Common use of Surrender/Restoration Clause in Contracts

Surrender/Restoration. 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, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed.

Appears in 2 contracts

Samples: Responding Party (Penumbra Inc), Responding Party (Penumbra Inc)

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Surrender/Restoration. 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, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement DateDate with normal wear and tear excepted. Landlord, subject at Tenant’s expense shall retain a mechanical contractor to Tenant-Owned Alterations service all heating, ventilation and Utility Installations air conditioning equipment, and Tenant shall pay the removal of which is not required hereundercost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedcondition.

Appears in 2 contracts

Samples: Ooma Inc, Ooma Inc

Surrender/Restoration. 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, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner Upon termination of this Leasethe Lease Term or earlier termination of Tenant's right of possession, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same conditioncondition as received (with all Tenant-Made Alterations (including, broom cleanwithout limitation, any initial Tenant-Made Alterations), improvements and Trade Fixtures removed except as existed at otherwise expressly agreed in writing by Landlord) ordinary wear and tear, casualty loss and condemnation covered by Sections 9 and 14 excepted and otherwise in accordance with this Section. Without limiting the foregoing, Tenant shall remove any odor which may exist in the Premises resulting from Tenant’s occupancy of the Premises upon the termination of the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant Term or by Tenant’s removal earlier termination of Tenant’s right of possession. Any Trade Fixtures, Tenant-Made Alterations and property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be not so removed by Tenant as permitted or 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. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. Without limiting Tenant’s obligations under the Lease, Tenant acknowledges that it shall have the affirmative obligation to remove all damage caused racking and floor striping from the Premises by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at or before the expiration or sooner earlier termination of this Leasethe Lease Term. As guidance to the parties, Landlord mayremoval of the aforementioned racking shall include, without limitation, removal of the bolts in concrete associated therewith, all of which cut flush at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed the surface and make such repairs and replacements not so made pushed into the concrete one inch or hire, at Tenant’s expenses, independent contractors to perform such workmore below the slab. Tenant shall clean all resulting holes and shall fill the same with epoxy flush to the floor’s surface. Tenant understands that the holes created for any anchor bolts placed by or on behalf of Tenant must be liable drilled one inch deeper than the length of the anchor bolts themselves to Landlord permit removal in the manner provided above. Furthermore, if Tenant places (or causes to be placed) any floor striping in the Premises, then following removal of any such floor striping (i) there shall be no residual staining or other indication that such striping existed and (ii) Tenant must re-seal the floor with a sealant reasonably acceptable to Landlord. If Tenant elects to stripe the floor of the Premises, then Tenant shall utilize a floor striping material which can be removed and which will not permeate into the flooring. The foregoing does not constitute Landlord’s consent to Tenant’s placement of any racking and/or floor striping in the Premises, which placement shall be governed by the provision of the Lease. Additionally, without limiting Tenant’s obligations under the Lease, Tenant acknowledges that it shall have the affirmative obligation to cause all office, warehouse, emergency and exit lights to be fully operational with all bulbs and ballasts functioning; all truck doors, service doors, roll up doors and dock levelers serviced and placed in good operating order (including replacement of any dented truck door panels and adjustment of door tension to insure proper operation, with all door panels that have been replaced painted to match the building standard); dock seals/dock bumpers to be free of tears and broken backboards; all structural steel columns in the warehouse and office to be inspected for all costs incurred damage, with repairs of this nature pre-approved by Landlord prior to implementation; sheetrock (drywall) damage to be patched and fire-taped so that there are no holes in returning either office or warehouse; walls, carpet and vinyl tiles to be in a clean condition without any holes or chips in them (Landlord will accept normal wear on these items provided they appear to be in a maintained condition); any Tenant-installed equipment to be removed from the Leased Premises roof and roof penetrations properly repaired by licensed roofing contractor approved by Landlord; all exterior signs to be removed and holes patched and paint touched-up as necessary; HVAC systems to be placed in good working order, including the required necessary replacement of any parts to return the unit to a well maintained condition; and all electrical and plumbing equipment to be returned in good condition and Tenant shall be deemed repair and conforming to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedcode.

Appears in 2 contracts

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

Surrender/Restoration. The voluntary Lessee shall surrender the Premises by the Expiration Date or other surrender any earlier termination date, with all of this Lease the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear and damage caused by Tenant, or a mutual cancellation thereof, Lessor excepted. “Ordinary wear and tear” shall not work a mergerinclude any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, and shallif the Lessee occupies the Premises for 12 months or less, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant then Lessee shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same conditioncondition as delivered to Lessee on the Commencement Certain identified information has been omitted from this exhibit because it is not material and would likely cause competitive harm to the registrant if publicly disclosed. [***] indicates that information has been omitted. Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, broom cleanmaintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations well as the removal of any storage tank installed by or for Lessee. Lessee shall also remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or its employees, agents or contractors any third party (except Hazardous Substances which is not required hereunder. Tenant shall repair all damage were deposited via underground migration from areas outside of the Premises) to the Leased Premises caused by Tenant or by Tenant’s removal level specified in Applicable Requirements. Trade Fixtures shall remain the property of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles Lessee and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removalLessee. If Any personal property of Lessee not removed on or before the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration Expiration Date or sooner any earlier termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant date shall be deemed to have impermissibly held over until such time been abandoned by Lessee and may be disposed of or retained by Lessor as such required work is completedLessor may desire. Tenant The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.3(c) without the express written consent of Lessor shall pay Base Monthly Rent and Additional Rent at constitute a holdover under the rate payable immediately preceding the Expiration Date until such work is completedprovisions of Paragraph 24 below.

Appears in 2 contracts

Samples: Confidential Treatment Requested Redacted (Ascend Wellness Holdings, LLC), Confidential Treatment Requested Redacted (Ascend Wellness Holdings, LLC)

Surrender/Restoration. 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, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior Subject to the expiration or sooner termination provisions of this LeaseSections of 8.2, 8.4(b), 10 and 15, Tenant shall remove surrender the Premises by the end of the last day of the Primary Lease Term or any earlier termination date, clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s Trade Fixtures, furnishings, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations Installations, as well as the removal of which is not any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required hereunderby Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall repair all damage to the Leased Premises caused be removed by Tenant subject to its obligation to repair and restore the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or by Tenant’s removal upon the early termination of Tenant’s property and all damage right to occupy the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to have impermissibly held over until such time as such required work is completedTenant. Tenant shall pay Base Monthly Rent and Additional Rent at Landlord all expenses incurred in connection with such items including, but not limited to, the rate payable immediately preceding costs of repairing any damage to the Expiration Date until Premises caused by removal of such work is completeditems. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the Premises.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Applied Films Corp), Single Tenant Lease (Applied Films Corp)

