Common use of Surrender Clause in Contracts

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 2 contracts

Samples: Wavesplitter Technologies Inc, Wavesplitter Technologies Inc

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Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, whether by forfeiture, lapse of time, or otherwise, or upon the termination of Tenant’s right to possession of the Premises, Tenant shall will at once surrender and deliver up the Premises Premises, to Landlord in its good and broom-clean condition existing as of the Commencement Dateand repair, normal reasonable wear and tear and damage loss by fire or other casualty excepted. All Tenant Additions will, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred following the expiration or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, remain in the Premises as Landlord’s property unless Landlord may retain or dispose of such property and all rights of directs Tenant with respect to it shall cease, or Landlord may place remove all or any portion of same whereupon Tenant agrees that it shall, at its expense, remove such Tenant Additions (or portion thereof directed by Landlord). Provided Tenant is not in default, it will remove its Trade Fixtures, inventory, and other personal property upon the expiration of the Term. If Tenant is in public storage default, it shall remove its Trade Fixtures only if specifically directed to do so in writing by Landlord. Tenant shall repair any damage to the Premises caused by the removal of such Tenant Additions, Trade Fixtures, or other items. In no event will any fire sprinklers, fire suppression equipment, HVAC System components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered “Trade Fixtures” or be removed unless directed by Landlord to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages. Provided, however, no such agreement by any such lessor, or Landlord’s failure to obtain such an agreement, shall relieve Tenant of its obligations hereunder including without limitation, Tenant's account’s obligation to repair said damage even if the damage is caused by said lessor or its contractors or agents. Tenant shall remove all Hazardous Materials. Any Trade Fixtures or Tenant Additions not removed by Tenant as required herein shall be deemed abandoned and may be stored, removed and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention or disposal of same. Moreover, any period following the termination or expiration of this Lease during which there is Hazardous Material, Tenant Alterations or Trade Fixtures which are not removed as herein required shall be considered a holdover by Tenant and, in addition to all other remedies available to Landlord hereunder, shall obligate Tenant to the increased rental payments pursuant to Section 27.2. Tenant shall be liable entitled to Landlord no payment or offset for costs of removal the value of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure (even if sold by Landlord) and shall pay on demand all costs incurred by Landlord in connection with such removal or disposal. If the Premises are No retention, disposal or sale or such items shall limit remedies otherwise available to Landlord hereunder for a breach by Tenant. All obligations of Tenant hereunder not so surrendered at fully performed as of the termination or expiration of this Lease, Tenant the Lease shall indemnify Landlord against all loss survive such termination or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesexpiration.

Appears in 2 contracts

Samples: Industrial Lease (Wornick CO Right Away Division, L.P.), Industrial Lease (TWC Holding Corp.)

Surrender. Upon Subtenant shall, on or before the expiration Expiration Date, remove all personal property, furniture, trade fixtures and other equipment, provided that the removal of the same does not adversely affect the Building structure or earlier termination any Building operating system or is not prohibited by the Master Lease, and that Subtenant promptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event that Subtenant fails to remove any such items as required by this --------- Section 4.2 by the Expiration Date, all such items remaining on the Subleased Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Master Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any reasonassociated repair or restoration of the Subleased Premises required under the Master Lease. Tenant In all other respects, Subtenant shall surrender deliver the Subleased Premises to Landlord broom clean, in its condition existing as of the Commencement Date, normal reasonable wear and tear and damage by fire casualty excepted. In no event shall Subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and deliver possession of the Subleased Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’s part, and free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred agency or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement authority by reason of Subtenant’s actions or failures to fulfill any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, of its obligations under this Sublease (“Violations”). Subtenant shall indemnify Sublandlord against any and all floors cleanedloss, all to the reasonable satisfaction expense, damage, costs or attorneys’ fees arising out of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove Violations occurring any alterations and/or Tenant's personal property, and such failure continues time on or after the termination Commencement Date. The voluntary or other surrender of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall ceaseSublease by Subtenant, or Landlord may place a mutual cancellation thereof, shall not automatically terminate any sub-subleases or sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to all or any portion part of the Subleased Premises, but shall, at the option of Sublandlord, either (1) terminate all or any existing sub-subleases or sub-subtenancies or such property in public storage for Tenant's account. Tenant shall be liable other agreements, or (2) operate as an assignment to Landlord for costs of removal Sublandlord of any or all such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss sub-subleases or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisessub-subtenancies or such other agreements.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Surebeam Corp)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. the Term, Tenant shall surrender the Premises to Landlord in its good condition existing as of the Commencement Dateand repair, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replacedreplaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable (if Tenant is at any time, pursuant to Landlordthe terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations any Alterations required to be removed pursuant to Section 5EParagraph 11, and restore the Premises to its condition prior to their installationall Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any alterations such Alterations and/or Tenant's personal property’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's ’s account. Tenant shall be liable to Landlord for costs of removal of any such alterations Alterations and Tenant's personal property ’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.

Appears in 2 contracts

Samples: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)

Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of --------- this --------- Lease for any reason. Tenant shall Lease, surrender the Premises to Landlord in its the same condition existing as of existed on the Commencement Date, normal date Tenant originally took possession thereof (reasonable wear and tear and damage by fire or other casualty due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired cleaned, all interior painted surfaces repainted in the original color, if damagednecessary, all holes in walls repaired, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, HVAC equipment servicing only the plumbing Premises in operating order and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from at such time also surrender to Landlord such alterations (to the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Premises) as Landlord does not require Tenant fails to remove any alterations and/or in accordance with Paragraph 7.6 above. Tenant's personal property, and such failure continues after on or before the expiration or sooner termination of this Lease, Landlord may retain or dispose shall remove all of such its personal property and trade fixtures from the Premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations and Tenant's personal property and storage and transportation costs Tenant fails to remove if so required by Landlord, together with the cost of samereturning the Premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.

Appears in 2 contracts

Samples: Covad Communications Group Inc, Covad Communications Group Inc

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Delivery Date, normal wear and tear and damage by tear, fire or other casualty casualty, condemnation, Hazardous Materials (other than those released or emitted by Tenant, its agents, employees or invitees) and repairs that are Landlord's responsibility under this Lease, excepted, with all interior walls repaired and repainted if damaged, all carpets vacuumedand floors cleaned, all broken, marred or nonconforming acoustical ceiling tiles replacedreplaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, and the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleanedfirm, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations any alterations, additions or improvements required to be removed pursuant to Section 5EParagraph 11, and restore the Premises to its condition prior to their installationall Tenant's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any alterations such alterations, additions or improvements and/or Tenant's personal propertyPersonal Property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations alterations, additions or improvements and Tenant's personal property Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. : If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.

Appears in 2 contracts

Samples: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)

Surrender. Upon Except as set forth Section 17(B) above, upon the expiration or earlier termination of this --------- Lease for Lease, by lapse of time or otherwise, any reason. alterations, improvements or additions erected on and attached to the Premises by Tenant shall be and become the property of Landlord without any payment therefor and Tenant shall surrender the Premises (including without limitation all affixed lab benches, fume hoods, electric, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment therein), together with all improvements, installed cabling or additions thereon, whether erected by Tenant or Landlord, broom clean, free of personal property, equipment, and/or trade fixtures (including without limitation all Tenant’s Rooftop Equipment and all autoclaves and cage washers) and otherwise in the condition in which the same are required to Landlord in its condition existing as of the Commencement Datebe maintained hereunder, normal ordinary wear and tear and tear, damage by fire or other casualty and repairs which are the responsibility of Landlord excepted. Any items of personal property left in the Premises following the expiration or sooner termination of the Lease, with all interior walls repaired if damagedsuch items are not removed within five (5) business days after written notice from Landlord to Tenant, all carpets vacuumedmay, all brokenat Landlord’s option, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, become the plumbing sole and electrical systems exclusive property of Landlord and lighting in good order and repair, including replacement this Lease shall act as a xxxx of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordsale therefor, and all floors cleanedLandlord may sell or discard such personal property. Landlord shall not have to take any special precautions or measures with regards to any property, all equipment and/or trade fixtures left within the Premises and Landlord shall not be deemed a bailee thereof. Without limitation to the reasonable satisfaction generality of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Leaseforegoing, Landlord may retain or dispose discard computers, records, files, and data through commercial shredding vendors that certify the destruction and shredding thereof and protection of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal the confidentiality of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesinformation contained therein.

