused additional parking to be provided on the Premises caused by such removal by Landlordthat at least 3.5 parking spaces are available per 1000 square feet of leasable area.

Appears in 1 contract

Samples: Lease Agreement (New Ico Global Communications Holdings LTD)

Surrender of Premises. Upon At the expiration or earlier termination of the Term, Txxxxx will surrender the Demised Premises to Landlord in as good condition as when received, or in such better condition as the Demised Premises may be put during the Term, excepting ordinary wear and tear or damage by fire and other casualty resulting in termination of this Lease pursuant Lease. Tenant will surrender all keys for the Demised Premises to its terms (orLandlord at the place then fixed for the payment of rent and will inform Landlord of all combinations on locks, safes, and vaults, if any, in the event of a Demised Premises. Tenant's obligation to observe or perform this covenant will survive the expiration or other termination of this Lease on a date other than Lease. Prior to the scheduled Expiration Date expiration or earlier termination of this Lease, as promptly as commercially practicable thereafter (but in Tenant will remove any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including and all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property unattached items which Tenant may have installed in the Demised Premises, including, but not limited to, counters, shelving, show cases, chairs and unattached movable machinery purchased or placed on provided by Tenant and which are susceptible of being moved without damage to the Building of which the Demised Premises are a part. Tenant will promptly repair any damage to the Demised Premises caused by its removal of such fixtures and movables. If Tenant does not make such repairs, Txxxxx will be liable for and agrees to pay, as Additional Rent upon demand, Landlord's costs and expenses in making such repairs, together with a sum equal to ten percent (10%) of such costs and expenses to cover Landlord's overhead in making such repairs for Tenant) (collectively. Tenant will not remove any plumbing or electrical fixtures or equipment, “Tenant’s Personal Property”)heating or air conditioning equipment, free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws floor coverings (including, without limitationbut not limited to, Environmental Laws) and in as good (wall to wall carpeting), walls or better) condition and repair as existed as ceilings, all of which will be deemed to constitute a part of the Commencement Dateinterest and estate of Landlord, reasonable wear and tear and damage from fire nor will Tenant remove any fixtures or machinery that were furnished or paid for by Landlord whether initially installed or replaced. The Demised Premises will be left in a broom clean condition. If Tenant will fail to remove its trade fixtures or other casualty exceptedproperty as provided in this Section 11.7, the fixtures and any new buildings, alterations, improvements, replacements or additions constructed other property not removed by Tenant will be deemed abandoned by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration option of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and will become the property of Landlord without any payment Landlord, and may be removed or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored placed in storage at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage 's expense (plus ten percent (10%) as provided above), or sold or otherwise disposed of, in which event the proceeds of such sale or other disposition will belong to the Premises caused by such removal by Landlord.

Appears in 1 contract

Samples: Lease (Ra Medical Systems, Inc.)

Surrender of Premises. Upon the expiration Expiration Date or earlier termination of this Lease pursuant Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its terms (cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the event case of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord Lines exclusively serving the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove anywhere in accordance with Section 13 belowthe Project, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) the Building plenum, risers and in as good (or better) condition all conduits, and repair all damage to the Project caused by such removal as existed as follows: (i) in the case of the Commencement expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoingunless Landlord notifies Tenant, at least 90 ninety (90) days prior to the expiration Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment earlier termination of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofthis Lease, Tenant shall reimburse remove such Lines and repair such damage promptly after receipt of a notice from Landlord for the cost of requiring such Phase I removal and Phase II site assessments upon written demand from Landlordrepair. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if Lines not required to be removed within fifteen (15) days after termination or expiration of pursuant to this Lease Section shall be deemed abandoned and become the property of Landlord (without payment by Landlord), lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any payment liability to Tenant for loss or offset therefor if Landlord so elects. If Landlord shall not so electdamage thereto or loss of use thereof, Landlord may remove store such property from the Premises and have it stored in Tenant’s name at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to expense and/or dispose of the Premises caused same in any manner permitted by such removal by Landlordlaw.

Appears in 1 contract

Samples: Eventbrite, Inc.

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Surrender of Premises. Upon the expiration Expiration Date or earlier termination of this Lease pursuant Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its terms (cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the event case of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord Lines exclusively serving the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove anywhere in accordance with Section 13 belowthe Project, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) the Building plenum, risers and in as good (or better) condition all conduits, and repair all damage to the Project caused by such removal as existed as follows: (i) in the case of the Commencement expiration of the Lease Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoingunless Landlord notifies Tenant, at least 90 thirty (30) days prior to the expiration Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment earlier termination of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofthis Lease, Tenant shall reimburse remove such Lines and repair such damage promptly after receipt of a notice from Landlord for the cost of requiring such Phase I removal and Phase II site assessments upon written demand from Landlordrepair. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if Lines not required to be removed within fifteen (15) days after termination or expiration of pursuant to this Lease Section shall be deemed abandoned and become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord's option, to be abandoned by Tenant and Landlord may, without any payment liability to Tenant for loss or offset therefor if Landlord so elects. If Landlord shall not so electdamage thereto or loss of use thereof, Landlord may remove store such property from the Premises and have it stored in Tenant's name at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to 's expense and/or dispose of the Premises caused same in any manner permitted by such removal by Landlordlaw.

Appears in 1 contract

Samples: Lease (Riverbed Technology, Inc.)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen ten (1510) days thereafter, during which 10-day period Tenant shall be liable for the holdover rent pursuant to Section 29 hereof)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) Tenant (collectively, “Tenant’s Personal Property”)), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen ten (1510) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Big Lots Inc)

Surrender of Premises. Upon On or before the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Term, Tenant shall surrender vacate the Premises in broom‑clean condition and otherwise in the same condition as existed on date possession of such space was delivered to Landlord the PremisesTenant, including all ordinary wear and tear and fire and casualty loss excepted, except that any improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed made within or placed on the Premises by Tenant) (collectivelyTenant shall remain, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) same condition and repair as existed as of the Commencement Datewhen constructed or installed, reasonable wear and tear and damage from fire and casualty loss excepted; provided that (A) if Tenant has made any improvements or alterations within or on the Premises without Landlord’s prior written consent (or without other casualty exceptedprior written notice to Landlord), and then Tenant shall remove any new buildings, alterations, improvements, replacements such improvements on or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to before the expiration of the Term but not more than 180 if Landlord gives written notice to Tenant, at least thirty (30) days before the expiration of the Term, directing such removal, and (B) if Tenant has made any improvements or alterations within or on the Premises with Landlord’s prior written consent (or with other prior written notice to Landlord), then Tenant shall remove any such improvements on or before the expiration of the Term if Landlord has notified Tenant in writing, at the time Landlord consents to such expirationimprovements or alterations (or within thirty (30) days after Landlord receives other written notice of such improvements or alterations), Landlord may commission, a Phase I site assessment and, if recommended by that such improvements or alterations must be removed on or before the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms expiration of the Lease with respect to environmental mattersTerm. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofaddition, Tenant shall reimburse remove from the Premises all Tenant’s personal property and trade fixtures in order that Landlord for can repossess the cost of such Phase I and Phase II site assessments upon written demand from LandlordPremises on the day this Lease or any extension hereof expires or is sooner terminated. Any removal of Tenant’s Personal Property installed improvements, Tenant’s property and/or Tenant’s trade fixtures shall be accomplished in a manner which will minimize any damage or placed on injury to the Premises Premises, and any such damage or injury shall be repaired by Tenant or any subtenant or assignee of Tenant, if not removed at Tenant’s sole cost and expense, within fifteen thirty (1530) days after termination or expiration of this Lease shall be deemed abandoned and become Tenant vacates the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by LandlordPremises.

Appears in 1 contract

Samples: Lease Agreement (Inogen Inc)

Surrender of Premises. Upon On the expiration last day of this the Lease pursuant to its terms (or, in Term or upon the event of a sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, Tenant shall, to the reasonable satisfaction of Landlord, surrender the Premises (excluding the HVAC units or system servicing the Building which shall be governed by the next sentence) to Landlord in the same condition as promptly received (reasonable wear and tear excepted), but subject to Tenant's obligation to remove certain Alterations as commercially practicable thereafter provided in Paragraph 13.2 above and surrender such other Alterations with the Premises as provided in the last sentence of Paragraph 13.2. On the last day of the Lease Term or upon the sooner termination of this Lease, Tenant shall, to the reasonable satisfaction of Landlord surrender the air conditioning, ventilating and heating equipment (but in excluding the Older HVAC Units and any event within fifteen (15HVAC units that are not used by Tenant during the Lease Term) days thereafter))inspected, serviced and repaired by a reputable and licensed service firm. Tenant shall remove all of Tenant's personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant. Furthermore, Tenant shall surrender immediately repair all damage to the Premises and Common Area caused by any such removal. Landlord agrees to give Tenant written notice if Tenant left any personal property in the PremisesPremises following the expiration or earlier termination of the Lease Term. If the Premises are not so surrendered at Lease Termination in the condition required by this Paragraph 36, including all improvements including Alterations constructed Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from delay by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on so surrendering the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (any claims made by any succeeding tenant or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation losses to the foregoing, at least 90 days prior Landlord due to the expiration of the Term but not more than 180 days prior lost opportunities to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect lease to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlordsucceeding tenants.