Surrender/Restoration. Tenant shall surrender the Premises by the end of the last day of the Term or any earlier termination date, clean and free of debris, with all Hazardous Substances removed from the Premises, and in good operating order, condition and state of repair as more particularly described in the Move Out Standards attached as Exhibit G to this Lease, normal wear and tear, casualty and Landlord’s obligations excepted, and shall provide Landlord with keys for all interior doors. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The voluntary obligations of Tenant shall include the repair of any damage occasioned by the installation, maintenance or other surrender removal of this Lease Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Alterations and Utility Installations, as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any air quality, soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or customary real estate practices. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises pursuant to this Lease. Notwithstanding anything to the contrary contained herein, on or a mutual cancellation thereof, shall not work a merger, and shall, at before the option of Landlord, terminate all Expiration Date or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner earlier termination of this Lease, Tenant shall shall, at Tenant’s sole cost and 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 exclusive benefit of Tenant’s signs from Tenant in or around the exterior of Premises (collectively, the Building and shall remove all of Tenant’s equipment“Cabling”); provided, trade fixtureshowever, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to not remove the Leased Premises caused by Cabling if Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, receives a written notice from Landlord at least fifteen (15) days prior to the expiration or sooner earlier termination of this Lease authorizing all or any portion of the Cabling to remain in place, or if such Cabling will not unreasonably interfere with the leasing of the Premises or the next tenant’s use of the Premises, in which event the Cabling or portion thereof authorized by Landlord remain at the Premises shall be surrendered with the Premises upon expiration or earlier termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove TenantInitial /s/ AK Landlord’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed.Initial /s/ DA Rev.04/18

Appears in 2 contracts

Samples: Cue Health Inc., Cue Health Inc.

Surrender/Restoration. The voluntary Lessee shall surrender the Premises by the Expiration Date or other surrender any earlier termination date, with all of this Lease the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear and damage caused by Tenant, or a mutual cancellation thereof, Lessor excepted. “Ordinary wear and tear” shall not work a mergerinclude any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, and shallif the Lessee occupies the Premises for 12 months or less, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant then Lessee shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same conditioncondition as delivered to Lessee on the Commencement Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, broom cleanmaintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations well as the removal of any storage tank installed by or for Lessee. Lessee shall also remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or its employees, agents or contractors any third party (except Hazardous Substances which is not required hereunder. Tenant shall repair all damage were deposited via underground migration from areas outside of the Premises) to the Leased Premises caused by Tenant or by Tenant’s removal level specified in Applicable Requirements. Trade Fixtures shall remain the property of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles Lessee and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removalLessee. If Any personal property of Lessee not removed on or before the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration Expiration Date or sooner any earlier termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant date shall be deemed to have impermissibly held over until such time been abandoned by Lessee and may be disposed of or retained by Lessor as such required work is completedLessor may desire. Tenant The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.3(c) without the express written consent of Lessor shall pay Base Monthly Rent and Additional Rent at constitute a holdover under the rate payable immediately preceding the Expiration Date until such work is completedprovisions of Paragraph 24 below.

Appears in 2 contracts

Samples: Confidential Treatment (Ascend Wellness Holdings, LLC), Confidential Treatment (Ascend Wellness Holdings, LLC)

Surrender/Restoration. The voluntary Lessee shall surrender the Premises and tender keys to Lessor by the Expiration Date or other surrender any earlier termination date, with all of this Lease by Tenantthe improvements, or a mutual cancellation thereof, shall not work a mergerparts and surfaces thereof broom clean and free of debris, and shallin good operating order, at the option condition and state of Landlordrepair, terminate all ordinary wear and tear excepted. Any personal property of Lessee not removed on or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to before the expiration or sooner any earlier termination of this Lease, Tenant date shall remove all of Tenant’s signs from the exterior of the Building be deemed abandoned by Lessee and shall remove all be disposed of Tenant’s equipmentor retained by Lessor as Lessor may desire. "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, trade fixturesif this Lease is for 12 months or less, furniture, supplies, wall decorations and other personal property from the Leased Premises, and then Lessee shall vacate and surrender the Leased Premises to Landlord in the same conditioncondition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, broom cleanmaintenance or removal of Trade Fixtures, as existed at the Lease Commencement Date, subject to Tenant-Lessee Owned Alterations and/or Utility Installations, furnishings, and Utility Installations equipment as well as the removal of which is not required hereunderany storage tank installed by or for Lessee. Tenant Lessee shall repair all damage to also completely remove from the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property any and all damage to Hazardous Substances brought onto the exterior Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the Building caused by Tenant’s Project) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles Lessee and shall repair be removed by Lessee. The failure by Lessee to timely vacate the Premises and tender keys to Lessor by the Expiration Date or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner earlier termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord date pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removalParagraph 26 below. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed.Lessor's Initials Lessees Initials

Appears in 1 contract

Samples: Alldigital Holdings, Inc.

Surrender/Restoration. 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, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to At the expiration or sooner other termination of this Lease, Tenant Lessee shall remove surrender the Premises and all of Tenant’s signs from Non-Removable Items, including without limitation, the exterior Utility Infrastructure and Critical Fixtures (other than Removable Obsolete Items that Lessee has removed), and all Permitted Alterations and Restricted Alterations (other than Excluded Equipment) to Lessor in as good order and condition as they were at the commencement of the Term or may be put in thereafter in accordance with this Lease subject to reasonable wear and tear and limited to Lessee’s obligations under Paragraph 9 (Damage or Destruction), and 14 (Condemnation). As used in this Lease, “ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice. For the avoidance of doubt, the parties acknowledge and agree that all Utility Infrastructure and Critical Fixtures, Tenant Improvements, Additional Data Center Fixtures Additional Data Center Fixtures (subject to the removal provisions under Paragraph 7.6(a) with respect to Building 2 and it being agreed that Additional Data Center Fixtures may not in any event be removed from Building 1) and all Permitted Obsolete Item Replacements (other than Removable Obsolete Items that Lessee has removed) shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term. All Permitted Alterations and Restricted Alterations, shall become the property of Lessor and shall remove all remain upon and be surrendered with the Premises as a part thereof expiration or other termination of Tenant’s equipmentthe Term. Notwithstanding the foregoing, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same conditionevent Lessor provides Lessee notice, broom clean, as existed at the Lease Commencement Datetime Lessor approves a Restricted Alteration, that such alteration will be subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to upon the expiration or sooner other termination of the Term, then Lessee shall remove, at its sole cost and expense, the applicable alteration(s), as directed by Lessor. Alterations, Excluded Equipment and personal property of Lessee not so removed at the end of the Term or within sixty (60) days after the expiration or other termination of the Term for any reason whatsoever shall become the property of Lessor, and Lessor may thereafter cause such alterations and other property to be removed from the Premises. Lessor shall not in any manner or to any extent be obligated to reimburse Lessee for any Additional Data Center Fixtures, Tenant Improvements, Lessee Owned Alterations, Permitted Alterations, Restricted Alterations or other property which becomes the property of Lessor as a result of such expiration or other termination. The provisions of this Paragraph 7.6 shall survive the expiration or other termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed.

Appears in 1 contract

Samples: Lease Agreement (SAVVIS, Inc.)