Appears in 1 contract

Samples: Lease (Talis Biomedical Corp)

Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the expiration Lease Term or earlier termination of this --------- Lease for any reason. Tenant's right of possession, subject to the removal requirements set forth in Paragraph 12(d), Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Dategood usable condition, normal broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by fire or other casualty Paragraphs 15 and 16 excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement . A minimum of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all [***] ([***]) days prior to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or earlier termination of this Lease, Landlord and Tenant shall coordinate a joint inspection of the Premises. Any Trade Fixtures, Tenant-Made Alterations and property not removed by Tenant prior to Lease expiration or termination shall be deemed abandoned and may retain or dispose be stored, removed, and disposed of by Landlord (at Tenant's expense if the Lease required removal), and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordproperty. If Tenant fails to perform any obligation prior to the Premises are not so surrendered at the expiration or earlier termination of this Lease, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall indemnify pay Landlord against all loss or liabilitycosts associated therewith, including attorneys' fees and plus an administrative fee of [***]% of such costs, resulting from delay by promptly upon Landlord's delivery to Tenant in so surrendering of an invoice therefor together with reasonably supporting documentation. The provisions of this paragraph shall survive the Premisesexpiration or earlier termination of this Lease for [***] months after Lease expiration or termination.

Appears in 1 contract

Samples: Lease Agreement (Sana Biotechnology, Inc.)

Surrender. Upon Sub-subtenant shall, on or before the expiration Expiration Date, remove all personal property, furniture, trade fixtures and other equipment, provided that the removal of the same does not adversely affect the Building structure or earlier termination any Building operating system or is not prohibited by the Master Lease, and that Sub-subtenant promptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event that Sub-subtenant fails to remove any such items as required by this --------- Section 4.2 by the Expiration Date, all such items remaining on the Sub-subleased Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Sub-subtenant. Sub-subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Master Lease installed by Sub-subtenant pursuant to this Sub-sublease and shall be responsible for any reasonassociated repair or restoration of the Sub-subleased Premises required under the Master Lease. Tenant In all other respects, Sub-subtenant shall surrender deliver the Sub-subleased Premises to Landlord broom clean, in its condition existing as of the Commencement Date, normal reasonable wear and tear and damage by fire casualty excepted. In no event shall Sub-subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Sub-subtenant shall vacate and deliver possession of the Sub-subleased Premises free of all liens, charges or encumbrances resulting from any act or omission on Sub-subtenant’s part, and free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred agency or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement authority by reason of Sub-subtenant’s actions or failures to fulfill any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, of its obligations under this Sub-sublease (“Violations”). Sub-subtenant shall indemnify Sub-sublandlord against any and all floors cleanedloss, all to the reasonable satisfaction expense, damage, costs or attorneys’ fees arising out of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove Violations occurring any alterations and/or Tenant's personal property, and such failure continues time on or after the termination Commencement Date. The voluntary or other surrender of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall ceaseSub-sublease by Sub-subtenant, or Landlord may place a mutual cancellation thereof, shall not automatically terminate any sub-sub-subleases or subsequent tenancies or other agreements by which Sub-subtenant has granted rights to third parties to all or any portion part of the Sub-subleased Premises, but shall, at the option of Sub-sublandlord, either (1) terminate all or any existing Sub-subleases or Sub-subtenancies or such property in public storage for Tenant's account. Tenant shall be liable other agreements, or (2) operate as an assignment to Landlord for costs of removal Sub-sublandlord of any or all such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss reletting or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisessuch other agreements.

Appears in 1 contract

Samples: Sub Sublease Agreement (Surebeam Corp)

Surrender. Upon No later than the expiration Expiration Date or earlier termination of this --------- Lease for any reason. Tenant's right to possession of the Premises (“Surrender Date”), Tenant shall must vacate and surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repaircondition, including replacement vacant, broom clean, and in conformity with the applicable provisions of this Lease. Tenant has no right to hold over beyond the Surrender Date, and if Tenant does not vacate as required such failure is deemed an Event of Default and Tenant's occupancy will not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the Surrender Date, the amount of Rent owed by Tenant to Landlord will be the Holdover Percentage of the Rent that would otherwise be due under this Lease, without prorating for any partial month of holdover. The “Holdover Percentage” equals: (i) 150% for the first month of holdover; and (ii) 200% for any period of holdover beyond 1 month The provisions of this Section xxxx not constitute a waiver by Landlord of any burned out right of reentry as set forth in this Lease, nor will receipt of any Rent or broken light bulb or ballasts, any other act in apparent affirmance of the HVAC equipment serviced and repaired by tenancy operate as a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction waiver of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required right to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installationterminate this Lease. If Tenant fails to remove any alterations and/or vacate and surrender the Premises as and when required, Tenant must indemnify, defend, and hold harmless Landlord from all costs, losses, expenses, or liabilities incurred as a result of such failure No later than the Surrender Date, at Tenant's personal propertyexpense Tenant must remove from the Premises Tenant's Property, all alterations to the Premises made by or on behalf of Tenant, and such failure continues after the termination of this Leaseall telephone, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of samesecurity, and communication equipment system wiring and cabling, and restore in a good and workmanlike manner any damage to the cost Premises and/or the Building caused by such removal or replace the damaged component of repairing and restoring the Premises, together with interest at Premises and/or the Interest Rate from the date of expenditure Building if such component cannot be restored as reasonably determined by Landlord. If Tenant's obligation to pay Rent and to perform all other Lease obligations for the Premises are not so surrendered at period through the termination Surrender Date and the terms of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering Section survive the PremisesExpiration Date.

Appears in 1 contract

Samples: Lease (Inpixon)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain whether by forfeiture, lapse of time or dispose of such property and all rights of Tenant with respect to it shall ceaseotherwise, or Landlord may place all or any portion upon the termination of such property in public storage for Tenant's account. ’s right to possession of the Leased Premises, Tenant shall be liable to Landlord for costs of removal of any such alterations will at once surrender and Tenant's personal property and storage and transportation costs of same, and deliver up the cost of repairing and restoring the Leased Premises, together with interest at all improvements thereon, to Landlord in good condition and repair, reasonable wear and tear excepted, and in broom clean condition. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment used in the Interest Rate operation of the Leased Premises, together with all duct work. All additions, hardware, non‑trade and trade fixtures and all other improvements, in or upon the Leased Premises placed there by Tenant, including those portions of Leasehold Work noted on Exhibit E as being removed by Tenant shall remain Tenant’s property and may be removed by Tenant from the date Leased Premises upon such termination of expenditure this Lease by Landlordlapse of time or otherwise; provided, however, that (i) Tenant shall pay the cost of such removal, (ii) Tenant shall be responsible for repairing any damage caused to the Leased Premises in connection with such removal on demand, and (iii) all electrical, plumbing, and heating outlets shall be allowed to remain in place. If the Premises are not so surrendered at Tenant fails to remove such alterations, decorations, additions and improvements and restore the termination Leased Premises, then upon the expiration of this LeaseLease or upon Tenant’s vacating the Premises prior to such expiration, all such alterations, decorations, additions and improvements shall become, at Landlord’s option, the property of the Landlord and Tenant shall indemnify pay the cost of such removal, delivery, and warehousing to Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premiseson demand.

Appears in 1 contract

Samples: Lease (Tpi Composites, Inc)

Surrender. Upon Tenant agrees that on the expiration last day of the Term, or earlier on the sooner termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord (a) in its good condition existing as and repair (damage by acts of the Commencement DateGod, fire, and normal wear and tear and damage by fire or other casualty excepted), but with all interior walls repaired if damagedpainted or cleaned so they appear painted, all any carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(h). Normal wear and tear shall not include any damage or deterioration to the reasonable satisfaction floors of Landlord. Tenant shall remove the Premises arising from the use of forklifts in, on or about the Premises all (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant's personal property and , or Tenant otherwise performing all of Tenant's alterations required to be removed pursuant to Section 5E, and restore its obligations under this Lease. On or before the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (specifically excluding, however, any alterations or improvements made to the Premises by the previous tenant prior to the Commencement Date) and to repair any damage caused by such removal. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may retain or dispose 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 and all rights of Tenant with respect to it shall ceaseproperty; provided, or Landlord may place all or any portion of such property in public storage for Tenant's account. however, that Tenant shall be remain liable to Landlord for all costs incurred in storing and disposing of removal such abandoned property of any such alterations and Tenant's personal . All Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 12 and Paragraph 33(h) below, Tenant shall indemnify continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 36 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the PremisesPremises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Financial Engines, Inc.)