Appears in 1 contract

Samples: Net Lease Agreement (Integrated Device Technology Inc)

Surrender of Premises. Upon Tenant shall, at least ninety (90) days before the expiration last day of this Lease pursuant the Term, arrange to its terms (or, in meet Landlord for a joint inspection of the Premises. In the event of a Tenant’s failure to arrange such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. At the end of the Term or any renewal thereof or other sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same condition as promptly received or first installed broom clean and free of all debris, ordinary wear and tear and damage by fire, earthquake, Act of God, or the elements alone excepted. Tenant may, upon termination of this Lease, remove, to the extent purchased and installed by Tenant and removable without material damage to such property or the Premises: all movable partitions of less than full height from floor to ceiling; counters; and other personal property of Tenant. All such removal shall be at Tenant’s sole cost and expense and Tenant shall fully repair any damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as commercially practicable thereafter (but by a bxxx of sale. Tenant shall complete all work as required by Section 7 above, including without limitation, all Landlord’s conditions or requirements issued in conjunction with Landlord’s consent to any event within fifteen (15) days thereafter))alterations, improvements or repairs. Upon request by Landlord, Tenant shall surrender remove, at its sole cost and expense, any or all permanent improvements or additions to the Premises installed by Tenant and all movable partitions, counters and other personal property of Tenant and Tenant shall repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not fully performed as of the Commencement Date, reasonable wear and tear and damage from fire expiration or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration earlier termination of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become survive the property expiration or earlier termination of Landlord without any payment the Term. Upon the expiration or offset therefor if Landlord so elects. If Landlord shall not so electearlier termination of the Term, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary: (i) to repair and restore and save Landlord harmless from all damage to the Premises caused as provided herein; and (ii) to discharge Tenant’s obligation for unpaid amounts due Landlord. All such amounts shall be used and held by Landlord for payment of such removal obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any Security Deposit shall be credited against the amount payable by Tenant hereunder.

Appears in 1 contract

Samples: Assignment And (AquaMed Technologies, Inc.)

Surrender of Premises. Upon Lessee will deliver up and surrender to Lessor possession of the Demised Premises upon the expiration of this Lease pursuant to or its terms (ortermination in any way, in as good condition and repair as the event same shall be at the commencement of a said term (loss by any casualty covered by insurance, fire, defaults inherent in construction not performed by Lessee, ordinary wear and decay, and any repairs which Lessor is made responsible for by this Lease, only excepted) and deliver the keys at the office of Lessor or Lessor's agent. Except as may otherwise expressly be requested by Lessor in writing, Lessee shall, on or before the expiration or earlier termination of this Lease or vacation of the Demised Premises, at its sole cost and expense, properly and in accordance with all applicable statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, county, and municipal governments, and any and all of their divisions, departments, and bureaus, and without causing injury or damage to the Demised Premises or the Building, remove, close, and/or cleanup, as may be appropriate, all trade fixtures; mezzanines; raised floors; processed water cooling towers and chillers; chemical processing equipment and piping; sump pumps; storage tanks; waste treatment facilities; below grade sumps; containment dikes; specialized electrical services and distribution; all other machinery, equipment, components, systems, and improvements used in or associated with Lessee's manufacturing operations; and all potentially contaminated or hazardous improvements, surfaces, piping, and materials so as to restore the Demised Premises to normal, generally usable, clean, and safe warehouse condition. Lessee shall be solely responsible for any damage caused to the Demised Premises or the Building by said removal, closure, and cleanup and shall immediately repair such damage, or at Lessee's option, remit to Lessor the cost of repairing said damage. With respect to sumps and containment dikes, Lessee shall remove all concrete and other material comprising sumps and containment dikes. Lessee shall collect a minimum of two soil samples from each sump and containment dike to demonstrate that there are no Hazardous Substances, including, but not limited to VAP-regulated metals, hexavalent chromium, and tin, as appropriate based on the history of each sump, present on Lessor's property. All sample analyses must be performed by an independent Ohio-certified laboratory. If a date other than release is documented, Lessee must respond to the scheduled Expiration Date release in accordance with Article VI(1)(b) of this Lease. Following any soil removal required pursuant to this Lease, as promptly as commercially practicable thereafter (but Lessee shall emplace compacted backfill in any event within fifteen (15) days thereafter))the sump and/or containment dike void and finish the floor area with concrete to match the adjacent concrete. All workmanship related to the investigation, Tenant remediation, and concrete replacement shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove be in accordance with accepted industry practices. Prior to performing any work pursuant to this Article VI, Section 13 below6, Lessee shall submit to Lessor for review and approval detailed plans and specifications for the work to be performed, together with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on such additional documentation as Lessor may reasonably require. Lessor shall have the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as right to require reasonable modifications of the Commencement Date, reasonable wear plans and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed specifications submitted by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by LandlordLessee.

Appears in 1 contract

Samples: Lease (Innovex Inc)

Surrender of Premises. HOLDING OVER Upon the expiration of this Lease pursuant to its terms (or, in the event of a term or the termination of this Lease on a date other than the scheduled Expiration Date or of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Tenant's right of possession, Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by tenant improvements, and alterations (except alterations which Tenant therein that Landlord has not requested that the right or obligation to remove) in good condition, except for ordinary wear and tear. Tenant shall remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (personal property including, without limitation, Environmental Laws) all wallpaper, paneling and in as good (other decorative improvements or better) condition fixtures and repair as existed as shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property before the expiration of the Commencement Dateterm, reasonable wear and tear and damage including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord can elect to retain or dispose of in any manner Tenant's personal proxxxxx not removed from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed the Premises by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior term. Tenant waives all claims against Landlord for any damage to such expirationTenant resulting from Landlord's retention or xxxxxsition of Tenant's personal property. Tenxxx xxall be liable to Landlord for Landlord's costs for storage, Landlord may commission, a Phase I site assessment and, if recommended by removal or disposal of Tenant's personal property. If Tenant fails to surrender the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming Pxxxxxxs upon the environmental condition of any such Site and Tenant’s compliance with the terms expiration of the term, or upon the termination of this Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofTenant's right of possession, Tenant shall reimburse Landlord for the cost of such Phase I defend, indemnify and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save hold Landlord harmless from all damage resulting loss or liability. If Tenant, with Landlord's consent, remains in xxxxxxxxon of the Premises after expiration of this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and rent, shall apply to the Premises caused by such removal by Landlordmonth-to-month tenancy. Tenant shall pay Base Monthly Rent in the amount of $19,508.00 plus 100% of said last month's estimate of Tenant's share of Expenses pursxxxx xo Section 4.2.

Appears in 1 contract

Samples: Percon Inc

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises to Landlord, together with the fixtures (other than trade fixtures), all then existing additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, to Landlord in good condition and repair including, but not limited to, replacing all light bulbs and ballasts not in good working condition, excepting for reasonable wear and tear and damage by casualty. Reasonable wear and tear shall not include any event within fifteen damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (15) days thereafterincluding, without limitation, any marks or stains of any portion of the floors)), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall surrender to Landlord the Premises, including remove all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishingstenant signage, trade fixtures, furniture, computersfurnishings, telephone systemspersonal property, machineryadditions, equipment and other Personal Property improvements (excluding the initial tenant improvements) unless Landlord requests, in writing, that Tenant not remove some or all of such trade fixtures, furniture, furnishings, additions or improvements installed by, or placed on behalf of Tenant or situated in or about the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on Premises. By the date hereofwhich is twenty (20) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expirationtermination of this Lease, Landlord may commissionshall notify Tenant in writing of those fixtures, a Phase I site assessment andalterations, if recommended furniture, furnishings, trade fixtures, additions and other improvements (excluding the initial tenant improvements) which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment installation or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost removal of such Phase I signs, trade fixtures, furniture, furnishings, fixtures, additions and Phase II site assessments upon written demand improvements which are to be removed from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so electshereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall not so electremove all tenant signage, Landlord may remove such property from fixtures, alterations, furniture, furnishings, trade fixtures, additions and other improvements installed in or about the Premises and have it stored at by, or on behalf of Tenant’s risk and expense. Tenant shall ensure that the removal of such items and the repair and restore and save Landlord harmless from all damage to of the Premises caused by will be completed prior to such removal by Landlordtermination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Shoe Pavilion Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))whether by forfeiture, Tenant shall surrender lapse of the time or otherwise, or upon the termination of Tenant's right to Landlord possession of the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance will at once surrender and deliver up the Premises, together with Section 13 below, with all the fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as trade fixtures), additions and improvements which Landlord has notified Tenant, in effect on the date hereofwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in compliance with Laws (including, without limitation, Environmental Laws) and the condition in as good (or better) condition and repair as which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear and shall not include any damage or deterioration to the floors of the Premises arising from fire the use of the forklifts in, on or other casualty exceptedabout the Premises (including, without limitation, any marks or stains of any portion of the floors), and any new buildings, alterations, improvements, replacements damage or additions constructed deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions and remaining at other improvements unless Landlord request, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises, in . By the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 date which is twenty (20) days prior to such expirationtermination of this Lease, Landlord may commissionshall notify Tenant in writing of those fixtures (other than trade fixtures), a Phase I site assessment andalterations, if recommended by the Phase I site assessmentadditions, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If other improvements which Landlord shall require Tenant not so elect, Landlord may to remove such property from the Premises and have it stored at Tenant’s risk and expensePremises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furnishings, additions and restore and save Landlord harmless improvements which are to be removed from all damage to the Premises caused by the Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements installed in or about the Premises by, or on behalf of Tenant. Tenant shall ensure that the removal by Landlordof such items and the repair of the Premises will be completed prior to such termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Infiniti Solutions LTD)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereofrespective Commencement Date) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofrespective Commencement Date, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.