Surrender/Restoration. The voluntary Lessee shall surrender the Premises by the end of the last day of the Lease term or other surrender any earlier termination date, with all of the improvements, parts and surfaces thereof clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted. "ORDINARY WEAR AND TEAR" shall not include any damage or deterioration that would have been prevented by good maintenance practice or to Lessee performing all of its obligations under this Lease Lease. Except as otherwise agreed or specified in writing by TenantLessor, or a mutual cancellation thereofthe Premises, as surrendered, shall not work a mergerinclude the Utility Installations. The obligation of Lessee shall include the repair of any damage occasioned by the installation, maintenance or removal of Lessee's Trade Fixtures, furnishings, equipment, and shallAlterations and/or Utility Installations, at as well as the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord removal of any storage tank installed by or for Lessee. Lessee's Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee subject to its obligation to repair and restore the Premises per this Lease. Notwithstanding anything to the contrary in the Lease, (1) All Lessee Owned Alterations and Utility Installations, Trade Fixtures, Lessee Improvements, and personal property installed in the Premises at Lessee's expense ("Lessee's Property") shall at all times remain Lessee's property; (2) other than as expressly provided to the contrary in Sections 9.4, 14, and 53, Lessee shall be entitled to all insurance and condemnation proceeds from Lessee's Property; (3) Lessee shall be entitled to all depreciation, amortization and other tax benefits with respect to such subleases or subtenancies. Immediately prior Lessee's; (4) Lessee shall not be required to remove any Lessee Improvements at the expiration or sooner earlier termination of this the Lease; (5) Lessee may remove at any time, Tenant shall remove all of Tenant’s signs from (i) the exterior of the Building Exhibit B Improvements as defined herein and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-(ii) any Lessee Owned Alterations and Utility Installations (other than the removal of Lessee Improvements which is are not required hereunder. Tenant shall repair all damage Exhibit B Improvements) which can be removed without structural injury to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair provided Lessee repairs all damage caused by such removal. If ; and (6) upon Lessee's request, Lessor shall advise Lessee in writing, within fifteen (15) days of the Leased receipt of such request, as to whether Lessor reserves the right to require Lessee to remove any Lessee Owned Alterations and Utility Installations (excluding Lessee Improvements) from the Premises are not surrendered to Landlord in the condition required by this Article at the upon expiration or sooner earlier termination of this the Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed.

Appears in 1 contract

Samples: Symyx Technologies Inc

Surrender/Restoration. The voluntary Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in as good and operating order, condition and state of repair as when received, ordinary wear and tear excepted and subject to the other surrender provisions of this Lease with respect to which Lessee Owned Alterations, Lessee Improvement Work and Utility Installations may remain in the Premises at the end of the Term. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by Tenantgood maintenance practice. Notwithstanding the foregoing, if this Lease is for 36 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the Project) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Lessee shall notify Lessor in writing at least 120 days prior to vacating the Premises and shall within 30 days prior to vacating arrange to meet with Lessor for a mutual cancellation thereofjoint inspection of the Premises prior to vacating. If Lessee fails to give such notice or to arrange for such inspection, then Lessor's inspection of the Premises shall not work be deemed conclusive for the purpose of determining Lessee's responsibility for repairs and restoration of the Premises. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a merger, and shall, at holdover under the option provisions of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenanciesParagraph 26 below. Immediately At least fourteen (14) days but no more than thirty (30) days prior to the expiration or sooner earlier termination of this the Lease, Tenant Lessee shall remove all of Tenant’s signs deliver to Lessor (i) a certificate from an engineer reasonably acceptable to Lessor certifying that the exterior HVAC and other air-handling systems are then in good repair and working order and (ii) in the event Lessee utilizes Hazardous Substances in or on the Premises during the Term, a Phase I environmental assessment of the Building Premises and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord if so recommended in the same conditionPhase I, broom clean, as existed at a Phase II environmental site assessment prepared by an environmental engineer reasonably acceptable to Lessor indicating that no Hazardous Substance Condition exists on the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations Premises in violation of applicable law. In the removal of event such Phase I environmental assessment determines that no Hazardous Substance Condition exists on the Premises for which Lessee is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord responsible pursuant to the provisions terms hereof, Lessor shall reimburse Lessee for the cost of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedPhase I environmental assessment.

Appears in 1 contract

Samples: SMART Modular Technologies (WWH), Inc.

Surrender/Restoration. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at Upon the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from surrender the exterior Premises by the end of the Building last day of the Lease term or any earlier termination date in its original condition (as when Tenant took possession of the Premises), clean and free of debris and in good operating order, condition and state of repair ordinary wear and tear excepted. Without limiting the generality of the above, Tenant shall remove all personal property, trade fixtures, unless Landlord requests, in writing, that Tenant not remove some or all of Tenant’s equipmentsuch fixtures (other than trade fixtures), additions or improvements installed by or on behalf of Tenant or situated in or about the Premises and floor bolts, patch all floors and cause all lights to be in good operating condition. By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, suppliesfurnishings, wall decorations fixtures, additions and other personal property improvements which are to be removed from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required by Tenant hereunder. If Landlord fails to so notify Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, at least twenty (20) days prior to the expiration or sooner such termination of this Lease, then Tenant shall remove any improvementsall tenant signage, constructed alterations, furniture, furnishings, trade fixtures, additions and other improvements (other than the Tenant Improvements) installed in or installed by about the Premises by, or on behalf of Tenant. Tenant which Landlord pursuant shall ensure that the removal of such items and the repair of the Premises will be completed prior to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease. Notwithstanding the foregoing, Landlord may, at Tenant’s expense, so Tenant may remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord from the Premises upon termination of this Lease the laboratory equipment specifically listed in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed.Exhibit E.

Appears in 1 contract

Samples: Industrial Lease (Abgenix Inc)

Surrender/Restoration. The voluntary or other surrender of this Lease lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such MULTI-TENANT - MODIFIED NET Eight-L 1993 —7— Initials / subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom cleanclean and freshly repainted, as existed at the Lease Commencement DateDate with the exception of ordinary wear and tear. Landlord, subject at Tenant’s expense shall retain a mechanical contractor to Tenant-Owned Alterations service all heating, ventilation and Utility Installations air conditioning equipment, and Tenant shall pay the removal of which is not required hereundercost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Excepting ordinary wear and tear, Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at in accordance with the rate payable immediately preceding terms of the Expiration Date Holding Over paragraph until such work is completed.