Surrender. Upon At the expiration or earlier termination of this --------- Lease for any reason. or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property from the Premises, and quit and surrender the Premises to Landlord in its condition existing as of the Commencement DateLandlord, normal wear broom clean, and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order order, condition and repair, including replacement of any burned out or broken light bulb or ballastsordinary wear and tear, casualty and damage caused by Landlord excepted. Notwithstanding the HVAC equipment serviced foregoing, Landlord may, in Landlord’s sole discretion and repaired by a reputable and licensed service firm acceptable at no cost to Landlord, and all floors cleaned, all require Tenant to leave any Special Installations in the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installationPremises. If Tenant fails to remove any alterations and/or of Tenant's personal property, and such failure continues ’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this LeaseLease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, within 30 days after Landlord’s written demand, the removal expenses and storage charges incurred for Tenant’s Removable Property. If Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, Landlord may retain deem all or dispose any part of such property Tenant’s Removable Property to be abandoned, and all rights of Tenant title to Tenant’s Removable Property (except with respect to it any Hazardous Materials) shall cease, or Landlord may place all or any portion of such property be deemed to be immediately vested in public storage for Tenant's accountLandlord. Tenant shall be liable to Landlord for costs of repair damage caused by the installation or removal of any such alterations and Tenant's personal property and storage and transportation costs of same’s Removable Property. If, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from time Tenant requests Landlord’s consent to the date installation of expenditure by Landlord. If any Special Installations, Tenant requests Landlord to notify Tenant whether such Special Installations must be removed upon the Premises are not so surrendered at the expiration or earlier termination of this Lease, then, concurrently with Landlord’s delivery of written consent to such Special Installations, Landlord shall notify Tenant whether such Special Installation must be so removed. If Landlord states that such Special Installation is not required to be removed, Tenant shall indemnify Landlord against all loss have no obligation to remove such Special Installation upon the expiration or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesearlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (EverCommerce Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for Lease, Tenant shall repair any reasondamage to and restore the condition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant's Property and shall repair all damage to the Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant's Property. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and security codes, to Landlord broom clean, in its as good a condition existing as of when received, and in the Commencement Datecondition described on Exhibit H attached hereto, normal ordinary wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all Conditions existing because of Tenant's alterations required failure to perform maintenance, repairs or replacements shall not be removed pursuant to Section 5E, deemed "reasonable wear and restore the Premises to its condition prior to their installationtear”. If Tenant fails to remove any alterations and/or of Tenant's personal property’s Property, and such failure continues or to restore the Premises to the required condition, within 2 days after the termination of this LeaseLease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may retain deem all or dispose any part of such property and all rights of Tenant with respect Tenant’s Property to it be abandoned and, at Landlord’s option, title to Tenant’s Property shall cease, vest in Landlord or Landlord may place all or dispose of Tenant’s Property in any portion of such property in public storage for Tenant's account. Tenant shall be liable to manner Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesdeems appropriate.

Appears in 1 contract

Samples: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)

Surrender. Upon On or before the expiration or earlier termination of this --------- Lease for lease, LESSEE shall remove all of LESSEE's goods and effects from the leased premises, and shall deliver to LESSOR actual and exclusive possession of the leased premises and all keys and locks thereto. At any reason. Tenant shall surrender time during the Premises term of this lease, LESSEE may remove (a) any equipment, machinery, furniture or other personal property supplied or installed by LESSEE, and (b) any fixtures or other additions or improvements installed or made by LESSEE which are listed in the mutually agreed upon Exhibit C attached hereto, provided LESSEE is not then in arrears of any rent or invoice payments or otherwise in default of this lease, repairs any and all damage resulting from such removal, and restores the leased premises to Landlord in its condition existing prior to the installation of said items, reasonable wear and tear excepted. Only if so designated on Exhibit C, any such removal, repair and restoration shall include, at LESSOR's option, the removal of any system, if so designated for removal on Exhibit C, serving the equipment or machinery installed by LESSEE, including without limitation, any piping, conduits, chases, ductwork, rooftop equipment, wiring and/or other components serving or dedicated to said equipment or machinery. LESSEE must complete all such removal, repair, restoration and other work prior to the termination date of this lease, and the leased premises shall not be considered surrendered to LESSOR until LESSEE has fully complied with all the provisions of this Section 27. Notwithstanding the foregoing, prior to termination of this lease, LESSEE shall remove or tag for future use any and all wiring and cabling installed and/or used by LESSEE. LESSEE shall deliver the leased premises fully sanitized from any chemicals or other contaminants, broom clean, and in at least the same condition as they were at the commencement of the Commencement Datelease or any prior lease between the parties for the leased premises, normal or as they were modified during said term with LESSOR's written consent, reasonable wear and tear and damage by fire from casualty or other casualty condemnation only excepted, and LESSEE shall be deemed to be encumbering the leased premises until it delivers the leased premises to LESSOR in the condition required under this lease. Any of LESSEE's property that remains in the leased premises upon termination of the lease shall be deemed abandoned and shall be disposed of as LESSOR sees fit, with all interior walls repaired if damagedno liability to LESSEE for loss or damage thereto, all carpets vacuumed, all broken, marred and at the sole risk of LESSEE. LESSOR may remove and store any such property at LESSEE's expense; retain same under LESSOR's control; sell same at public or nonconforming acoustical ceiling tiles replaced, all windows washed, private sale (without notice) and apply the plumbing and electrical systems and lighting in good order and repair, including replacement net proceeds of such sale to the payment of any burned out sum due hereunder; or broken light bulb or ballasts, destroy same. In no case shall the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable leased premises be deemed surrendered to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after LESSOR until the termination of this Leasedate provided herein or such other date as may be specified in a written agreement between the parties, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal notwithstanding the delivery of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premiseskeys to LESSOR.

Appears in 1 contract

Samples: BioVex Group, Inc.

Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the expiration Lease Term or earlier termination of this --------- Lease for any reason. Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in its the same condition existing as of the Commencement Datereceived, normal broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by fire or other casualty Paragraphs 15 and 16 excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required may give written notice to be removed pursuant Landlord at least thirty (30) days prior to Section 5E, and restore vacating the Premises to its request a joint inspection of the Premises at the time of vacating, and if Tenant timely delivers such notice, then the parties shall reasonably cooperate to perform such inspection and confirm in writing Tenant’s repair and restoration obligations in accordance with the terms of this Lease. Tenant’s failure to give such notice (or the failure of such joint inspection to occur) shall not limit Landlord’s rights or Tenant’s obligations under this Lease. Any Trade Fixtures, Tenant-Made Alterations and property 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 Xxxxxxxx’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 prior to their installationand repair of the Premises. If Tenant fails to remove perform any alterations and/or Tenant's personal property, and such failure continues after obligation prior to the expiration or earlier termination of this Lease, Landlord may retain or dispose may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all costs associated therewith, plus an administrative fee of 5% of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by promptly upon Xxxxxxxx’s delivery to Tenant in so surrendering the Premisesof an invoice therefor.

Appears in 1 contract

Samples: Lease Agreement (SolarMax Technology, Inc.)