Appears in 1 contract

Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc)

Surrender of Premises. Upon Tenant agrees on the expiration last day of this Lease pursuant to its terms (orthe Term, in or on the event of a sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, to surrender the Premises promptly and peaceably to Landlord in the configuration set forth in the Surrender Plans attached hereto as promptly Attachment 2 to the Tenant Work Letter attached as commercially practicable thereafter Exhibit C to this Lease (but the “Tenant Work Letter”) and the Detailed Surrender Plans (as defined below). If the Surrender Plans and/or the construction notes set forth on such plans are inconsistent with the provisions of this Paragraph 9(b), then, in that event, the Surrender Plans will prevail. At least ten (10) months before the Expiration Date, Tenant at its sole cost and expense shall prepare construction drawings that are consistent with and a logical evolution of the Surrender Plans and that contain the specifications and other detailed information required for submittal to and processing by the City of San Xxxx Building Department (the “Detailed Surrender Plans”) for Landlord’s review and approval, which shall not be unreasonably withheld, delayed or conditioned. The process for preparation and approval of the Detailed Surrender Plans and any event within fifteen (15) days iterations thereof shall be governed by Section 11 of this Lease. Tenant shall thereafter)), as and when appropriate, submit to and obtain approval by the City of San Xxxx of the Detailed Surrender Plans. Following approval of the Detailed Surrender Plans by Landlord and the City of San Xxxx, Tenant shall cause the work described in the Detailed Surrender Plans to be completed as and when required by this Lease. Tenant will surrender to Landlord the PremisesPremises in compliance with all applicable city, county, state and federal laws, including the ADA, and all improvements other applicable Laws. The Premises will be returned uniform in appearance, color scheme and texture, including but not limited to all floor coverings, walls and ceilings. All heating, ventilation and air conditioning (“HVAC”), plumbing, electrical and other Systems and Equipment (as defined in Paragraph 12(a)) will be returned in good operating condition and repair. All windows will be washed. Tenant shall remove all Alterations constructed by Tenant therein (as defined in Paragraph 11) that may have been made in or to the Premises except to the extent that Landlord has not requested that Tenant remove expressly agreed in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment writing to allow any particular Alteration to remain within the Premises. All cables and other Personal Property Lines installed or placed on by Tenant shall be removed as provide in Paragraph 15. If Tenant fails to complete the removal of Specialty Alterations and/or to repair any damage caused by the removal thereof, and/or to return the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days condition required by this Paragraph 9(b) prior to the expiration of the Term but not more than 180 days or prior termination of this Lease, then at Landlord’s option, either (A) Tenant shall be deemed to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by be holding over in the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site Premises and Tenant’s compliance Rent shall continue to accrue in accordance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofParagraph 32, Tenant below, until such work shall reimburse be completed, and/or (B) Landlord for may do so and may charge the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of thereof to Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.

Appears in 1 contract

Samples: Lease (Neophotonics Corp)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))whether by forfeiture, Tenant shall surrender lapse of time or otherwise, upon the termination of Tenant's right to Landlord possession of the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance will at once surrender and deliver up the Premises, together with Section 13 below, with all the fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as trade fixtures), additions and improvements which Landlord has notified Tenant, in effect on the date hereofwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in compliance with Laws (including, without limitation, Environmental Laws) and the condition in as good (or better) condition and repair as wh&h the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear and shall not include any damage or deterioration to the floors of the Premises arising from fire die use of forklifts in, on or other casualty exceptedabout the Premises (including, without limitation, any marks or stains of any portion of the floors), and any new buildings, alterations, improvements, replacements damage or additions constructed deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of thi; Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and remaining at other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises, in . By the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 date which is twenty (20) days prior to such expirationtermination of this Lease, Landlord may commissionshall notify Tenant in writing of those fixtures (other than trade fixtures), a Phase I site assessment andalterations, if recommended additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment installation or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost removal of such Phase I signs, trade fixtures, furniture, furnishings, fixtures, additions and Phase II site assessments upon written demand improvements which are to be removed from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so electshereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall not so electremove all tenant signage, Landlord may remove such property from alterations, furniture, furnishings, trade fixtures, additions and other improvements installed in or about the Premises and have it stored at by, or on behalf of Tenant’s risk and expense. Tenant shall ensure that & removal of such items and the repair and restore and save Landlord harmless from all damage to of the Premises caused by will be completed prior to such removal by Landlordtermination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Third Enterprise Service Group Inc)

Surrender of Premises. Upon the expiration Expiration Date or earlier termination of this Lease pursuant Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its terms (cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the event case of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord Lines exclusively serving the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove anywhere in accordance with Section 13 belowthe Project, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) the Building plenum, risers and in as good (or better) condition all conduits, and repair all damage to the Project caused by such removal as existed as follows: (i) in the case of the Commencement expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoingunless Landlord notifies Tenant, at least 90 thirty (30) days prior to the expiration Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment earlier termination of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofthis Lease, Tenant shall reimburse remove such Lines and repair such damage promptly after receipt of a notice from Landlord for the cost of requiring such Phase I removal and Phase II site assessments upon written demand from Landlordrepair. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if Lines not required to be removed within fifteen (15) days after termination or expiration of pursuant to this Lease Section shall be deemed abandoned and become the property of Landlord (without payment by Xxxxxxxx), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Xxxxxx and Landlord may, without any payment liability to Tenant for loss or offset therefor if Landlord so elects. If Landlord shall not so electdamage thereto or loss of use thereof, Landlord may remove store such property from the Premises and have it stored in Tenant’s name at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to expense and/or dispose of the Premises caused same in any manner permitted by such removal by Landlordlaw.

Appears in 1 contract

Samples: Office Lease (PACIFIC GAS & ELECTRIC Co)

Surrender of Premises. Upon the expiration Expiration Date or earlier termination of this Lease pursuant Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its terms (cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the event case of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Lines installed by or for Tenant shall surrender to Landlord and exclusively serving the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove anywhere in accordance with Section 13 belowthe Project, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) the Building plenum, risers and in as good (or better) condition all conduits, and repair all damage to the Project caused by such removal as existed as follows: (i) in the case of the Commencement expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoingunless Landlord notifies Tenant, at least 90 thirty (30) days prior to the expiration Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment earlier termination of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofthis Lease, Tenant shall reimburse remove such Lines and repair such damage promptly after receipt of a notice from Landlord for the cost of requiring such Phase I removal and Phase II site assessments upon written demand from Landlordrepair. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if Lines not required to be removed within fifteen (15) days after termination or expiration of pursuant to this Lease Section shall be deemed abandoned and become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any payment liability to Tenant for loss or offset therefor if Landlord so elects. If Landlord shall not so electdamage thereto or loss of use thereof, Landlord may remove store such property from the Premises and have it stored in Tenant’s name at Tenant’s risk expense and/or dispose of the same in any manner permitted by law. Notwithstanding anything to the contrary, except for Lines and expense. Equipment (which shall be removed in accordance with Section 32 above), Tenant shall repair and restore and save Landlord harmless from all damage have no obligations to remove any improvements or Alterations made to the Premises caused by such removal by Landlordthat are not Specialty Improvements.

Appears in 1 contract

Samples: Office Lease (iRhythm Technologies, Inc.)