Appears in 1 contract

Samples: ADESTO TECHNOLOGIES Corp

Surrender/Restoration. The voluntary Lessee shall surrender the Premises by the Expiration Date or other surrender any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice Notwithstanding the foregoing, if this Lease by Tenantis for 12 months or less, or a mutual cancellation thereof, then Lessee shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same conditioncondition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, broom cleanmaintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations well as the removal of which is not required hereunderany storage tank installed by for Lessee. Tenant Lessee shall repair all damage to remove from the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property any and all damage to Hazardous Substances brought onto the exterior Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the Building caused by TenantPremises, or if applicable, the Project); provided, however, that Lessee shall not be obligated to perform or pay for work that exceeds statutory or regulatory requirements Trade Fixtures, including, without limitation, Lessee’s removal crane and paint booth, shall remain the property of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles Lessee and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removalLessee. If Any personal property of Lessee not removed on or before the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration Expiration Date or sooner any earlier termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant date shall be deemed to have impermissibly held over until been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of Paragraph 26 below. Except for Lessee’s obligations pertaining to Hazardous Substances, Lessor shall be deemed to have agreed that Lessee has performed its maintenance and repair obligations hereunder and that Lessee has surrendered the Premises in the condition required in this Lease if Lessor does not specify, in reasonable detail, in a written notice to Lessee given within 90 days after the surrender of the Premises to Lessor, any failure by Lessee to perform such maintenance and repair and to so surrender the Premises to Lessor or, if Lessor does not correct any such failure within a reasonable time as thereafter, not to exceed 90 days after such required work notice is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedgiven to Lessee.

Appears in 1 contract

Samples: Arbitration Agreement (Accuride Corp)

Surrender/Restoration. The voluntary Tenant shall surrender the Premises by the end of the last day of the Lease Term or other surrender any earlier termination date, clean and free of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, debris and shall, at in the option of condition originally received from Landlord, terminate all or any existing subleases or subtenancies, or may, at ordinary wear and tear excepted and in accordance with the option of Landlord, operate as an assignment Move Out Standards set forth in Exhibit D to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease. Without limiting the generality of the above, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipmentpersonal property, trade fixtures, furnitureand floor bolts, supplies, wall decorations and other personal property from the Leased Premisespatch all floors, and cause all lights to be in the condition delivered to Tenant. Tenant’s obligation to remove Alterations on the expiration or earlier termination of the Term shall vacate be governed by the terms of Paragraph 7.3. Upon the expiration or earlier termination of the Term, Tenant shall not be required to remove those Tenant Improvements (as defined in Exhibit F hereto) shown on the Final Preliminary Plans and surrender Specifications (as defined in Exhibit F hereto); provided, however, Landlord shall have the Leased Premises right to require that Tenant remove any Tenant Improvements not shown on the Final Preliminary Plans and Specifications; provided, further, in the event Tenant requests in writing, at the time Tenant delivers to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with for Landlord’s approval the Final Plans and Specifications, Construction Documents or not. Additionally, Tenant shall, prior any changes to the expiration or sooner termination Construction Documents, that Landlord specify which of this Lease, remove any improvements, constructed or installed by the Tenant which Improvements shown therein Landlord pursuant shall require to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner earlier termination of this Leasethe Term, Landlord may, at Tenant’s expense, agrees to so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors specify those Tenant Improvements shown therein which Landlord shall require to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedremoved.

Appears in 1 contract

Samples: D Lease (Harmonic Inc)

Surrender/Restoration. The voluntary Lessee shall surrender the Premises by the Expiration Date or other surrender any earlier termination date, with all of this Lease by Tenantthe improvements, or a mutual cancellation thereofparts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not work a mergerinclude any damage or deterioration that would have been prevented by good maintenance practice. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate equipment as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, well as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunderany storage tank installed by or for Lessee. Tenant Lessee shall repair also completely remove from the Premises any and all damage Hazardous Substances brought onto the Premises by or for Lessee, its agents, employees, contractors and invitees to the Leased Premises caused by Tenant or by Tenant’s removal level specified in Applicable Requirements. Trade Fixtures shall remain the property of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles Lessee and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removalLessee. If Any personal property of Lessee not removed on or before the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration Expiration Date or sooner any earlier termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant date shall be deemed to have impermissibly held over until such time been abandoned by Lessee and may be disposed of or retained by Lessor as such Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of Paragraph 26 below. Notwithstanding anything contained herein to the contrary, Lessee’s obligations with respect to the surrender of the Premises shall be fulfilled if Lessee surrenders possession of the Premises in the condition existing on the Commencement Date, ordinary wear and tear, casualties, condemnation, Hazardous Substances (other than those released or emitted by Lessee), permitted alterations (unless Lessor required work removal pursuant to Section 7.4 (b)) or other interior improvements that Lessee is completed. Tenant shall pay Base Monthly Rent and Additional Rent at not responsible for under the rate payable immediately preceding the Expiration Date until such work is completedLease, excepted.

Appears in 1 contract

Samples: ImmunityBio, Inc.

Surrender/Restoration. The voluntary COUNTY shall surrender the Premises by the end of the last day of the Term or other surrender any earlier termination date, with all of this Lease by Tenantthe improvements, or a mutual cancellation thereofparts and surfaces thereof clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not work a mergerinclude any damage or deterioration that would have been prevented by good maintenance practice or by COUNTY performing all of its obligations under this Lease. LESSOR may require, and shallin its sole discretion, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of that any or all such subleases Alterations or subtenancies. Immediately prior to Utility Installations be removed by the expiration or sooner earlier termination of this Lease, Tenant shall notwithstanding their installation may have been consented to by LESSOR. COUNTY’s obligation to remove any or all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned such Alterations and or Utility Installations shall include the removal of which is not required hereunder. Tenant shall obligation to promptly repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If COUNTY’s repair and restoration obligations under this Paragraph shall include the Leased Premises are not surrendered to Landlord in repair of any damage occasioned by the condition installation, maintenance or removal of Trade Fixtures, furnishings, equipment, and the removal, replacement, or remediation of any soil, material or ground water contaminated by COUNTY, all as may then be required by Applicable Law and/or this Article at Lease. COUNTY’s Trade Fixtures shall remain the property of COUNTY and shall be promptly removed by COUNTY on Lease expiration or sooner earlier termination subject to its obligation to repair and restore the Premises as set forth above. Notwithstanding the foregoing, COUNTY shall have the right during and upon expiration or earlier termination of this Leasethe Term to remove the equipment listed on attached Exhibit I (collectively, Landlord maythe “County Equipment”) from the Premises, provided COUNTY shall, at Tenant’s its sole cost and expense, so remove Tenant’s signs, property and/or improvements not so removed and make promptly repair any damage caused by such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedremoval.