Surrender. Upon Provided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or earlier termination any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this --------- Lease for any reason. Tenant lease, Lessee, at its expense, shall surrender the Premises to Landlord in its condition existing as return all, but not less than all, of the Commencement DateEquipment by delivering it to such place or on board such carrier, normal packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear and damage by fire or other casualty excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred respect to such missing or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing damaged items and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all shall be subject to the reasonable satisfaction terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Landlord. Tenant shall remove Maintainability from the Premises all TenantManufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's personal property and all of Tenant's alterations required standard maintenance contract when sold or leased to be removed pursuant to Section 5E, and restore a third party. Lessee shall give Lessor prior written notice that it is returning the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal propertyEquipment as provided above, and such failure continues after notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the termination provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant lease shall be liable to Landlord automatically extended for costs a term of removal of any such alterations and Tenant's personal property and storage and transportation costs of same3 months. Thereafter, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination term of this Leaselease will be extended for subsequent full month periods, Tenant shall indemnify Landlord against on a month to month basis, until Lessee has given at least 90 days written notice terminating this lease. Such termination will take effect upon completion of all loss or liabilityLessee's obligations under this lease (including payment of all periodic rental payments due during such 90 day period, including attorneys' fees and costsas provided in Paragraph 9 of this lease). At any time alter the expiration of the Initial Term, resulting from delay if this lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this lease by Tenant in so surrendering the Premises30 days written notice to Lessee.

Appears in 1 contract

Samples: Nanogen Inc

Surrender. Upon the On expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Tenant shall surrender to Landlord the Premises, and all Tenant's improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant, for destruction to the Premises covered by Article 18 of this Lease, and for alterations that Tenant has the right to remove or is obligated to remove, so long as Tenant repairs any damage to the Premises under the provisions of this Article or Article 15), and shall remove all of its personal property including any signs, notices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, prior to the expiration of the Lease term. If any such removal would damage the Building structure, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant's expense. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property and that Tenant does not remove from the Premises within five (5) days after expiration or termination of the term as allowed or required by this Lease. Title to any such improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all rights claims against Landlord for any damage or loss to Tenant arising out of Tenant with respect to it shall ceaseLandlord's retention or disposition of any such improvements, alterations or Landlord may place all or any portion of such property in public storage for Tenant's accountpersonal property. Tenant shall be liable to Landlord for Landlord's costs of removal storing, removing and disposing of any such improvements, alterations and Tenant's or personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordproperty. If Tenant fails to surrender the Premises are not so surrendered at the to Landlord on expiration or termination of the Lease as required by this LeaseArticle, Tenant shall indemnify indemnify, defend and hold Landlord against harmless from all loss damages, loss, cost and expense (including attorney's fees) arising out of or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering connection with Tenant's failure to surrender the Premises.

Appears in 1 contract

Samples: Agreement of Sublease (Vision Solutions Inc)

Surrender. Upon At the expiration or earlier termination of this --------- the Lease for any reason. Term, Tenant shall peaceably surrender the Premises to Landlord clean and in its condition existing as of the Commencement Dategood order, normal repair and condition, and in conformance, in all material respects, with all Legal Requirements and Tenant’s repair obligations, reasonable wear and tear and damage by fire or other casualty exceptedor taking and Landlord’s repair obligations excepted and to deliver to Landlord all keys to the Premises or any part thereof. Any alteration, with all interior walls repaired addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Lease Term, at which time title shall pass to Landlord under this Lease as if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable xxxx of sale, unless Landlord elects otherwise and licensed service firm acceptable notifies Tenant to Landlord, and all floors cleaned, all remove any such tenant improvements at any time prior to the reasonable satisfaction expiration of Landlordthe Lease Term as set forth below. If Landlord elects for Tenant shall to remove from the Premises all Tenant's personal property and any or all of Tenant's alterations required such tenant improvements, Landlord shall notify Tenant in writing no later than thirty (30) days prior to the expiration of the Lease Term as to which tenant improvements are to be removed pursuant prior to Section 5Ethe expiration or termination of the Lease. If Landlord fails to so notify Tenant, Tenant shall have no obligation to remove such tenant improvements and restore the Premises as a result of such removal. Notwithstanding the foregoing, any and all trade equipment (including but not limited to its condition prior to their installation. If manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment (“Personal Property”) shall remain Tenant’s property and shall be removed by Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after at the expiration or earlier termination of this Lease. Upon demand by Landlord and in accordance with the terms set forth above, Tenant shall remove, at Tenant’s sole cost and expense, forthwith and with all due diligence (but in any event prior to the expiration or earlier termination of the Lease Term), any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises or the Building Complex caused by such removal. In the event Tenant fails so to remove any Personal Property or any such alterations, additions and improvements or fails to repair any such damage to the Premises or the Building Complex caused thereby, Landlord may retain or dispose of such property do so and all rights of collect from Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing such removal and restoring the Premises, together repair in accordance with interest at the Interest Rate from the date of expenditure by Landlordthis Section 7.8. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.7.9

Appears in 1 contract

Samples: Lease Agreement (Energy Focus, Inc/De)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replacedreplaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable (if Tenant is at any time, pursuant to Landlordthe terms of this Lease, required to maintain the HVAC system serving the premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall not be required to remove from the Premises any of the Tenant Improvements (other than data or telecommunications cabling, which Landlord may require Tenant to remove). Notwithstanding the foregoing, Tenant shall have the right, at its option, to remove those particular Tenant Improvements more particularly described on Exhibit F attached hereto (collectively, the “Specialized Tenant Improvements”) and Landlord shall have the right, as a condition to its approval of any Specialized Tenant Improvements, to require Tenant to remove some or all of such Specialized Tenant Improvements from the Premises upon the expiration or sooner termination of this Lease. Landlord shall specify in writing to Tenant at the time of its approval of the Final Plans and Specifications (as defined below) which, if any, Specialized Tenant Improvements Tenant will be required to remove at the expiration or sooner termination of this Lease and whether or not Tenant will be required, at the expiration or sooner termination of this Lease, to remove any data or telecommunications cabling. To the extent that Tenant elects to remove, or is required to remove, any Specialized Tenant Improvements, it shall repair any damage and perform any restoration work caused by such removal. Tenant shall remove from the Premises Tenant's ’s personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If if Tenant fails to remove any alterations and/or Tenant's personal property, do so and such failure continues after the termination of this Lease, Landlord may retain or dispose of such personal property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such personal property in public storage for Tenant's ’s account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.

Appears in 1 contract

Samples: Lease Agreement (Silicon Graphics Inc)

Surrender. Upon On the expiration last day of the term hereof, or earlier termination of this --------- Lease for on any reason. sooner termination, Tenant shall surrender the Premises to Landlord in its the same condition existing as of when such improvements to the Commencement DatePremises were completed, normal broom clean, ordinary wear and tear excepted. All alterations, improvements, repairs and damage replacements made by fire Tenant during the term of this Lease shall be removed by Tenant upon termination of this lease or other casualty exceptedat Landlord's option, shall remain with all interior walls repaired if damagedthe premises when surrendered by Tenant and be deemed a part of Landlord's property, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement at no cost to Landlord. Where removal of any burned out or broken light bulb or ballastssuch item is required, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to LandlordTenant, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all at Tenant's personal property and all of Tenant's alterations required expense, shall cause same to be removed pursuant and the premises restored to Section 5E, a condition that is reasonably satisfactory to Landlord. Removal and restore the Premises to its condition restoration shall be completed prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Leaselease. In default thereof, Landlord may retain effect said removal and repairs at Tenant's expense or dispose of treat Tenant as a holdover Tenant until such removal and restoration is completed to Landlord's reasonable satisfaction. In addition to the foregoing, any personal property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest remaining at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the premises upon termination of this Leaselease (including without limitation Tenant's trade fixtures) shall be deemed abandoned by Tenant, and Landlord, at its option, may accept same as part of Landlord's property or cause the removal of same at Tenant's expense without being liable to Tenant shall indemnify Landlord against all loss for conversion or liabilityany claim for damages therefor." LANDLORD: /s/ Xxxxx X. Xxxxxxxxxxxx ---------------------------- Xxxxx X. Xxxxxxxxxxxx /s/ Xxxxx X. Xxxxxxxxxxxx ---------------------------- Xxxxx X. Xxxxxxxxxxxx TENANT: JEVIC TRANSPORTATION, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.INC. By:/s/ Xxxxx X. Xxxxxxxxxxxx ---------------------------- Name: Xxxxx X. Xxxxxxxxxxxx Title: President

Appears in 1 contract

Samples: Lease Agreement (Jevic Transportation Inc)