Surrender of Premises. Upon 26.1 Tenant shall, at least thirty (30) days before the expiration last day of this Lease pursuant the Term, arrange to its terms (or, in meet Landlord for a joint inspection of the Premises. In the event of a termination Tenant's failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusively deemed correct for purposes of this Lease on a date determining Tenant's responsibility for repairs and restoration. 26.2 At the end of the Term or any renewal of the Term or other than the scheduled Expiration Date sooner tcrmination of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender will peaceably deliver up to Landlord possession of the Premises, including together with all improvements including Alterations constructed or additions upon or belonging to the same, by Tenant therein that Landlord has not requested that Tenant remove whomsoever rnade, in accordance with Section 13 belowthe same conditions received or first installed, with broom clean and free of all fixtures appurtenant thereto (but not including furnishingsdebris, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable excepting only ordinary wear and tear and damage from by fire or other casualty exceptedcasualty. Tenant may, and at Landlord's request shall, at Tenant's sole cost, remove upon termination of this Lcase, any new buildingsand all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so rcmoved shall, unless requested to be removed, bc deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lcase as by a bill xx sale. All other alterations, improvementsadditions and improvements h, replacements on or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to Premises shall be dealt with and disposed of as provided in Article 6. 26.3 All obligations of Tenant under this Lcase not fully performed as of the expiration or earlier tcrmination of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by Terrn shall survive the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms expiration or earlier terrnination of the Lease with respect to environmental mattersTerm. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned that Tenant's failure to perform prevents Landlord from releasing the Premiscs, Tenant shall continue to pay rent pursuant to the previous sentence reveals any recognized environmental conditions not present as provisions of Article 14 until such performance is complete. Upon the expiration or earlier termination of the date hereofTerm, Tenant shall reimburse pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts due or to become due to Landlord. All such amounts shall bc uscd and held by Landlord for the cost paymcnt of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee obligations of Tenant, if not removed within fifteen (15) days with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be rcturned to Tenant after termination or expiration of this Lease all such obligations havc been determined and satisficd. Any otherwise unused Security Deposit shall be deemed abandoned and become credited against the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused amount payable by such removal by LandlordTcnant under this Lease.

Appears in 1 contract

Samples: Lease (Intelect Communications Systems LTD)

Surrender of Premises. Upon (a) At the expiration end of the Term or any renewal thereof or other sooner termination of this Lease Lease, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord , by whomsoever made, in substantially the same condition as received, or first installed, subject to the terms of Paragraphs 6, 21 and 41, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to its terms Paragraph 20. Tenant may, upon the termination of this Lease, remove all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or, or in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Leasean earlier termination, as promptly as commercially practicable thereafter within five (but in any event within fifteen (155) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15earlier termination date) days after termination or expiration of this Lease shall be deemed abandoned by Tenant, and become title to the property same shall thereupon pass to Landlord. Upon such expiration or sooner termination of Landlord without any payment or offset therefor if Landlord so elects. If Landlord the Term, Tenant shall not so electupon demand by Landlord, Landlord may remove such property from the Premises and have it stored at Landlord’s election either (i) at Tenant’s risk sole cost and expense. , forthwith and with all due diligence remove any Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Alterations, Landlord shall repair advise Tenant at that time whether or not such Alterations must be removed upon the expiration or sooner termination of this Lease), and restore and save Landlord harmless from all damage the Premises to its original condition as of the Delivery Date, subject to the Premises caused by such removal by Landlordforegoing; or (ii) pay Landlord the reasonable estimated cost thereof.

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

Surrender of Premises. Upon On the expiration of this Lease pursuant to its terms (or, in the event of a Term or sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, Tenant shall, at Tenant's sole cost, (a) promptly and peaceably surrender the Premises to Landlord "broom clean," in good order and condition, (b) repair any damage to the Property caused by or in -------------------- (29) within five (5) calendar days after the date connection with the removal of any property from the Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner all holes and other marks in the floors, walls and ceilings of the Premises to Landlord's reasonable satisfaction, and (d) deliver all keys and access cards to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at Tenant's sole cost, remove Tenant's movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the Premises as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))the property of Landlord without compensation; however, Tenant shall surrender not remove any personal property or trade fixtures from the Premises without Landlord's prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Ann. (or any replacement provision). Landlord may require Tenaxx to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishingsany personal property, trade fixtures, furnitureother property, computersalterations, telephone systems, machinery, equipment additions and other Personal Property installed or placed on improvements made to the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants Tenant or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (by Landlord for Tenant including, without limitation, Environmental Laws) any computer lines, wiring, cabling and in as good (or better) facilities and other similar improvements, and to restore the Premises to their condition and repair as existed as of the Commencement Date. All personal property, reasonable wear trade fixtures and tear and damage other property of Tenant not removed from fire the Premises on the abandonment of the Premises or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to on the expiration of the Term but not more than 180 days prior or sooner termination of this Lease for any cause shall conclusively be deemed to such expirationhave been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord may commissionwithout notice to, a Phase I site assessment andand without any obligation to account to, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. No surrender of the Premises shall be effected by Landlord's acceptance of the keys or assignee of the rent or by any other means without Landlord's written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant, if not removed within fifteen (15) days after termination or expiration of 's obligations under this Lease shall be deemed abandoned and become in connection with surrender of the property of Premises until Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from has inspected the Premises and have it stored at Tenant’s risk and expense. delivered to Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlorda written release.

Appears in 1 contract

Samples: Office Lease (Arkona Inc)

Surrender of Premises. Upon No act by Landlord 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 it is in writing and signed by Landlord. At the expiration of this Lease pursuant to its terms (or, in the event of a or termination of this Lease on a date other than or Tenant’s right to possess the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Premises, Tenant shall surrender • deliver to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, Premises broom-clean with all fixtures appurtenant thereto alterations, additions, betterments and improvements (but collectively, “Improvements”) located therein in good repair and condition (except for condemnation and Casualty damage not including furnishingscaused by Tenant, trade fixturesas to which Sections 14 and 15 shall control), furniture, computers, telephone systems, machinery, equipment free of any liens or encumbrances and other Personal Property installed or free of Hazardous Materials placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on during the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation Term; • deliver to Landlord all keys to the foregoing, at least 90 days prior Premises and all access cards to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site Project (and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the then-current replacement cost charged by Landlord for all such keys and access cards that are not returned); • remove all unattached trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); • remove any and all telecommunications cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party that was not part of the Work unless otherwise agreed to in writing by Landlord prior to installation of such Phase I and Phase II site assessments upon written demand from Landlord. Any of cabling by Tenant, including all connections for any cabling that Tenant is required to remove, all at Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenantsole cost or, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove perform such property from the Premises and have it stored removal at Tenant’s risk sole cost, with the cost thereof to be paid to Landlord as Rent (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of the Term, to require Tenant to abandon and expenseleave in place, without additional payment to Tenant or credit against Rent, any and all such telecommunications cabling [including conduit], whether located in the Premises or elsewhere in the Project, and if Landlord so elects, Tenant covenants that such telecommunications cabling shall be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or any successor statute, and shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box); and • remove such Improvements and Tenant’s Off-Premises Equipment as Landlord may require and restore the areas surrounding such Improvements and Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such Improvements and Tenant’s Off-Premises Equipment; however, Tenant shall not be required to remove any Improvements to the Premises or the Project if Landlord has specifically agreed in writing that the Improvements in question need not be removed. Tenant shall repair and restore and save Landlord harmless from all damage caused by the removal of the items described above. If Tenant fails to remove any property, including any of the Premises property described above within three business days after expiration or earlier termination of this Lease, Landlord may, at Landlord’s option, deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such removal by Landlordwork, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations hereunder (including collection costs and attorneys’ fees), plus interest thereon at the Default Rate, or elect any of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Dicerna Pharmaceuticals Inc)

Surrender of Premises. Upon At the expiration of the Term or earlier termination of this Lease pursuant Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its terms obligations under this Lease, or any damage or deterioration due to or associated with prolonged hours regularly exceeding twelve (12) hours per day, non-office use other than light manufacturing, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors. On or before the expiration or earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may, by notice to Tenant given at the time of approval thereof, if Tenant requested at such time that Landlord indicate whether removal would be required or, if Tenant failed to make such request, then given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease on a date other than prior to the scheduled Expiration Date Date, in which event no advance notice shall be required), require Tenant, at Tenant’s expense, to remove, and (iii) the Removable TIs, to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the “Removable TIs”), and Tenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Landlord may elect to take responsibility to remove any such wiring or cabling installed above the ceiling or beneath the floors of the Premises, in which case Tenant shall pay Landlord for the actual cost incurred by Landlord therefor, (together with a five percent (5%) supervision/administration fee) within thirty (30) days after being billed for the same. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove, shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, as promptly as commercially practicable thereafter (but and in any event within fifteen (15) days thereafter))accordance with this Section 10 and Section 27 below, Tenant shall surrender continue to Landlord be responsible for the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with Section 13 said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all Claims (defined below, with all fixtures appurtenant thereto ) (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on x) arising from any delay by Tenant in so surrendering the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Lawsany Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay and (y) suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant. Notwithstanding anything to the contrary herein, Tenant shall, within twenty-four (24) hours after the expiration of this Lease, at Tenant’s expense and in as good compliance with the National Electric Code and other applicable laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the exclusive benefit of Tenant in or around the Premises (or better) condition and repair as existed as of collectively, the Commencement Date“Cabling”); provided, reasonable wear and tear and damage however, that Tenant shall not remove such Cabling if Tenant receives a written notice from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, Landlord at least 90 fifteen (15) days prior to the expiration of the Term but not more than 180 days prior Lease authorizing such Cabling to such expirationremain in place, Landlord may commission, a Phase I site assessment and, if recommended by in which event the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance Cabling shall be surrendered with the terms of Premises upon the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by LandlordLease.