Appears in 1 contract

Samples: Lease

Surrender/Restoration. The voluntary Tenant shall surrender the Premises by the end of the last day of the Lease Term or other surrender any earlier termination date, clean and free of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, debris and shall, at in the option of condition originally received from Landlord, terminate all or any existing subleases or subtenancies, or may, at ordinary wear and tear excepted and in accordance with the option of Landlord, operate as an assignment Move Out Standards set forth in Exhibit D to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease. Without limiting the generality of the above, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipmentpersonal property, trade fixtures, furnitureand floor bolts, supplies, wall decorations and other personal property from the Leased Premisespatch all floors, and shall vacate and surrender the Leased Premises cause all lights to Landlord be in the same condition, broom clean, as existed at the Lease Commencement Date, subject condition delivered to Tenant-Owned . Tenant's obligation to remove Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to on the expiration or sooner earlier termination of this Leasethe Term shall be governed by the terms of Paragraph 7.3. Upon the expiration or earlier termination of the Term, Tenant shall not be required to remove those Tenant Improvements (as defined in Exhibit F hereto) shown on the Final Preliminary Plans and Specifications (as defined in Exhibit F hereto); provided, however, Landlord shall have the right to require that Tenant remove any improvementsTenant Improvements not shown on the Final Preliminary Plans and Specifications; provided, constructed further, in the event Tenant requests in writing, at the time Tenant delivers to Landlord for Landlord's approval the Final Plans and Specifications, Construction Documents or installed by Tenant which Landlord pursuant any changes to the provisions Construction Documents, that Landlord specify which of Section 7.4(b) above, previously requested the Tenant Improvements shown therein Landlord shall require to be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner earlier termination of this Leasethe Term, Landlord may, at Tenant’s expense, agrees to so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors specify those Tenant Improvements shown therein which Landlord shall require to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedremoved.

Appears in 1 contract

Samples: Omneon Video Networks, Inc.

Surrender/Restoration. The voluntary On the Expiration Date, or other surrender upon any earlier termination of this Lease by TenantSublease, or a mutual cancellation thereofupon any re-entry by Sublandlord or the O\.vner upon the Premises, shall not work a merger, and Subtenant shall, at the option of Landlordits own expense, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate quit and surrender the Leased Premises (and all keys thereto) to Landlord in the same condition, Sublandlord broom clean, as existed at the Lease Commencement Datein good order, subject to Tenant-Owned Alterations condition and Utility Installations the removal of repair except for ordinary wear and tear and damage by fire or other casualty, condemnation or other damage which Subtenant is not responsible for under this Sublease, together with all improvements, alterations and modifications which have been made upon the Premises (except as otherwise required hereunderby this Sublease or the Lease). Tenant Subtenant shall repair remove from the Premises and the Building all of Subtenant's trade fixtures. equipment, furniture and all personal property of all persons or entities claiming through or under Subtenant (including, without limitation, the F'umi ture, and all or other items that may be required to be removed by Ovmer and shall pay Sublandlord on demand the cost of repairing all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If Subtenant shall also comply with Sections 5.2 and 5.l4 of the Leased Lease and shall remove any Subtenant Alterations, including, without limitation, all cabling and -.v. iring installed by or on behalf of Subtenant, which Owner has required Sublandlord to remove pursuant to Sections 5.2 and 5.14 of the Lease, and restore all damage to the Premises are not surrendered and the Building caused by such removal, unless Owner provides Sublandlord with an agreement in fonn and substance acceptable to Landlord Sublandlord in its sole and absolute discretion releasing Sublandlord from all restoration, removal and repair obligations with respect to Subtenant Alterations, including , without limitation, cabling and vviring installed by Subtenant. Notwithstanding the foregoing, Subtenant shall have no obligation to remove any alterations or improvements installed in the condition required Premises by this Article at the expiration or sooner termination on behalf of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedSublandlord.

Appears in 1 contract

Samples: Agreement of Sublease (Care.com Inc)

Surrender/Restoration. 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, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all touch up any painted wallswalls if needed. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed.

Appears in 1 contract

Samples: Penumbra Inc

Surrender/Restoration. 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, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom cleanclean and freshly repainted, as existed at the Lease Commencement Date. Only to the extent not covered in a contract between Tenant and its contractor, subject Landlord, at Tenant’s expense, shall retain a mechanical contractor to Tenant-Owned Alterations service all heating, ventilation and Utility Installations air conditioning equipment, and Tenant shall pay the removal of which is not required hereundercost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises caused by Tenant or by TenantXxxxxx’s removal of TenantXxxxxx’s property and all damage to the exterior of the Building caused by TenantXxxxxx’s removal of TenantXxxxxx’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses, and shall repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to upon the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at ​ ​ ​​ ​ ​ ​ ​ ​ MULTI-TENANT - MODIFIED NETEight-L 1993 ---- Initials / ​ ​ ​ ​ ​ ​ ​ Tenant’s expense, so remove TenantXxxxxx’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at in accordance with the rate payable immediately preceding terms of the Expiration Date Holding Over paragraph until such work is completed.

Appears in 1 contract

Samples: Responding Party (Interlink Electronics Inc)

Surrender/Restoration. 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, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s 's signs from the exterior of the Building and shall remove all of Tenant’s 's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and Initials___/___ surrender the Leased Premises to Landlord in the same condition, broom cleanclean and freshly repainted, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s 's removal of Tenant’s 's property and all damage to the exterior of the Building caused by Tenant’s 's removal of Tenant’s 's signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s 's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s 's approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses, and shall repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s 's expense, so remove Tenant’s 's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s 's expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at Tenant's Share of Common Area Operating Expenses in accordance with the rate payable immediately preceding terms of the Expiration Date Holding Over paragraph until such work is completed.

Appears in 1 contract

Samples: Wavesplitter Technologies Inc

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Surrender/Restoration. The voluntary Lessee shall surrender the Premises by the Expiration Date or other surrender any earlier termination date, with all of the Improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear and de.minimis alterations (such as nail holes) excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by best maintenance practices; (For advisory guidance as to what Lessor considers ordinary wear and tear refer to Exhibit B -“Tenant’s Guide to Move Out Condition.”) Notwithstanding the foregoing, if this Lease by Tenantis for twelve (12) months or less, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and then Lessee Shall surrender the Leased Premises to Landlord in the same conditioncondition as delivered to Lessee on the Start Date on the condition required herein with NO alley/ante for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, broom cleanmaintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations well as the removal of any storage tank installed by or for Lessee. Lessee shall remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or its agents, contractors, employees or Invitees (except Hazardous Substances which is not required hereunder. Tenant shall repair all damage were deposited via underground migration from areas outside of the Premises) to the Leased Premises caused by Tenant or by Tenant’s removal level specified in Applicable Requirements. Trade Fixtures shall remain the property of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles Lessee and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removalLessee. If Any personal property of Lessee not removed on or before the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration Expiration Date or sooner any earlier termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant date shall be deemed to have impermissibly held over until such time as such required work is completedbeen abandoned by Lessee and may be disposed of or retained by Lessor in Lessor’s sole discretion and Lessee hereby indemnifies, protects, and holds harmless and releases Lessor from liability therefor and does waive the benefit of a statute which would otherwise prevent Lessor from disposing of or retaining any personal property abandoned on the Project or in the Premises. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed.The failure

Appears in 1 contract

Samples: Stevanato Group S.p.A.

Surrender/Restoration. 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, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same broom clean condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations normal wear and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or nottear excepted. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, Alterations or Utility Installments constructed or installed by Tenant which that Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by when it gave its consent to such Alterations or Utility Installments, and Tenant and shall repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article Paragraph 7.4(c) at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed.