Surrender. Upon On the expiration or earlier termination last day of the Term of this --------- Lease for any reason. Agreement or on the sooner termination thereof in accordance with the terms hereof, Tenant shall peaceably surrender the Premises in good condition and repair consistent with Tenant's duty to make repairs as provided in Article 9 hereof. On or before said last day, Tenant shall at its expense remove all of its equipment from the Premises, repairing any damage caused thereby, and any property not removed shall be deemed abandoned. All alterations, additions and fixtures other than Tenant's trade fixtures, which have been made or installed by either Landlord or Tenant upon the Premises shall remain as Landlord's property and shall be surrendered with the Premises as a part thereof, or shall be removed by Tenant, at the option of Landlord, in which event Tenant shall at its condition existing expense repair any damage caused thereby; provided however that Tenant shall not be obligated to remove the improvements to be constructed in the Premises pursuant to Exhibit B hereof, --------- or any subsequent alterations, additions or fixtures which Landlord has agreed, in writing, as of the Commencement Datedate of the installation of such alteration, normal wear addition or fixture, need not be removed. It is specifically agreed that any and tear and damage by fire all telephonic (including, without limitation, phone board), coaxial, ethernet, or other casualty exceptedcomputer, with all interior walls repaired if damagedword processing, all carpets vacuumedfacsimile, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired electronic wiring installed by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from within the Premises all or the Building (hereafter "Wiring") shall be removed at Tenant's personal property and all cost at the expiration of Tenant's alterations required to the Term, unless Landlord has specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be removed pursuant to Section 5E, and restore surrendered with the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenantas Landlord's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the end of the Term or the sooner termination of this Leasethereof, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of rental and shall inform Landlord of combinations on any locks and safes on the Premises.

Appears in 1 contract

Samples: Lease Agreement (Vital Images Inc)

Surrender. Upon At the expiration or earlier termination of the term of this --------- Lease for any reason. Sublease, without notice, demand or action by Landlord, subject to the right of Landlord to require Tenant to demolish the Improvements, remove all debris resulting therefrom and restore the Land, Tenant shall surrender yield the Premises Property to Landlord in its condition existing as of the Commencement Date“good and operable condition”, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, and the plumbing Improvements and electrical systems any other leasehold improvements shall become the sole property of Landlord without any compensation to Tenant and lighting in good order free and repair, including replacement clear of any burned out right, title, interest, claim or broken light bulb demand of Tenant or ballastsof anyone claiming through or under Tenant (or certain improvements will be demolished at the sole cost or expense of Tenant in Landlord’s sole discretion, unless Landlord terminates this Sublease during the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordinitial twenty year term, and all floors cleanedsuch termination is not due to a default by Tenant, all in which case Tenant shall have no obligation to demolish any Improvements). Notwithstanding the foregoing to the reasonable satisfaction contrary, Tenant shall have the right, at any time during the Term, and up to thirty (30) days after the expiration or earlier termination of Landlordthis Sublease (subject to payment of Rent), to remove any or all of Tenant’s trade fixtures, equipment, and property from the Property. Tenant shall remove repair any damage which may result to the Property from the Premises all Tenant's personal property such removal, normal wear and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installationtear excepted. If Tenant fails to remove any alterations and/or Tenant's personal propertyof those items, the items shall be deemed abandoned and such failure continues after shall at the election of Landlord in its sole discretion be the property of Landlord. On or before the expiration or termination of this LeaseSublease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall cause any mortgages, deeds of trust, liens or encumbrances created by, through or under Tenant to be liable fully released and discharged. Subject to Landlord for costs abandonment by Tenant more than thirty (30) days after the expiration or earlier termination of removal the Term, all trade fixtures, equipment, leasehold improvements and property of any such alterations and nature which may be installed or placed in or upon the Property by Tenant shall remain the property of Tenant's personal property and storage and transportation costs of same, and . At the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this LeaseSublease, in connection with the reversion of the Land to Landlord and the transfer to Landlord of Improvements and related plans, drawings, manuals and other documentation relating to the ownership, design, construction, operation and maintenance of the Property during the Term, Tenant shall indemnify execute mutually agreeable transfer documentation of transfer and assignment instruments in favor of Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesits designee.

Appears in 1 contract

Samples: Ground Sublease Agreement

Surrender. Upon Tenant further agrees on Expiration Date, or on the expiration or earlier sooner termination of this --------- Lease for any reason. Tenant shall Lease, to surrender the Premises to Landlord in its good condition existing as of the Commencement Dateand repair, normal reasonable wear and tear and damage by fire or other casualty excepted. "Good condition" shall mean that the interior walls, with floors, suspended ceilings, and carpeting within the Premises, will be cleaned to the same condition as existed at the commencement of the Lease, normal wear and tear excepted. Tenant agrees, at its sole cost, to remove all interior walls repaired phone and data cabling from the suspended ceiling and repair or replace broken ceiling tiles, and relevel the ceiling if damagedrequired as a result of Tenant's cabling or the removal thereof. Tenant on or before the Expiration Date or within sixty (60) days after the sooner termination of this Lease (provided that Tenant shall not have such additional sixty (60) day period if the early termination of this Lease was the result of Tenant's default), shall remove all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, its personal property and trade fixtures from the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to LandlordPremises, and all floors cleaned, all property and fixtures not so removed shall be deemed to be abandoned by Tenant. With respect to any Alterations that Tenant desires to make to the reasonable satisfaction Premises, Tenant may make a written request of LandlordLandlord as to whether or not Tenant shall be required to remove such Alterations upon the expiration or within sixty (60) days of the sooner termination of the Lease. Landlord shall promptly upon receipt of such a written request notify Tenant as to whether or not Tenant shall be required to remove such Alterations upon the expiration or sooner termination of the Lease. If Landlord so notifies Tenant that such Alterations must be removed, or if Tenant has made no such written request as to any Alterations, then Landlord may require their removal upon the expiration or sooner termination of the Lease and Tenant shall remove from such Alterations as Landlord may require and shall repair and restore said Premises or such part or parts thereof before the Premises all Expiration Date at Tenant's personal property sole cost and all of Tenant's alterations required to be removed pursuant to Section 5E, expense. Such repair and restore restoration shall include causing the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, be brought into compliance with all applicable building codes and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property laws in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest effect at the Interest Rate from time of the date of expenditure removal to extent such compliance is necessitated by Landlordthe repair and restoration work. If the Premises are not so surrendered at the Expiration Date or sooner termination of this LeaseLease In the condition required by this paragraph, Tenant shall indemnify indemnify, defend, and hold harmless Landlord against all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the PremisesPremises including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Therma Wave Inc

Surrender. Upon At the expiration of the Term or earlier termination of this --------- Lease for Lease, without the requirement of any reason. notice, Tenant shall peaceably surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear including all alterations and tear additions thereto and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repairreplacements thereof, including replacement of carpeting, any burned out water or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordelectricity meters, and all floors cleanedfixtures and partitions, all in any way bolted or otherwise attached to the reasonable satisfaction Premises (which shall become the property of Landlord) except such alterations and additions as Landlord shall direct Tenant to remove including cabling (provided, , however, that Tenant shall not be directed to remove Tenant's Initial Construction or any subsequent Tenant Work installed with Landlord's approval unless, at the time of Landlord's approval of such Tenant Work, Landlord specifically notified Tenant that Tenant would be directed to remove that Tenant Work from the Premises at the expiration of the Term), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.11, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises clean and tenantable. Should Tenant fail to remove any of such goods, effects, and fixtures, Landlord may, after notice, have them removed forcibly, if necessary, and store any of Tenant's property in a public warehouse at the risk of Tenant. If such items are not removed from storage within thirty (30) days, such items may be sold by any customary methods in order to pay storage costs and other expenses of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose The expense of such property removal, storage and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of reasonable repairs necessitated by such property in public storage for Tenant's account. Tenant removal shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay borne solely by Tenant in so surrendering the Premisesor at Landlord's election reimbursed by Tenant to Landlord.

Appears in 1 contract

Samples: Edgewater Office (Alliance Data Systems Corp)

Surrender. Upon On the expiration date on which this Lease expires or earlier termination of this --------- Lease for any reason. terminates, Tenant shall surrender return possession of the Premises to Landlord in its condition existing as of the Commencement Dategood condition, normal except for ordinary wear and tear tear, and except for casualty damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable conditions that Tenant is not required to Landlord, and all floors cleaned, all remedy under this Lease. Prior to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain expiration or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord against directs Tenant otherwise), and all loss other personal property installed by Tenant or liabilityits assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including attorneys' fees and costsconsequential damages, resulting from delay by Tenant in so surrendering that Landlord suffers as a result of the Premisesholdover.