Appears in 1 contract

Samples: Lease Agreement (Vnus Medical Technologies Inc)

Surrender of Premises. Upon the expiration or other termination of this Lease pursuant Lease, Tenant shall quit and surrender to its terms Landlord the Demised Premises and every part thereof (orexcept trade fixtures which Tenant may remove subject to Section 14, above) and all alterations, additions and improvements thereto, broom clean and in good condition and state of repair, reasonable wear and tear only excepted. Tenant shall remove all personalty and equipment not attached to the event Demised Premises which it has placed upon the Demised Premises, and Tenant shall restore the Demised Premises to the condition immediately preceding the time of a placement thereof. If Tenant shall fail or refuse to remove all of Tenant's effects, personalty and equipment from the Demised Premises upon the expiration or termination of this Lease on a date other than the scheduled Expiration Date for any cause whatsoever or upon Tenant being dispossessed by process of this Leaselaw or otherwise, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))such effects, personalty and equipment shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord. Tenant shall surrender to pay Landlord promptly any and all reasonable expenses incurred by Landlord in the Premisesremoval of such property, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or repairing any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises Building or Project caused by the removal of such removal property and storage charges (if Landlord elects to store such property). The covenants and conditions of this Article 31 shall survive any expiration or termination of this Lease. For purposes of this Section 31 and elsewhere in this Lease, Landlord and Tenant hereby acknowledge and agree that Tenant's trade fixtures, effects, personalty and equipment includes any free standing air conditioning units (excluding duct work), power distribution units, racks, cages, tape storage shelving units, satellite dishes, roof antennas and nonstructural electrical telecommunications, or computer equipment exclusively serving the Demised Premises and installed by Landlordor on behalf of Tenant.

Appears in 1 contract

Samples: Lease Agreement (Infocrossing Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant 26.1 All alterations, additions, and improvements in, on, or to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises made or installed by or for Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) carpeting (collectively, “Alterations”), shall be and in as good (remain the property of Tenant during the Term. Upon the expiration or better) condition and repair as existed as sooner termination of the Commencement DateTerm, reasonable all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease as by a xxxx of sale. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage from by fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty exceptedcasualty. Without limitation to Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least 90 the time of Landlord’s approval of the Alterations pursuant to Article 6 or within thirty (30) days prior after Landlord’s receipt of notice of a Cosmetic Alteration pursuant to Article 6, Tenant shall, at Tenant’s sole cost, remove any Alterations and/or Cosmetic Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. Tenant must, at Tenant’s sole cost, remove upon the expiration or sooner termination of this Lease, any and all of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the Tenant and title to the expiration same shall thereupon pass to Landlord under this Lease as by a xxxx of the Term sale, but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord remain responsible for the cost of removal and disposal of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or Personalty, as well as any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlordremoval.

Appears in 1 contract

Samples: Lease (Appgate, Inc.)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Termination, Tenant shall surrender the Premises to Landlord the Premisesfree of deferred maintenance in broom clean, including all improvements including Alterations constructed good condition and repair, normal wear and tear excepted (provided that normal wear and tear shall not include any wear and tear that could have been avoided by Tenant therein that Landlord prudent maintenance nor shall it include wear and tear which has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenantreached a point where an item is an economically practical matter ought to be replaced rather than repaired) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Lawswith (i) originally painted interior walls washed, or repainted if marked or chipped, (ii) other interior walls cleaned, repaired or replaced, (iii) all carpets cleaned and in good condition, (iv) all electrical, gas, steam, water, lighting, plumbing, sewer, mechanical and air conditioning, ventilating and heating systems and every part thereof inspected and in good operating condition and repair, (v) all exterior walls, roof and roofing, drop ceilings, plate glass, windows, doors, driveways, paving, concrete, landscaping, lighting, in good condition and repair, (vi) all Tenant Improvements (or their replacements) and other Alterations and every part thereof in as good (or better) operating condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty exceptedrepair, and any new buildings(vii) all floors cleaned, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation all to the foregoing, at least 90 days prior to the expiration reasonable satisfaction of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental mattersLandlord. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofUpon demand, Tenant shall reimburse Landlord for the cost of such Phase I repairing any and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises. If the Premises caused are not surrendered at Lease Termination as required by such removal this Section 11.5, Tenant shall indemnify Landlord against claims, loss or liability resulting from Tenant's failure to comply with the provisions of this Section 11.5, including, without limitation, any losses reasonably suffered by LandlordLandlord due to lost opportunities to lease the Premises to succeeding tenants. Landlord may, without abatement of Rentals, enter the Premises for alteration, renovation, or decoration during the last thirty days of the Lease Term if Tenant has removed substantially all of Tenant's personal property and has ceased using the Premises for the operation of its business therein.

Appears in 1 contract

Samples: Handspring Inc

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))whether by forfeiture, Tenant shall surrender lapse of time or otherwise, or upon the termination of Tenant’s right to Landlord possession of the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance will at once surrender and deliver up the Premises, together with Section 13 below, with all the fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as trade fixtures), additions and improvements which Landlord has notified Tenant, in effect on writing pursuant to the date terms of Section 10.1 hereof, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in compliance with Laws (including, without limitation, Environmental Laws) and the condition in as good (or better) condition and repair as which the Premises existed as of the Commencement Date, except for reasonable wear and tear casualty and condemnation. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from fire the use of forklifts in, on or other casualty exceptedabout the Premises (including, without limitation, any marks or stains of any portion of the floors), and any new buildings, alterations, improvements, replacements damage or additions constructed deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and remaining at other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises, in . By the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 date which is twenty (20) days prior to such expirationtermination of this Lease, Landlord may commissionshall notify Tenant in writing of those fixtures (other than trade fixtures), a Phase I site assessment andalterations, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site additions and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If other improvements which Landlord shall require Tenant not so elect, Landlord may to remove such property from the Premises and have it stored at Tenant’s risk and expensePremises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and restore improvements. Tenant shall ensure that the removal of such items and save Landlord harmless from all damage to the repair of the Premises caused by will be completed prior to such removal by Landlordtermination of this Lease. In no event shall Tenant be obligated to remove the initial Tenant Improvements to be constructed pursuant to Exhibit B attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Synplicity Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))whether by forfeiture, Tenant shall surrender lapse of time or otherwise, or upon the termination of Tenant's right to Landlord possession of the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance will at once surrender and deliver up the Premises, together with Section 13 below, with all the fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as trade fixtures), additions and improvements which Landlord has notified Tenant, in effect on the date hereofwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in compliance with Laws (including, without limitation, Environmental Laws) and the condition in as good (or better) condition and repair as which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear and shall not include any damage or deterioration to the floors of the Premises arising from fire the use of forklifts in, on or other casualty exceptedabout the Premises (including, without limitation, any marks or stains of any portion of the floors), and any new buildings, alterations, improvements, replacements damage or additions constructed deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and remaining at other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises, in . By the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 date which is one hundred eighty (180) days prior to such expirationtermination of this Lease, Landlord may commissionshall notify Tenant in writing of those fixtures (other than trade fixtures), a Phase I site assessment andalterations, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site additions and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If other improvements which Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.require

Appears in 1 contract

Samples: Lease Agreement (Jabil Circuit Inc)

Surrender of Premises. Upon No act by Landlord 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 it is in writing and signed by Landlord. At the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than the scheduled Expiration Date Term of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender deliver to Landlord the Premises, including Premises with all improvements including Alterations constructed located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, by Tenant therein that or its employees or contractors, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 15 and 16 shall control) excepted, and shall deliver to Landlord has not requested all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, unattached trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or personal property placed on in the Premises or elsewhere in the Building by TenantTenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling) (collectivelyAdditionally, “Tenantat Landlord’s Personal Property”)option, free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (includingTenant shall remove such alterations, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterationsadditions, improvements, replacements or additions constructed by Tenant trade fixtures, personal property, equipment, wiring, cabling, and remaining at the Premises, in the same or better condition furniture as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofrequest; however, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed not be required to remove any addition or placed on improvement to the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall has specifically agreed in writing that the improvement or addition in question need not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expensebe removed. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord upon 10 days written notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 21. The provisions of this Section 22 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

Surrender of Premises. Upon the Tenant shall, upon expiration of this Lease pursuant to its terms (or, in the event of a or sooner termination of this Lease on a date other than the scheduled Expiration Date of this Lease, surrender the Premises to Landlord in the same condition as promptly as commercially practicable thereafter (existed on the date Tenant originally took possession thereof, including, but not limited to, all interior walls cleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets shampooed and cleaned, and all floors cleaned, waxed, and free of any event within fifteen (15) days thereafter))Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord. Tenant shall remove all of its debris from the Project. At or before the time of surrender, Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance comply with the terms of the Lease Paragraph 12.A. hereof with respect to environmental mattersAlterations to the Premises and all other matters addressed in such Paragraph. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, the provisions of Paragraph 25 hereof shall apply. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event any Phase I site assessment of Tenant's failure to give such notice or Phase II site assessment recommended thereby commissioned pursuant participate in such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. Any delay caused by Tenant's failure to carry out its obligations under this Paragraph 36 beyond the previous sentence reveals any recognized environmental conditions not present as of the date term hereof, Tenant shall reimburse Landlord for the cost constitute unlawful and illegal possession of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlordunder Paragraph 25 hereof.