Appears in 1 contract

Samples: Rita Medical Systems Inc

Surrender/Restoration. The voluntary or other Subject to Paragraph 14, Subtenant shall surrender the Premises no later than the date of the expiration of this Lease by TenantSublease, or a mutual cancellation thereof, shall not work a merger, and shall, at the option date of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner earlier termination of this LeaseSublease if applicable, Tenant shall remove with all of Tenant’s signs from the exterior improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice. Subtenant shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Subtenant Owned Alterations and/or Utility Installations, furnishings, and equipment. Subtenant shall also comply with the requirements of Subparagraph 5.2(c) herein. Trade Fixtures shall remain the property of Subtenant and shall be removed by Subtenant. The failure by Subtenant to timely vacate the Premises pursuant to this Paragraph 8.4(c) without the express written consent of Sublandlord shall constitute a holdover under the provisions of Paragraph 25 below. Without limitation of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Dateforegoing, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) aboveParagraph 1.7, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at upon the expiration or sooner earlier termination of this Sublease, Subtenant shall at once surrender and deliver up to Sublandlord the Furniture with the Premises. At the time of such return to Sublandlord, the Furniture shall be fully assembled and configured in useable configurations, and in good condition and repair, ordinary wear and tear excepted. Subtenant acknowledges and agrees that Subtenant’s rights pursuant to this Paragraph 8 shall be subject to the rights of Master Landlord under the Master Lease (including without limitation Sections 6.03 and 17.09) and Subtenant agrees to comply with any requirements imposed pursuant to the Master Lease, including without limitation the right of Master Landlord mayto require removal of, at Tenant’s expenseor to take ownership of, so remove Tenant’s signsany alterations, property and/or additions and improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedPremises by Subtenant.

Appears in 1 contract

Samples: Ariba Inc

Surrender/Restoration. The voluntary Lessee shall surrender the Business Premises or other surrender the Vacant Lot, as applicable, by the end of this Lease by Tenantthe last day of the applicable lease term or any earlier termination date (as applicable, the “Surrendered Premises”), with all of the improvements, parts and surfaces thereof broom clean and free of debris and in good operating order, condition and state of repair, except for (i) ordinary wear and tear, or (ii) such other improvements, parts and surfaces that are Lessor’s obligations to repair under the Lease, including Lessor’s obligations to repair, if any, as a mutual cancellation thereof, result of the Premises Partial Damage or Condemnation. “Ordinary wear and tear” shall not work a merger, include any damage or deterioration that would have been prevented by good maintenance practice. Lessee shall surrender to Lessor all keys and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all other such subleases or subtenancies. Immediately prior items pertaining to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Surrendered Premises, and shall vacate repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Alterations and/or Utility Installations, furnishings, and surrender the Leased Premises to Landlord in the same condition, broom clean, equipment as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations well as the removal of any storage tank installed by or for Lessee. Lessee shall completely remove from the Surrendered Premises any and all Hazardous Substances brought onto the Surrendered Premises by or for Lessee and Lessee’s Agents during the term of the Lease (except Hazardous Substances which is were deposited via underground migration from adjacent properties not caused or contributed to by Lessee or Lessee’s Agents), and take all investigatory and/or remedial action as required hereunder. Tenant shall repair all damage to under the Leased Applicable Requirements for the cleanup of any contamination of the Surrendered Premises that was caused by Tenant Lessee or by TenantLessee’s removal Agents. Trade Fixtures shall remain the property of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles Lessee and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removalLessee on or before the Expiration Date or any earlier termination date. If Any personal property of Lessee not removed on or before the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration Expiration Date or sooner any earlier termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant date shall be deemed to have impermissibly held over until such time been abandoned by Lessee and may be disposed of or retained by Lessor as such required work is completedLessor may desire. Tenant The failure by Lessee to timely vacate the Surrendered Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall pay Base Monthly Rent and Additional Rent at constitute a holdover under the rate payable immediately preceding the Expiration Date until such work is completedprovisions of Paragraph 26.

Appears in 1 contract

Samples: Single Tenant Lease (Transdigm Holding Co)

Surrender/Restoration. The voluntary or other Tenant shall surrender of this Lease the Premises by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner earlier termination of the Lease Term, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted, and with all damage and/or injury to the Premises by Tenant or any person who may be in or upon the Premises by the consent of Tenant, repaired by Tenant at Tenant's sole cost and expense. At Landlord's election, all work of restoration shall be performed by Xxxxxxxx and paid for by Xxxxxx, with the cost of such restoration to be determined by Landlord based on the lowest of two (2) written estimates obtained by Landlord, which restoration work Landlord shall commence only after Xxxxxxxx has received payment therefor from Tenant. "Original Condition" is defined as perimeter/demising walls only with all interior partitions and partition walls removed, all ceilings properly re-hung following demolition, and all plumbing and electrical systems redone to met then current building codes. "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Tenant shall repair any damage occasioned by the installation, maintenance or removal of Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Tenant. Any and all basins, lavatories, sinks, water closets, water heaters, lighting fixtures, receptacles, hardware, cabinets, partitions (whether permanently built-in or the type which attaches to the floor or walls directly or through a bracket-type installation), doors and floor coverings (other than carpets) are herein construed to be permanent improvements and shall not be removed from the Premises upon the expiration or early termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipmentexcept as provided in Section 7.4(b), trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunderabove. Tenant shall repair also completely remove from the Premises any and all damage Hazardous Substances brought onto the Premises by or for Tenant, or any third party even if such removal would require Tenant to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the Leased Premises caused property of Tenant and shall be removed by Tenant. The failure by Tenant or by Tenant’s removal of Tenant’s property and all damage to timely vacate the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord Premises pursuant to this Section without the express written consent of Landlord shall constitute a holdover under the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed26 below.

Appears in 1 contract

Samples: covinaca.gov

Surrender/Restoration. The voluntary Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in as good and operating order, condition and state of repair as when received, ordinary wear and tear excepted and subject to the other surrender provisions of this Lease with respect to which Lessee Owned Alterations, Lessee Improvement Work and Utility Installations may remain in the Premises at the end of the Term. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by Tenantgood maintenance practice. Notwithstanding the foregoing, if this Lease is for 36 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the Project) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Lessee shall notify Lessor in writing at least 120 days prior to vacating the Premises and shall within 30 days prior to vacating arrange to meet with Lessor for a mutual cancellation thereofjoint inspection of the Premises prior to vacating. If Lessee fails to give such notice or to arrange for such inspection, then Lessor’s inspection of the Premises shall not work be deemed conclusive for the purpose of determining Lessee’s responsibility for repairs and restoration of the Premises. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a merger, and shall, at holdover under the option provisions of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenanciesParagraph 26 below. Immediately At least fourteen (14) days but no more than thirty (30) days prior to the expiration or sooner earlier termination of this the Lease, Tenant Lessee shall remove all of Tenant’s signs deliver to Lessor (i) a certificate from an engineer reasonably acceptable to Lessor certifying that the exterior HVAC and other air-handling systems are then in good repair and working order and (ii) in the event Lessee utilizes Hazardous Substances in or on the Premises during the Term, a Phase I environmental assessment of the Building Premises and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord if so recommended in the same conditionPhase I, broom clean, as existed at a Phase II environmental site assessment prepared by an environmental engineer reasonably acceptable to Lessor indicating that no Hazardous Substance Condition exists on the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations Premises in violation of applicable law. In the removal of event such Phase I environmental assessment determines that no Hazardous Substance Condition exists on the Premises for which Lessee is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord responsible pursuant to the provisions terms hereof, Lessor shall reimburse Lessee for the cost of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedPhase I environmental assessment.