Appears in 1 contract

Samples: Lease Agreement (CENNTRO ELECTRIC GROUP LTD)

Surrender. Upon the expiration or earlier other termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear vacant and tear and damage by fire or other casualty exceptedbroom-clean, with all interior walls repaired if damagedimprovements and Alterations (except as provided below) in their good condition, all carpets vacuumedexcept for reasonable wear and tear, all brokendamage from casualty or condemnation and any changes resulting from approved Alterations; provided, marred or nonconforming acoustical ceiling tiles replacedhowever, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all that prior to the reasonable satisfaction expiration or termination of Landlord. this Lease Tenant shall remove from the Premises all Tenant's personal property any Alterations that Tenant is required by Landlord to remove under the provisions of this Lease and all of Tenant's alterations required to be removed pursuant to Section 5E, ’s Property and restore the Premises to its condition prior to their installationtrade fixtures. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after removal is not completed at the expiration or other termination of this Lease, Landlord may retain 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -44- remove the same at Xxxxxx’s expense. Any damage to the Premises or dispose the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of such property damage to ceilings and all rights of walls, but Tenant with respect shall not be required to it shall ceasere-paint, or touch-up paint, fill minor nail holes, etc.) or, if Tenant fails to do so, Landlord may place all or any portion do so at Tenant’s expense. The removal of such property in public storage for Tenant's account. Tenant Alterations from the Premises shall be liable to Landlord for costs of removal of any such alterations and governed by Paragraph 9 above. Tenant's personal property and storage and transportation costs of same, and ’s obligations under this paragraph shall survive the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or other termination of this Lease. Upon expiration or termination of this Lease or of Tenant’s possession, Tenant shall indemnify surrender all keys to the Premises or any other part of the Building and shall make known to Landlord against the combination of locks on all loss or liabilitysafes, including attorneys' fees cabinets and costs, resulting from delay by Tenant vaults that may be located in so surrendering the Premises.

Appears in 1 contract

Samples: Office Lease (Warner Music Group Corp.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and damage any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and data communications wiring installed in the Building by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, Tenant in excess of a total of three (3) such connections (in combination but not in the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordaggregate) for each work station, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property property, Trade Fixtures and all of Tenant's alterations Alterations that Tenant has the right or is required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails by Landlord to remove any alterations and/or Tenant's personal property, and such failure continues after under the termination provisions of this Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all reasonable costs of removal and storage thereof (which storage may occur in the Premises or in some other portion of the Building or Project) and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written notice from Landlord (in public which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Landlord shall submit a final xxxx to Tenant for any rental value of the Premises or other costs of transport, storage for and disposal of Tenant's accountPersonal property, Trade Fixtures and Alterations which Tenant has failed to remove from the Premises as and when required hereunder within thirty (30) days of Landlord's final disposition of all items thereof, whether by sale or other disposal by Landlord or by Tenant's retrieval. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys and access cards to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be liable located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease except with respect to the rights and obligations of Tenant under this Section to remove items from the Premises and the obligations of Tenant to repair and restore any damage to the Premises caused by such removal and surrender of the Premises, in which case any claim by Landlord for costs of removal of any incurred in removing such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of and/or repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If such damages to the Premises are not so shall survive the expiration of the Term only to the extent written notice of Landlord's claim for a specific item is delivered to Tenant prior to sixty (60) days after Tenant delivers written notice to Landlord that Tenant has fully and completely vacated and surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Part of Lease Agreement (Riddell Sports Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. the Term or Tenant's right to possession of the Premises, Tenant shall surrender return the Premises to Landlord in its condition existing as of the Commencement Dategood order and condition, normal ordinary wear and tear and damage by fire or other casualty excepted. If, in connection with all interior walls repaired if damagedthe approval of plans for any alterations, all carpets vacuumedLandlord notifies Tenant in accordance with Section 12 that Landlord requires Tenant to remove any of such alterations, all brokenthen at Landlord's request, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5Eapplicable alterations, and the removal shall be done in a good and workmanlike manner, and upon the removal Tenant shall restore the Premises to its condition prior to their installationthe installation of such alterations (as the case may be), in each case on or before the expiration of the Term or Tenant's right to possession. Tenant shall not, however, be obligated to remove the Tenant Improvements (as defined in the Workletter Agreement) or any associated telephone, data and power wiring and cabling at the expiration or earlier termination of the Term. If Tenant fails to does not remove any the applicable alterations and/or on or before the expiration of the Term or termination of Tenant's personal propertyright to possession, then Landlord, without limiting any other rights or remedies available to Landlord, may remove the same and restore the Premises, and such failure continues after Tenant shall pay the reasonable cost of the removal and restoration to Landlord within thirty (30) days following Landlord's written demand. Notwithstanding the foregoing, it is understood and agreed that Tenant shall remove its FF&E (other than any associated telephone, data and power wiring and cabling installed in connection with the Tenant Improvements) from the Premises prior to termination of the Term or Tenant's right to possession of the Premises. As used herein, the term "FF&E" shall mean all of Tenant's furniture, equipment, trade fixtures, and all other items of non-affixed personal property and associated telephone, data and power wiring and cabling from time to time within the Premises, including without limitation, the categories of items listed in EXHIBIT I attached to this Lease. On or about the Commencement Date, Landlord may retain and Tenant shall prepare and agree upon an updated list of the FF&E within the Premises, which shall be insured by Tenant under this Lease and shall be removed by Tenant upon the expiration of the Term or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's accountright of possession. If Tenant does not remove the FF&E (other than cabling and wiring as described above), Tenant shall be liable conclusively presumed to have conveyed the same to Landlord for costs without further payment or credit by Landlord to Tenant, or at Landlord's sole option and without limiting any other rights or remedies available to Landlord, the items shall be deemed abandoned, in which event Landlord may cause the items to be removed and disposed of at Tenant's expense, which shall be Landlord's reasonable cost of removal of (less any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate net proceeds received by Landlord from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasesale thereof), without notice to Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premiseswithout obligation to compensate Tenant.

Appears in 1 contract

Samples: Workletter Agreement (Houghton Mifflin Co)

Surrender. Upon Tenant agrees that on the expiration last day of the Term, or earlier on the sooner termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord (a) in its good condition existing as and repair (damage by acts of the Commencement DateGod, fire, and normal wear and tear excepted) and damage by fire or other casualty exceptedin broom clean condition all non-working light bulbs and ballasts replaced and all roll-up doors, with all interior walls repaired if damageddocks, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the dock levelers and plumbing and electrical systems and lighting fixtures in good order condition and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordworking order, and all floors cleaned, all (b) otherwise in accordance with Paragraph 32(h) of this Lease. Normal wear and tear shall not include any damage or deterioration to the reasonable satisfaction floors of Landlord. Tenant shall remove the Premises arising from the use of forklifts in, on or about the Premises all (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant's personal property and , or Tenant otherwise performing all of Tenant's alterations required to be removed pursuant to Section 5E, and restore its obligations under this Lease. On or before the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given at the time Tenant requests in writing Landlord's consent to a particular Alteration (or if Tenant does not request such consent in connection with an Alteration performed by Tenant by notice given not later than ninety (90) days prior to the Expiration Date, except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant's expense to remove any or all Alterations and to repair any damage caused by such removal. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may retain or dispose 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 and all rights of Tenant with respect to it shall ceaseproperty; provided, or Landlord may place all or any portion of such property in public storage for Tenant's account. however, that Tenant shall be remain liable to Landlord for all costs incurred in storing and disposing of removal such abandoned property of any such alterations Tenant. All Tenant Improvements and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If Alterations except those which Landlord requires Tenant to remove shall remain in the Premises are not so surrendered at as the termination property of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the PremisesLandlord.