Appears in 1 contract

Samples: Lease (Geocities)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, Tenant shall peaceably surrender the Premises to Landlord broom-clean and in the same condition as promptly as commercially practicable thereafter on the date Tenant took possession (but in a) except for reasonable wear and tear, loss by fire or other casualty and loss by condemnation, the presence of Hazardous Materials (other than those released or emitted by Tenant or any event within fifteen Tenant Related Party) and repairs for which Tenant is not responsible under this Lease; and (15b) days thereafter))with all removal, restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that, if any of Tenant’s Property is removed, Tenant shall surrender promptly repair any damage to Landlord the PremisesPremises or to the Building resulting from such removal. If Tenant abandons or surrenders the Premises or is dispossessed by process of law or otherwise, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove any of Tenant’s Property left on the Premises shall be stored and/or disposed of in accordance with Section 13 below1980 et seq. of the California Civil Code, with or any similar Laws now or hereafter in effect. If Landlord elects to remove all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “any part of such Tenant’s Personal Property”), free the reasonable cost of removal, storage and clear disposal of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (Tenant’s Property, including, without limitation, Environmental Laws) and in as good (repairing any damage to the Premises or better) condition and repair as existed as of the Commencement Building caused by such removal, shall be paid by Tenant. On the Expiration Date, reasonable wear Tenant shall surrender all keys, parking cards and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at means of entry to the Premises, the Building and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in the same or better condition as when completedPremises. It is specifically agreed that any and all telephonic, reasonable wear and tear and damage from fire coaxial, ethernet, or other casualty excepted. Without limitation to the foregoingcomputer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at least 90 days prior to Tenant’s cost at the expiration of the Term but not more than 180 days prior to such expirationTerm, unless Landlord may commissionhas specifically requested in writing that the Telecom Wiring shall remain, a Phase I site assessment and, if recommended by whereupon the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance Telecom Wiring shall be surrendered with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present Premises as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlordproperty.

Appears in 1 contract

Samples: Office Lease (Shockwave Medical, Inc.)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than the scheduled Expiration Date of this Leasein good order, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Daterepair, reasonable wear and tear tear, permitted Alterations and damage from fire by casualty or condemnation (other casualty than any Landlord Unreleased Casualty Claims as defined in Section 10.2.3 above) excepted, and any new buildings, alterations, improvements, replacements will surrender all keys to the Premises to Property Manager or additions constructed by Tenant and remaining to Landlord at the Premisesplace then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the same Premises or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Property. Tenant or any subtenant or assignee will at such time remove all of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such its property from the Premises and, if Landlord so requests, all specified Alterations and have it stored at Tenant’s risk and expenseimprovements Tenant placed on the Premises. Tenant shall will promptly repair and restore and save Landlord harmless from all any damage to the Premises caused by such removal removal. Tenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section, including, without limitation, any Claim made by Landlordany succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Shopping Com LTD)

Surrender of Premises. Upon Section 15.01. Tenant shall, upon the expiration of this Lease pursuant to its terms (or, in the event of a or termination of this Lease on a date other than the scheduled Expiration Date of this Leasefor any reason whatsoever, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the buildings, structures and building equipment then upon the Demised Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, together with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment alterations and other Personal Property installed or placed replacements thereof then on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Demised Premises, in the same or better good order, condition as when completedand repair, that the Demised Premises are in on the completion of the construction contemplated hereby, except for reasonable and ordinary wear and tear. (Wherever the term “reasonable and ordinary wear and tear” is used in this Lease, it should be understood to contemplate that Tenant will have performed a reasonable maintenance program during the term hereof.) At the expiration of termination of this Lease for any reason whatsoever, Landlord shall have the right, at Landlord’s sole cost and expense, to inspect the Demised Premises through an independent licensed engineer and/or contractor in order to determine that all portions of the Demised Premises are in such good condition, ordinary wear and tear excepted. Any repairs deemed necessary in the opinion of the inspecting agent may be paid for out of proceeds of the Security Deposit. Title to all of Tenant’s trade fixtures, furniture and damage from fire equipment (other than building equipment) installed in the Demised Premises shall remain in Tenant, and upon expiration or other casualty excepted. Without limitation termination of this Lease, the same may and, upon the demand of Landlord, shall be removed and any resultant damage to the foregoingDemised Premises shall be repaired, by and at least 90 days prior to the expense of Tenant; provided, however, that if, upon any such expiration or other termination of this Lease, Tenant shall be delinquent or in default under any of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date provisions hereof, Tenant shall reimburse Landlord for the cost of not, without Landlord’s prior written consent, be entitled to remove any such Phase I trade fixtures, furniture or equipment unless and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed until such delinquency or placed on the Premises default shall have been cured, and if such delinquency or default shall not have been cured by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen thirty (1530) days after termination the date of such expiration or expiration termination, all such trade fixtures, furniture and equipment of this Lease shall Tenant shall, at Landlord’s option, be deemed abandoned and become the absolute property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Asbury Automotive Group Inc)

Surrender of Premises. Upon Whenever under the terms hereof Landlord is entitled to possession of the Premises, Tenant at once shall surrender the Premises and the keys thereto to Landlord in the same condition as on the Commencement Date hereof, natural wear and tear and casualty only excepted, and Tenant shall remove all of its personalty therefrom and shall, if directed to do so by Landlord pursuant to the provisions of Section 12, hereof, remove all improvements (and/or any cabling installed by or on behalf of Tenant) and restore the Premises to its original condition prior to the construction of any improvements which have been made therein by or on behalf of Tenant, including any improvements made prior to the Commencement Date. If Tenant fails to remove any of Tenant’s personal property on or before the expiration of this Lease pursuant to its terms (or, in the event of a or earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expense, shall be entitled to re-enter the Premises and remove and/or store such personal property, using such force as promptly as commercially practicable thereafter (but may be necessary without being guilty of forcible entry, detainer, trespass or other tort, and Landlord shall in any no event within fifteen (15) days thereafter))be responsible for the value, preservation or safekeeping thereof. Tenant shall surrender pay to Landlord the PremisesLandlord, including upon demand, any and all improvements including Alterations constructed reasonable expenses caused by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with such removal and all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases storage charges against such property so long as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same shall be in possession of Landlord or better condition as when completed, reasonable wear and tear and damage from fire or other casualty exceptedunder the control of Landlord. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment andIn addition, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of Tenant fails to remove any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such personal property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord at its option, may deem all or any part of such personal property to have been abandoned by Tenant and have it stored at title thereof shall immediately pass to Landlord under this Lease as by a xxxx of sale Tenant’s risk and expenseobligation to observe or perform these covenants shall survive the expiration or other termination of the Term of this Lease. Tenant If the last day of the Term of this Lease or any renewal falls on Sunday or a legal holiday, this Lease shall repair and restore and save Landlord harmless from all damage to expire on the Premises caused by such removal by Landlordbusiness day immediately preceding.

Appears in 1 contract

Samples: Lease Agreement (DARA BioSciences, Inc.)

Surrender of Premises. Upon On or before the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Termination Date, Tenant shall surrender possession of the Premises to Landlord Landlord, together with any and all card keys or other access devices. Prior to such surrender Tenant shall remove from the Premises all of Tenant's furniture, equipment and personal property and any collateral in which a lender to Tenant holds a security interest. In connection with Tenant’s surrender of the Premises, including all improvements including Alterations constructed by Tenant therein that shall not be obligated to remove any fixtures, alterations or cabling nor make any repairs or reimburse Landlord has not requested for any repairs to the Premises, but will remove any hazardous waste or related materials that Tenant remove has brought onto the Premises (“Tenant’s Hazardous Waste”). Tenant shall surrender the Premises in accordance “AS IS” condition (except as expressly provided in this Agreement) without any obligation to comply with Section 13 below13.2 of the Lease. Tenant shall obtain and file a termination of any Uniform Commercial Code filing covering any collateral located at the Premises in which any lender to Tenant holds a security interest, and shall provide Landlord with a copy of the filed termination statement. Tenant shall have no further right, title, interest or benefit in, to or under the Premises and/or the Lease following the Termination Date, and Landlord may dispose of all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computersequipment, telephone systems, machinery, equipment and other Personal Property installed cabling or placed personal property that Tenant leaves on the Premises by Tenant) after the Termination Date. Tenant shall defend, indemnify and hold Landlord harmless from and against any expenses, costs (collectivelyincluding reasonable attorneys’ fees), losses, claims, or damages arising from Tenant’s Personal Property”)failure to remove Tenant’s Hazardous Waste or equipment from the Premises by the Termination Date; provided, free however, the foregoing indemnification and clear of defense obligations shall not pertain to any occupants expenses, costs, attorneys’ fees, losses, claims, or tenancies (including subtenancies) (other than subtenants under subleases as damages arising from Tenant’s failure to surrender the Premises on or before the Termination Date because they are addressed elsewhere in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as this Agreement. If Tenant fails to surrender possession of the Commencement DatePremises to Landlord by the Termination Date as required under this Agreement, reasonable wear then Tenant shall pay Landlord Liquidated Damages (defined below) as Landlord’s exclusive damage remedy and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with specifically enforce the terms of this Agreement, including bringing an unlawful detainer action to evict Tenant from the Lease with respect Premises. Tenant will stipulate to environmental matters. In an Eviction Judgment (“Judgment”) and Writ of Restitution (“Writ”) in the event any Phase I site assessment form attached hereto as Exhibits 1 and 2, and agrees Landlord may enter the Judgment and enforce the Writ without obligation to demonstrate damage or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofpost a bond if, and only if, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on fails to surrender the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease the Termination Date. Landlord shall be deemed abandoned entitled to an award of attorney fees, costs and become the property of Landlord without any payment or offset therefor if Landlord so electsexpenses in such action. If Landlord shall not so elect, Landlord may remove such property from have the right to enter the Judgment or enforce the Writ unless Tenant fails to surrender possession of the Premises by the Termination Date, and have it stored at Tenant’s risk Landlord shall defend, indemnify and expense. hold Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by and against any expenses, costs (including reasonable attorneys’ fees), losses, claims, or damages arising from Landlord.’s