Appears in 1 contract

Samples: SMART Global Holdings, Inc.

Surrender/Restoration. The voluntary or other surrender of this Lease lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom cleanclean and freshly repainted, as existed at the Lease Commencement Date. Landlord, subject at Tenant’s expense shall retain a mechanical contractor to Tenant-Owned Alterations service all heating, ventilation and Utility Installations air conditioning equipment, and Tenant shall pay the removal of which is not required hereundercost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses, and shall repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at in accordance with the rate payable immediately preceding terms of the Expiration Date Holding Over paragraph until such work is completed.

Appears in 1 contract

Samples: Opnext Inc

Surrender/Restoration. The voluntary Tenant shall surrender the Premises by the end of the last day of the Lease term or other surrender any earlier termination date, clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease by TenantLease. Except as otherwise agreed or specified herein, or a mutual cancellation thereofthe Premises, as surrendered, shall not work a merger, include the Alterations and shall, at Utility Installations. The obligation of Tenant shall include the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord repair of any damage occasioned by the installation, maintenance or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all removal of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s Trade Fixtures, furnishings, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations Installations, as well as the removal of which is not any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required hereunderby Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall repair all damage to the Leased Premises caused be removed by Tenant or by Tenant’s removal of Tenant’s property subject to its obligation to repair and all damage restore the Premises per this Lease. If Tenant fails to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replaceremove any Trade Fixtures, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to Alterations and/or Utility Installations upon the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b(i) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord mayLandlord, at Tenant’s sole cost and expense, so may remove and dispose of the same (and repair any damage occasioned thereby) or deliver such items to any other place of business of Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hirewarehouse the same, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall pay the cost of such removal, repair, delivery, or warehousing within five (5) days after demand from Landlord and (ii) such failure shall be deemed to have impermissibly held a holding over by Tenant under Section 26 below until such time as such required work failure is completedrectified by Tenant or Landlord. Tenant Tenant’s obligation hereunder shall pay Base Monthly Rent and Additional Rent at survive the rate payable immediately preceding expiration or other termination of the Expiration Date until such work is completedLease.

Appears in 1 contract

Samples: Industrial Multi Tenant Lease (Ironclad Performance Wear Corp)

Surrender/Restoration. The voluntary COUNTY shall surrender the Premises by the end of the last day of the Term or other surrender any earlier termination date, with all of this Lease by Tenantthe improvements, or a mutual cancellation thereofparts and surfaces thereof clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not work a mergerinclude any damage or deterioration that would have been prevented by good maintenance practice or by COUNTY performing all of its obligations under this Lease. Subject to the immediately following paragraph, and shallLESSOR may require, at the option of Landlordin its sole discretion, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of that any or all such subleases Alterations or subtenancies. Immediately prior to Utility Installations be removed by the expiration or sooner earlier termination of this Lease, Tenant shall notwithstanding their installation may have been approved by LESSOR. COUNTY’s obligation to remove any or all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned such Alterations and or Utility Installations shall include the removal of which is not required hereunder. Tenant shall obligation to promptly repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If COUNTY’s repair and restoration obligations under this Paragraph shall include the Leased Premises are not surrendered to Landlord in repair of any damage occasioned by the condition installation, maintenance or removal of Trade Fixtures, furnishings, equipment, and the removal, replacement, or remediation of any soil, material or ground water contaminated by COUNTY, all as may then be required by applicable law and/or this Article at Lease. COUNTY’s Trade Fixtures shall remain the property of COUNTY and shall be promptly removed by COUNTY on Lease expiration or sooner earlier termination subject to its obligation to repair and restore the Premises as set forth above. Notwithstanding anything to the contrary contained herein, concurrently with requesting LESSOR’s consent to Alterations or Utility Installations pursuant to this Clause, COUNTY shall have the right to request in writing LESSOR’s determination whether LESSOR will require that such Alterations or Utility Installations be removed upon expiration or earlier termination of this the Lease. If such a request is made, Landlord may, at TenantLESSOR shall notify COUNTY whether LESSOR will require the removal of such Alterations or Utility Installations. LESSOR’s expense, so remove Tenantfailure to notify COUNTY within ten (10) business days following receipt of COUNTY’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant request shall be deemed to be LESSOR’s requirement that such Alterations or Utility Installations be removed upon expiration or earlier termination of the Lease. Notwithstanding the foregoing, COUNTY shall have impermissibly held over until the right during and upon expiration or earlier termination of the Term to remove the equipment listed on attached Exhibit I (collectively, the “County Equipment”) from the Premises, provided COUNTY shall, at its sole cost and expense, promptly repair any damage caused by such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedremoval.