Appears in 1 contract

Samples: Lease Agreement (Sontra Medical Corp)

Surrender. Upon Provided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement DateInitial Term, normal or any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of the lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear and damage by fire or other casualty excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred respect to such missing or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing damaged items and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all shall be subject to the reasonable satisfaction terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Landlord. Tenant shall remove Maintainability from the Premises all TenantManufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's personal property and all of Tenant's alterations required standard maintenance contract when sold or leased to be removed pursuant to Section 5E, and restore a third party. Lessee shall give Lessor prior written notice that it is returning the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal propertyEquipment as provided above, and such failure continues notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of the lease shall be automatically extended for a term of 3 months. Thereafter, the term of the lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating the lease. Such termination will take effect upon completion of all Lessee's obligations under the lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of the lease). At any time after the termination expiration of this Leasethe Initial Term, Landlord may retain or dispose of such property and all rights of Tenant with respect if the lease has been automatically extended as set forth herein, Lessor reserves the right to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable terminate the lease by 30 days written notice to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the PremisesLessee.

Appears in 1 contract

Samples: Master Lease Agreement (Molecular Biosystems Inc)

Surrender. Upon Except as set forth to the expiration or earlier contrary herein, within sixty (60) days following the termination of this --------- Lease for any reason. Agreement and while continuing to pay Rent (the “Equipment Removal Period”), in accordance with the terms of this Agreement, Tenant shall will surrender the Premises to Landlord in its a condition existing as of similar to that which existed immediately prior to Tenant’s Installation together with any additions, alterations and improvements to the Commencement DatePremises, in either case, normal wear and tear and damage by fire or other casualty excepted. Subject to Section 3.2, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall have the right to access the Premises or remove any or all of Tenant’s Equipment from the Premises all at any time during the Term or the Equipment Removal Period. If Tenant's personal property and all ’s Equipment is not removed at the conclusion of Tenant's alterations required the Equipment Removal Period, Tenant will be deemed to be in Hold Over (as defined in Section 7.2 below) until Tenant’s Equipment is removed pursuant from the Premises, provided the Hold Over term shall not exceed one hundred twenty (120) days unless otherwise agreed to Section 5E, and restore the Premises to its condition prior to their installationby both parties in writing. If Tenant fails to remove any alterations and/or Tenant's personal property’s Equipment within one hundred twenty (120) days following the expiration of the Equipment Removal Period, then Landlord shall have the option – to be exercised by prior Notice to Tenant – to declare Tenant’s Equipment abandoned and such failure continues after the termination of this Lease, Landlord may retain or remove and dispose of such the Tenant’s Equipment. If Landlord exercises this option, then following written Notice to Tenant (i) Landlord shall take possession and title of the property and all rights dispose of it in a commercially reasonable manner; (ii) the reasonable costs associated with removal and disposition of the property shall be itemized and billed to Tenant with respect to it at one hundred and twenty-five percent (125%) of its actual documented cost (“Removal Fee”); (iv) Tenant shall cease, or Landlord may place all or any portion pay such Removal Fee within thirty (30) days of such property in public storage for billing; and (v) Tenant's account. Tenant shall be liable ’s obligation to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest pay rent at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant Holdover rate shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesterminate.

Appears in 1 contract

Samples: Site Lease Agreement

Surrender. Upon Provided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement DateInitial Term, normal or any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of the lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear and damage by fire or other casualty excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred respect to such missing or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing damaged items and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all shall be subject to the reasonable satisfaction terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Landlord. Tenant shall remove Maintainability from the Premises all TenantManufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's personal property and all of Tenant's alterations required standard maintenance contract when sold or leased to be removed pursuant to Section 5E, and restore a third party. Lessee shall give Lessor prior written notice that it is returning the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal propertyEquipment as provided above, and such failure continues after notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the termination provisions described above covering surrender, upon expiration of this Leasethe Initial Term, Landlord may retain or dispose the term of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant the lease shall be liable automatically extended for a term of 3 months. Thereafter, the term of the lease will be extended for subsequent full month periods on a month to Landlord for costs month basis, until Lessee has given at least 90 days written notice terminating the lease. Such termination will take effect upon completion of removal all Lessee's obligations under the lease (including payment of any all periodic rental payments due during such alterations and Tenant's personal property and storage and transportation costs 90 day period, as provided in Paragraph 9 of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordlease). If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises15.

Appears in 1 contract

Samples: Master Lease Agreement (Royce Laboratories Inc /Fl/)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. or the termination of Tenant’s right to possession of the Premises, (i) Tenant shall quit and surrender possession of the Premises to Landlord Landlord, broom clean and in its a good condition existing as of the Commencement Dateand repair, normal ordinary wear and tear and damage by fire or other casualty excepted, and (ii) provide Landlord with the keys to all interior walls repaired locks and the combination of all safes, cabinets and vaults, if damagedany, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, at the plumbing and electrical systems and lighting in good order and repair, including replacement Premises. Before surrendering possession of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable Premises to Landlord, Tenant shall, at its expense, remove all of its furnishings, equipment, trade fixtures, merchandise, signs and other personal property, and Tenant shall promptly repair all floors cleaned, all damage to the reasonable satisfaction of Landlord. Tenant shall remove Premises resulting from the Premises all Tenant's personal property and all removal of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installationsuch items. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after of the foregoing items from the Premises by the expiration or termination of this Lease or the termination of this LeaseTenant’s right to possession of the Premises, then Landlord may may, at its sole option, (i) treat Tenant as a holdover tenant, in which event the provisions of Section 19.6 shall apply, or (ii) deem any or all of such items abandoned and dispose of same in any manner Landlord sees fit and retain or all amounts received therefrom, in which event Tenant shall reimburse Landlord, upon demand, for all costs incurred by Landlord to remove and dispose of such property and all rights of Tenant with respect to it shall ceaseitems, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of sameincluding, and without limitation, the cost of repairing any damage to the Premises caused by the removal of such items and restoring storage charges (if Landlord elects to store the same). Upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises, together Tenant shall, with interest at reasonable diligence, remove the Interest Rate alterations, additions and improvements to the Premises installed by or on behalf of Tenant, including, but not limited to, all remove all low voltage wires, telephone and computer systems and related installations, cables and wiring, to the extent required by Landlord in writing, repair any damage resulting from the date removal of expenditure by Landlord. If such items, and restore the Premises are not so surrendered at areas where the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisessame were located to their original condition.

Appears in 1 contract

Samples: Lease Agreement (Franklin Financial Network Inc.)

Surrender. Upon On the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced, and all roll‑up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 32.8. Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations and to repair any damage caused by such removal. Notwithstanding the foregoing, concurrently with Tenant’s request for consent to any Alteration, Tenant may request in writing that Landlord determine whether such Alteration will be required to be so removed and if Landlord does not require such removal when consent is given, Tenant shall not be obligated to remove the Alteration at the expiration or earlier termination of this --------- Lease Lease. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear damages resulting from Landlord’s retention and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose disposition of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. provided that Tenant shall be remain liable to Landlord for XXXXXX #00000 x00 Xxxxxx Lease all costs incurred in storing and disposing of removal such abandoned property of any such alterations Tenant. All Tenant Improvements and Tenant's personal Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 11 and Paragraph 32.8 below, Tenant shall indemnify continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability, including attorneys' fees and costs, liability to the extent resulting from delay by Tenant in so surrendering the PremisesPremises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Zeltiq Aesthetics Inc)

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the precise date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant pursuant to Sections 9.6 or 9.7, or due to Tenant’s failure to perform any other obligation set forth in this Lease; provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage to the Premises that causes material damage to the Building Structure or Building Systems, impairs access to the Premises, or poses a threat to worker safety, to the extent such damage was caused by removal of Tenant’s Property, the Tenant Improvement Work and any Alterations as required under this Lease. Upon the expiration or earlier termination of this --------- Lease for any reason. Termination Date, Tenant shall surrender the Premises to Landlord in its condition existing as of good order and repair as on the Commencement Date, normal reasonable wear and tear and damage by fire or other casualty excepted, free and clear of all letting and occupancies and with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations ’s Hazardous Materials removed as required to be removed pursuant to Section 5EArticle 12. Subject to Article 9, and restore the Premises to its condition prior to their installation. If Tenant fails to remove upon any alterations and/or Tenant's personal property, and such failure continues after the termination of this LeaseLease all improvements, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage except for Tenant's account. Tenant ’s Property, shall be liable to automatically and without further act by Landlord for costs or Tenant, become the property of removal Landlord, free and clear of any such alterations and claim or interest therein by Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure without payment therefore by Landlord. If the Premises are not so surrendered at as of the termination end of the Term in the manner and condition described in this LeaseSection 20.1, Tenant shall indemnify indemnify, defend, protect and hold Landlord harmless from and against any and all loss or liability, including attorneys' fees and costs, Losses resulting from or caused by Tenant’s delay by Tenant or failure in so surrendering the Premises, including, without limitation, any lost rents and any claims made by any succeeding tenant due to such delay or failure and any loss or damage incurred by Landlord as a result of any delay in Landlord’s redevelopment plans for the Premises.