Appears in 1 contract

Samples: Lease Termination (SCOLR Pharma, Inc.)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a At termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in or any event within fifteen (15) days thereafter))renewal term, Tenant shall surrender agrees to Landlord deliver the Premises, including all improvements including Alterations constructed Demised Premises in the same condition as received by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed it on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, (subject to the removals hereinafter required), reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining shall surrender all keys for the Demised Premises to Landlord at the Premisesplace then fixed for the payment of Rent and shall inform Landlord of all combination of locks, safes and vaults, if any, in the same or better condition as when completedDemised Premises. Tenant agrees to pay $5.00 for each key not returned under the terms of this paragraph. Tenant, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to during the foregoing, at least 90 last thirty (30) days prior to the expiration of the Term but not more than 180 term of this Lease, shall remove all its trade fixtures, including the removal of its sign from the Building fascia, if any, and all window graphics as required in Article 3.4 and, to the extent required by Landlord by written notice, any other installations, alterations or improvements provided herein, before surrendering the Demised Premises as aforesaid. In addition to the above, within thirty (30) days after the expiration or sooner termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, remove all telephone, telecommunication, satellite reception, computer network, and Tenant specific electrical wiring installed by Tenant during the term of this Lease in the Demised Premises or anywhere in the Building or the Business Center outside of the Demised Premises, including, without limitation, the plenums or risers of the Building (collectively, “Tenant Wiring”). Notwithstanding the preceding, Landlord reserves the right to elect by written notice to Tenant prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms termination of the Lease to retain all or part of Tenant Wiring (“Landlord’s Wiring Election”). Tenant shall confirm that Landlord has been provided with respect the most recent Tenant Wiring Plan, as hereinafter defined in Article 4.4, and shall covenant to environmental mattersLandlord that Tenant is the sole owner of Tenant Wiring, has the right to surrender Tenant Wiring free of all liens and encumbrances, and that Tenant Wiring is in good condition, in working order, properly labeled, capped and sealed in proper junction boxes, and in safe condition. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions Landlord’s Wiring Election does not present as include all of the date hereofTenant Wiring, Tenant shall reimburse Landlord remove such portion of Tenant Wiring excluded from Landlord’s Wiring Election, which removal shall be in accordance with all City of Fort Xxxxxxx code regulations, shall be in accordance with the latest edition of the National Electrical Code (NEC) as promulgated periodically by the National Fire Protection Association (NFPA), and shall be completed without damaging or limiting the functionality of any Tenant Wiring to be retained in the Building pursuant to Landlord’s Wiring Election. Tenant’s obligation to observe or perform under this covenant shall survive the expiration or other termination of the Lease term. Tenant shall be responsible for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of to repair any damage to the Demised Premises caused by Tenant’s Personal Property installed or placed removal of its trade fixtures and Tenant Wiring. Furthermore, any items remaining in the Demised Premises on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration date of this Lease shall be deemed abandoned for all purposes and shall become the property of Landlord and the latter may dispose of the same without liability of any payment type or offset therefor if Landlord so electsnature. If Landlord shall not so electIn the event that Tenant fails or refuses to observe or perform the obligations set forth in this Article 4.3, Landlord may remove such property from any or all of Tenant Wiring and restore the Demised Premises or the Building, as the case may be, to their condition prior to the installation of Tenant Wiring, and have it stored at apply all or any portion of Tenant’s risk and expenseSecurity Deposit toward the payment of any costs or expenses incurred by Landlord to satisfy Tenant’s obligations. Tenant The retention or application of Tenant’s Security Deposit by Landlord shall repair and restore and save Landlord harmless from all damage not constitute a limitation on or waiver of Landlord’s right to the Premises caused by such removal by Landlordseek further remedy under law or equity.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 15 below, with all fixtures appurtenant thereto thereto, (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as unless consented to by Landlord in effect on the date hereof) and writing), and, subject to Section 13, in compliance with Laws (including, without limitation, Environmental Laws) and all Encumbrances and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better at least a substantially similar condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation For the avoidance of doubt, to the foregoing, at least 90 days prior to extent there is a bank vault in the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofPremises, Tenant shall reimburse Landlord for have no obligation to remove such vault on surrendering the cost Premises. At the end of such Phase I and Phase II site assessments upon written demand from the Term, all Alterations will belong to Landlord, unless they are Tenant’s Personal Property. Any Subject to Section 36 below, any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen thirty (1530) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects, after thirty (30) days’ prior written notice to Tenant following such thirty (30) day period. If Landlord shall not so elect, Landlord Landlord, after thirty (30) days’ prior written notice to Tenant following such thirty (30) day period, may remove such property from the Premises and have it stored or disposed of at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all material damage to the Premises caused by such removal by Landlord to the extent not caused by the negligence or willful misconduct of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Valley National Bancorp)

Surrender of Premises. Upon On the expiration last day of the term of this Lease pursuant Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its terms (orsole cost and expense, in remove all of its property and trade fixtures and equipment from the event of a Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property or Lessee from the Premises upon termination of this Lease on a date other than and to cause its transportation and storage for Lessee's benefit, all at the scheduled Expiration Date sole cost and risk of this LeaseLessee, as promptly as commercially practicable thereafter (but and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any event within fifteen (15) days thereafter))manner in respect thereto. Lessee shall pay all costs and expenses of such removal, Tenant transportation and storage. Lessee shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on leave the Premises by Tenant) (collectivelyin good order, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Daterepair, reasonable wear and tear and damage from fire or and other casualty not caused by Lessee excepted. Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or storage of abandoned property and any new buildingswith respect to restoring said Premises to good order, condition and repair. All improvements, alterations, improvementsadditions, replacements installations and fixtures, other than Lessee's trade fixtures and equipment, which have been made or additions constructed installed by Tenant either Lessor or Lessee upon the Premises shall remain the property of Lessor and remaining shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the provisions of Article VIII hereof. If the Premises are not surrendered at the end of the term or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, in including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the same or better condition as when completed, reasonable wear Premises to Lessor at the place then fixed for the payment of rent and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration shall inform Lessor of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment combinations of any Sitevaults, for purposes of confirming locks and safes left on the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental mattersPremises. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as Lessee remains in possession of the date hereofPremises after expiration of this lease and without the execution of a new lease, Tenant but with Lessor's written consent, Lessee shall reimburse Landlord be deemed to be occupying the Premises as a tenant from month-to-month, subject to all the provisions, conditions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy, except that the Base Rent shall be escalated to Lessor's then current base rent for the cost Premises according to Lessor's then current rental rate schedule for prospective tenants. In the event Lessee remains in possession of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease and without the execution of a new lease and without Lessor's written consent, Lessee shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from to be occupying the Premises without claim of right and have it stored at Tenant’s risk Lessee shall pay Lessor for all costs arising out of loss or liability resulting from delay by Lessee in so surrendering the Premises as above provided and expense. Tenant shall repair and restore and save Landlord harmless from all damage pay a charge for each day of occupancy in an amount equal to the Premises caused greater of (i) double the Base Rent and Additional Rent (on a daily basis) then currently being charged by such removal Lessor on new leases in the Office Complex for space similar to the Premises, or (ii) double the Base Rent and Additional Rent (on a daily basis) payable by LandlordLessee under this Lease immediately prior the expiration of this Lease.