Appears in 1 contract

Samples: Lease

Surrender/Restoration. The voluntary Landlord and Tenant agree and understand that Tenant has occupied the Premises since the Commencement Date of the Sublease and that upon termination of the Lease Term or other earlier termination of Tenant’s right of possession, Tenant shall surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment Premises to Landlord of any or all such subleases or subtenanciesin good condition and repair, ordinary wear and tear, casualty loss and condemnation covered by Sections 9 and 14 excepted and otherwise in accordance with this Section. Immediately prior to Without limiting the expiration or sooner termination of this Leaseforegoing, Tenant shall remove all any odor which may exist in the Premises resulting from Tenant’s occupancy of the Premises upon the termination of the Lease Term or earlier termination of Tenant’s signs from right of possession. Upon Tenant’s written request (which request must contain the exterior of following language as it appears: “LANDLORD’S RESPONSE TO THIS REQUEST FOR CONSENT MUST INCLUDE LANDLORDS ELECTION TO REQUIRE TENANT TO REMOVE THE SUBJECT UTILITY INSTALLATION OR ALTERATION AT THE EXPIRATION OF THE LEASE TERM OR LANDLORD WILL BE DEEMED TO HAVE WAIVED ITS RIGHT TO REQUIRE TENANT TO REMOVE SAID UTILITY INSTALLATION OR ALTERATION”), Landlord shall identify to Tenant, at the Building and shall remove all time of Tenant’s equipmentrequest for approval of Tenant-Made Alterations, trade fixtureswhich approved Tenant-Made Alterations Landlord will require Tenant to remove upon surrender of the Premises. Any Trade Fixtures, furniture, supplies, wall decorations Tenant-Made Alterations and other personal property from (including the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord foregoing which may have been constructed or placed in the same condition, broom clean, as existed at Premises during the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior term of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Existing Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be not so removed by Tenant as permitted or required herein shall be deemed abandoned and repair all damage caused may be stored, removed, and disposed of by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. Tenant acknowledges and agrees to remove all epoxy flooring from the Premises that was installed under the Sublease, upon termination of the Lease Term or earlier termination of Tenant’s signsright of possession. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, property and/or improvements not so removed including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and make such repairs all obligations concerning the condition and replacements not so made or hire, at repair of the Premises. Without limiting Tenant’s expensesobligations under the Lease, independent contractors Tenant acknowledges that it shall have the affirmative obligation to perform such workremove all racking and floor striping from the Premises by or before the expiration or earlier termination of the Lease Term. As guidance to the parties, removal of the aforementioned racking shall include, without limitation, removal of the bolts in concrete associated therewith, all of which cut flush at the surface and pushed into the concrete one inch or more below the slab. Tenant shall clean all resulting holes and shall fill the same with epoxy flush to the floor’s surface. Tenant understands that the holes created for any anchor bolts placed by or on behalf of Tenant must be liable drilled one inch deeper than the length of the anchor bolts themselves to Landlord permit removal in the manner provided above. Furthermore, if Tenant places (or causes to be placed) any floor striping or epoxy flooring in the Premises, then following removal of any such epoxy or floor striping (i) there shall be no residual staining or other indication that such striping or epoxy existed and (ii) Tenant must re-seal the floor with a sealant reasonably acceptable to Landlord. If Tenant elects to stripe the floor of the Premises, then Tenant shall utilize a floor striping material which can be removed, and which will not permeate into the flooring. The foregoing does not constitute Landlord’s consent to Tenant’s placement of any racking and/or floor striping or epoxy in the Premises, which placement shall be governed by the provision of the Lease. Additionally, without limiting Tenant’s obligations under the Lease, Tenant acknowledges that it shall have the affirmative obligation to cause all office, warehouse, emergency and exit lights to be fully operational with all bulbs and ballasts functioning; all truck doors, service doors, roll up doors and dock levelers serviced and placed in good operating order (including replacement of any dented truck door panels and adjustment of door tension to insure proper operation, with all door panels that have been replaced painted to match the building standard); dock seals/dock bumpers to be free of tears and broken backboards; all structural steel columns in the warehouse and office to be inspected for all costs incurred damage, with repairs of this nature pre-approved by Landlord prior to implementation; sheetrock (drywall) damage to be patched and fire-taped so that there are no holes in returning either office or warehouse; walls, carpet and vinyl tiles to be in a clean condition without any holes or chips in them (Landlord will accept normal wear on these items provided they appear to be in a maintained condition); any Tenant-installed equipment to be removed from the Leased Premises roof and roof penetrations properly repaired by licensed roofing contractor approved by Landlord; all exterior signs to be removed and holes patched and paint touched-up as necessary; HVAC systems to be placed in good working order, including the necessary replacement of any parts to return the unit to a well maintained condition; and all electrical and plumbing equipment to be returned in good condition and repair and conforming to code. Tenant acknowledges and agrees that the terms and conditions of this Section 7.C(2) shall be subject to an inspection by Landlord, which shall occur prior to the required condition and Tenant Commencement Date of this Lease. Any improvements, Trade Fixtures, Tenant-Made Alternations and/or property installed, constructed or placed in the Premises during the Existing Lease term, deemed by Landlord, in its sole discretion, as necessary to be removed from the Premises shall be deemed subject to have impermissibly held over until such time as such required work is completedthe terms and conditions of this Section 7.C(2). Landlord shall notify Tenant in writing prior to the Commencement Date of this Lease, which improvements, Trade Fixtures, Tenant-Made Alterations and/or property it shall pay Base Monthly Rent and Additional Rent require to be removed or restored at the rate payable immediately preceding the Expiration Date until such work is completedend of this Lease Term.

Appears in 1 contract

Samples: Xos, Inc.

Surrender/Restoration. The voluntary Lessee shall surrender the Premises by the Expiration Date or other surrender any earlier termination date, with all of this Lease the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear and damage caused by Tenant, or a mutual cancellation thereof, Lessor excepted. “Ordinary wear and tear” shall not work a mergerinclude any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, and shallif the Lessee occupies the Premises for 12 months or less, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant then Lessee shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same conditioncondition as delivered to Lessee on the Commencement Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, broom cleanmaintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations well as the removal of any storage tank installed by or for Lessee. Lessee shall also remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or its employees, agents or contractors any third party (except Hazardous Substances which is not required hereunder. Tenant shall repair all damage were deposited via underground migration from areas outside of the Premises) to the Leased Premises caused by Tenant or by Tenant’s removal level specified in Applicable Requirements. Trade Fixtures shall remain the property of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles Lessee and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removalLessee. If Any personal property of Lessee not removed on or before the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration Expiration Date or sooner any earlier termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant date shall be deemed to have impermissibly held over until such time been abandoned by Lessee and may be disposed of or retained by Lessor as such required work is completedLessor may desire. Tenant The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.3(c) without the express written consent of Lessor shall pay Base Monthly Rent and Additional Rent at constitute a holdover under the rate payable immediately preceding the Expiration Date until such work is completed.provisions of Paragraph 26 below. 12 of 42 Initials: ______, _______

Appears in 1 contract

Samples: Lease (Zenlabs Holdings Inc)

Surrender/Restoration. 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, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s Tenants signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s Tenants signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvementsImprovements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completed.

Appears in 1 contract

Samples: Penumbra Inc

Surrender/Restoration. The voluntary or other surrender of this Lease lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations normal wear and Utility Installations the removal of which is not required hereundertear and casualty damage excepted. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such work is completedcondition.

Appears in 1 contract

Samples: EGAIN Corp

Surrender/Restoration. The voluntary Lessee shall surrender the Premises by the Expiration Date or other surrender any earlier termination date, with all of this Lease by Tenantthe improvements, or a mutual cancellation thereofparts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not work a mergerinclude any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, and shallif the Lessee occupies the Premises for 12 months or less, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the expiration or sooner termination of this Lease, Tenant then Lessee shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same conditioncondition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, broom cleanmaintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations well as the removal of any storage tank installed by or for Lessee. Lessee shall also remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which is not required hereunder. Tenant shall repair all damage were deposited via underground migration from areas outside of the Premises) to the Leased Premises caused by Tenant or by Tenant’s removal level specified in Applicable Requirements. Trade Fixtures shall remain the property of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles Lessee and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord pursuant to the provisions of Section 7.4(b) above, previously requested be so removed by Tenant and repair all damage caused by such removalLessee. If Any personal property of Lessee not removed on or before the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration Expiration Date or sooner any earlier termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant date shall be deemed to have impermissibly held over until such time been abandoned by Lessee and may be disposed of or retained by Lessor as such required work is completedLessor may desire. Tenant The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall pay Base Monthly Rent and Additional Rent at constitute a holdover under the rate payable immediately preceding the Expiration Date until such work is completed.provisions of Paragraph 26 below. ________ ________ INITIALS INITIALS

Appears in 1 contract

Samples: Work Agreement (Glass House Brands Inc.)

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