Appears in 1 contract

Samples: Business Resource Group

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Term, Tenant shall surrender to Landlord the PremisesPremises and all tenant improvements and alterations in the same condition as existed at the Commencement Date, including except for ordinary wear and tear and alterations which Tenant has the right or is obligated to remove under the provisions of ¶14. herein. Tenant shall remove all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (personal property including, without limitation, Environmental Laws) all wallpaper, paneling and in as good (other decorative improvements or better) fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant’s personal property before the expiration of the Term, including, for example, restoring all wall surfaces to their condition and repair as existed as of the Commencement Date. In any event, reasonable wear Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and tear waxed; (iii) all carpets shall be cleaned and damage shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tile shall be replaced; (v) all exterior and interior windows shall be washed; (vi) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair as so certified by such firm; and (vii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). Landlord can elect to retain or dispose of in any manner Tenant’s personal property not removed from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed the Premises by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental mattersTerm. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse waives all claims against Landlord for the cost of such Phase I and Phase II site assessments upon written demand any damage to Tenant resulting from Landlord. Any ’s retention or disposition of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expensepersonal property. Tenant shall repair be liable to Landlord for Landlord’s cost for storage, removal and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlorddisposal of Tenant’s personal property.

Appears in 1 contract

Samples: Pixelworks Inc

Surrender of Premises. Upon the expiration of this the Lease pursuant to its terms (orTerm, in the event of a or upon any earlier termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall quit and surrender possession of the Premises to Landlord in as good order and condition as the Premisessame are now and hereafter may be improved by Landlord or Tenant, including reasonable wear and tear and repairs which are Landlord’s obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 belowdebris and rubbish, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) any and all computer, network, telecommunications and/or other systems or equipment installed in as good (or better) condition and repair as existed as about the Premises by or on behalf of Tenant prior to or during the Commencement Date, reasonable wear and tear and damage from fire or other casualty exceptedterm of this Lease, and any new buildingsand all wiring and/or cabling related thereto (irrespective of whether such wiring and cabling is installed or located in the Premises and/or any electrical rooms, alterationspathways, improvementsshafts, replacements risers, conduits or additions constructed plenums located within the Building and/or appurtenant thereto, it being the intent of the parties that Tenant shall remove the same, at Tenant’s sole cost and expense)), business and trade fixtures, free-standing cabinet work, moveable partitioning and other articles of personal property owned by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property and/or installed or placed on in the Premises by Tenant or any subtenant or assignee on behalf of Tenant, if not removed within fifteen (15) days after termination and all similar articles of any other persons claiming under Tenant unless Landlord exercises its option to have any subleases or expiration of this Lease shall be deemed abandoned subtenancies assigned to it, and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused and/or Building resulting from the installation and removal of such items to be removed and restore such areas to the condition that existed prior to the installation thereof in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration. In addition, prior to Lease Termination, Tenant shall, at its sole cost, take all actions necessary to close out any Hazardous Material permit(s) issued to Tenant (or any person or entity claiming an interest in the Premises, or any portion thereof, under, by or through Tenant) and obtain environmental closure from the applicable governmental authority with respect to the use of Hazardous Materials on or in the Premises by Tenant (or any person or entity claiming an interest in the Premises, or any portion thereof, under by or through Tenant). If the Premises are not so surrendered at Lease Termination, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants. Any personal property of Tenant not removed by Tenant upon the expiration of the Lease Term (or within five (5) business days after a termination by reason of Tenant’s default), as provided in this Lease, shall be considered abandoned and Landlord may remove any or all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant, and if Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of ninety (90) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, in its sole discretion, may deem proper, without notice or to demand upon Tenant, for the payment of all or any part of such charges or the removal by Landlordof any such property, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys’ fees for services rendered; second, to the payment of the cost of or charges for storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant. The provisions of this Paragraph 35 shall survive Lease Termination.

Appears in 1 contract

Samples: Improvement Agreement (Calix, Inc)

Surrender of Premises. Upon At the expiration of the Term or earlier termination of this Lease pursuant Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its terms obligations under this Lease. On or before the expiration or earlier termination of this Lease, Tenant shall remove (ori) all of Tenant’s Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease on a date other than prior to the scheduled Expiration Date Date, in which event no advance notice shall be required), require Tenant, at Tenant’s expense, to remove, and Tenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Notwithstanding anything to the contrary contained herein, Tenant shall, prior to the expiration of this Lease, as promptly as commercially practicable thereafter at Tenant’s expense and in compliance with the National Electric Code and other applicable Laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the benefit of Tenant in or around the Premises (but in any event within collectively, the “Cabling”); provided, however, Tenant shall not remove such Cabling if Tenant receives a written notice from Landlord at least fifteen (15) days thereafter)), Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior Lease authorizing such Cabling to such expirationremain in place, Landlord may commission, a Phase I site assessment and, if recommended by in which event the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance Cabling shall be surrendered with the terms Premises upon the expiration or earlier termination of the Lease with respect this Lease. All Alterations except those which Landlord requires Tenant to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofremove, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on remain in the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become as the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expenseLandlord. Tenant shall repair indemnify, defend and restore and save Landlord hold the Indemnitees (hereafter defined) harmless from and against any and all damage to Claims (defined below) (x) arising from any delay by Tenant in so surrendering the Premises caused including, without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such removal delay and (y) suffered by LandlordLandlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant.

Appears in 1 contract

Samples: Lease Agreement (Meru Networks Inc)

Surrender of Premises. Upon On the expiration of this Lease pursuant to its terms (orlast day, in the event of a or earlier permitted termination of this the Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Term, Tenant shall quit and surrender to Landlord the Premises, including all improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free in good and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) orderly condition and repair as existed as of the Commencement Date, (reasonable wear and tear tear, and damage from by fire or other casualty excepted), and any new buildingsshall deliver and surrender the Premises to the Landlord peaceably, together with all alterations, improvementsadditions and improvement in, replacements to or additions constructed on the Premises made by Tenant as permitted under the Lease. Prior to the expiration of the Lease Term the Tenant shall remove all of its property, fixtures, equipment and remaining at trade fixtures from the Premises. All property not removed by Tenant shall be deemed abandoned by Tenant, and Landlord reserves the right to charge the reasonable cost of such removal to the Tenant, which obligation shall survive the Lease termination and surrender hereinabove provided. Tenant shall be responsible to repair and/or replace any portion of the Premises damaged, or which may require restoration occasioned by such removal. If the Premises be not surrendered within sixty (60) days after the end of the Lease term, Tenant shall indemnify Landlord against loss or liability resulting from such delay by Tenant in surrendering the Premises, including, without limitation any claims made by any succeeding tenant founded on the delay, provided Tenant is given at least 15 days notice of such Tenant's planned occupancy. Without limiting Tenant's liability as hereinabove referred to, in the same or better condition as when completed, reasonable wear event surrender is delayed by Tenant. Tenant shall pay to Landlord a sum equal to one hundred twenty five (125%) percent of the Annual Basic Rent and tear and damage from fire or other casualty excepted. Without limitation to 100% of the foregoing, at least 90 days Additional Rent payable monthly prior to the expiration of the Term but not more than 180 days prior to such expirationLease Term, Landlord may commission, a Phase I site assessment and, if recommended by prorated per diem for the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming holdover term. All Annual Basic Rent and Additional Rent adjustments and executory covenants as in the environmental condition of any such Site Lease provided shall survive the Lease termination and Tenant’s compliance with the terms surrender of the Lease Premises in accordance with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlordtheir terms.

Appears in 1 contract

Samples: Lease Agreement (Computer Outsourcing Services Inc)

Surrender of Premises. HOLDING OVER Upon the expiration of this Lease pursuant to its terms (or, in the event of a term or the termination of this Lease on a date other than the scheduled Expiration Date or of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter))Tenant's right of possession, Tenant shall surrender to Landlord the Premises, including all improvements including Alterations constructed by tenant improvements, and alterations (except alterations which Tenant therein that Landlord has not requested that the right or obligation to remove) in good condition, except for ordinary wear and tear. Tenant shall remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (personal property including, without limitation, Environmental Laws) all wallpaper, paneling and in as good (other decorative improvements or better) condition fixtures and repair as existed as shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property before the expiration of the Commencement Dateterm, reasonable wear and tear and damage including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord can elect to retain or dispose of in any manner Tenant's personal proxxxxx not removed from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed the Premises by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior term. Tenant waives all claims against Landlord for any damage to such expirationTenant resulting from Landlord's retention or xxxxxsition of Tenant's personal property. Tenxxx xxall be liable to Landlord for Landlord's costs for storage, Landlord may commission, a Phase I site assessment and, if recommended by removal or disposal of Tenant's personal property. If Tenant fails to surrender the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming Pxxxxxxs upon the environmental condition of any such Site and Tenant’s compliance with the terms expiration of the term, or upon the termination of this Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereofTenant's right of possession, Tenant shall reimburse Landlord for the cost of such Phase I defend, indemnify and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save hold Landlord harmless from all damage resulting loss or liability. If Tenant, with Landlord's consent, remains in xxxxxxxxon of the Premises after expiration of this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and rent, shall apply to the Premises caused by such removal by Landlordmonth-to-month tenancy. Tenant shall pay Base Monthly Rent in the amount of $4,860.00 plus 100% of said last month's estimate of Tenant's share of Expenses pursxxxx xo Section 4.2.

Appears in 1 contract

Samples: Percon Inc

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