Appears in 1 contract

Samples: Commercial Lease (Tesla Motors Inc)

Surrender. Tenant shall, upon the expiration or earlier termination --------- of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements or Tenant's improvements and/or alterations installed pursuant to Article 7.2, in a janitorial clean condition and otherwise in as good condition ----------- as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last required repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, (iii) loss by condemnation; (iv) Landlord's obligations hereunder; and (v) Hazardous Materials not released, discharged, brought onto or otherwise disposed of by Tenant or its agents, invitees, employees or contractors. If Tenant shall surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a xxxx of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its condition existing as all keys to the Leased Premises and shall inform Landlord of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement combination of any burned out vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expiration or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the earlier termination of ------------ this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all any loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Landlord and Tenant shall jointly inspect the Leased Premises upon the termination of this Lease.

Appears in 1 contract

Samples: Office Lease (CBT Group PLC)

Surrender. Upon the expiration of the Term or earlier termination --------- of this Lease, Tenant shall surrender the Leased Premises to Landlord. Tenant may remove all trade dress, trade fixtures, inventory, stock-in-trade, furniture and other personal property ("Tenant's Property") installed by Tenant, and not the property of Landlord as otherwise herein provided, and shall remove the same at the expiration or earlier termination of this --------- the Lease for Term. Provided that no Event of Default by Tenant has occurred and is continuing, in addition, Tenant may remove any reasonand all installments, improvements and/or alterations made by Tenant on the Leased Premises, not the property of Landlord as herein provided, and if an Event of Default by Tenant has occurred and is continuing, or Landlord requires Tenant to remove the same pursuant to paragraph 6.f. above, if Landlord -------------- so elects, Tenant shall surrender or, at Landlord's option, Landlord, at Tenant's expense, shall remove such installments, improvements and/or alterations, provided that, in any instance that Tenant removes the same, Tenant shall restore the Leased Premises to Landlord the condition the Leased Premises were in its condition existing as of the Commencement Datetime of completion of Tenant's Work (not including any property which is not Landlord's property as herein provided), normal reasonable wear and tear and damage by fire casualty or condemnation (to the extent Tenant is not obligated to restore the same as provided in paragraph 8 above) excepted. Any property which Tenant is obligated ----------- to remove under this subparagraph not promptly removed by Tenant under the provisions of this subparagraph may, at Landlord's option, be deemed to have been abandoned by Tenant and may be retained by Landlord without any claim by Tenant. With regard to any personal property not so promptly removed by Tenant, Landlord may at its option accept the title to such property or at Tenant's expense may (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Leased Premises caused by such removal, and (ii) store, destroy or otherwise dispose of the same without incurring liability to Tenant or any other person. In the event Landlord incurs any storage or other casualty exceptedcosts by reason of Tenant's failure to remove any property which Tenant is obligated to remove under this paragraph 11.e., with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, Tenant upon demand shall pay --------------- to Landlord the plumbing and electrical systems and lighting in good order and repair, including replacement amount of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlordcosts so incurred. Tenant shall remove from in any event repair any damage to the Leased Premises all Tenant's personal property and all caused by the removal of Tenant's alterations required to be Property or other property removed pursuant to Section 5E, and restore by Tenant. Upon the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or expiration of the Term or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect right to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasepossession, Tenant shall indemnify return all keys to Landlord against all loss and shall disclose to Landlord the combination of any safes, cabinets or liability, including attorneys' fees and costs, resulting from delay by Tenant vaults left in so surrendering the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Hob Entertainment Inc /De/)

Surrender. Upon the expiration or other termination of the Term, Tenant will immediately vacate and surrender possession of the Premises in good order, repair and condition, except for ordinary wear and tear. Upon the expiration or other termination of the Term, Tenant agrees to remove (a) all changes, additions and improvements to the Premises the removal of which Landlord requested or approved according to Section 7.1 at the time Landlord consented to their installation, (b) any security system installed on extended pursuant to Section 5.4(b); (c) all of Tenant’s Specialized Equipment (as defined in Section 7.1), and (d) all of Tenant’s trade fixtures, office furniture, office equipment and other personal property. Tenant will pay Landlord on demand the cost of repairing any damage to the Premises, Building and/or Project caused by the installation or removal of any such items. Notwithstanding the foregoing, (i) Tenant may not unilaterally terminate this Lease prior to the expiration of the Term and (ii) Tenant will be responsible for removing all Telecom Equipment at the expiration or earlier termination of this --------- Lease for any reasonthe Term in accordance with Section 26.9 below. Tenant shall surrender Any of Tenant’s property remaining in the Premises to Landlord in its condition existing as after the expiration or earlier termination of the Commencement DateTerm will be conclusively deemed to have been abandoned by Tenant and may be appropriated, normal wear and tear and damage stored, sold, destroyed or otherwise disposed of by fire Landlord without notice or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred obligation to account to or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordcompensate Tenant, and Tenant will pay Landlord on demand all floors cleaned, all costs incurred by Landlord relating to such abandoned property. Tenant’s obligations under this Section 15.1 will survive the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or early termination of this Lease and no surrender of possession of the Premises by Tenant will limit Tenant’s liability under this Lease, . No act or thing done by Landlord may retain or dispose Landlord’s agents during the Term of such property and all rights this Lease will be deemed an acceptance of Tenant with respect to it shall cease, or Landlord may place all or any portion a surrender of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure unless in writing signed by Landlord. If The delivery of the Premises are keys to an employee or agent of Landlord will not so surrendered at the operate as a termination of this Lease, Tenant shall indemnify Landlord against all loss Lease or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering a surrender of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Singulex Inc)

Surrender. Upon the expiration or earlier termination of this Sublease, or upon the termination --------- Lease for any reason. Tenant shall surrender the Premises of Subtenant's right to Landlord in its condition existing as possession of the Commencement DatePremises, normal wear Subtenant shall at once surrender and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring deliver up the Premises, together with interest all improvements thereon and Alterations thereto, to Sublandlord in good condition and repair, reasonable wear and tear excepted, and in any event in at least the Interest Rate from condition required under the date Prime Lease; conditions existing because of expenditure Subtenant's failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed "reasonable wear and tear." Subtenant shall surrender to Sublandlord all keys to the Premises and make known to Sublandlord the combination of all combination locks that Subtenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by LandlordSubtenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant. Subtenant shall also remove any improvements to the Premises, or portions thereof, that Prime Landlord may require Sublandlord to remove pursuant to the terms of the Prime Lease. Further, Subtenant shall remove any telephone, computer or similar cabling or wiring installed in the Building by or on behalf of Sublandlord [Sublease of Entire Premises] ----------------------------- or Subtenant to the extent required by the Prime Lease. Subtenant shall restore the Premises to their condition prior to the making of such Alteration if required under the Prime Lease, repairing any damage occasioned by such removal or restoration to Sublandlord's satisfaction on or prior to the end of the Term. If the Premises are not so surrendered at the termination Prime Landlord requires removal of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering any improvements to the Premises, or portions thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. Subtenant shall pay the costs of such removal, repair and warehousing on demand.

Appears in 1 contract

Samples: Sublease Agreement (Pitney Bowes Office Systems Inc)

Surrender. Upon On or before the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement DateLease, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises Premises: (i) all of its personal property, including any equipment and signage; and (ii) any improvements or alterations installed by Tenant which Landlord directs Tenant to remove (excepting the Initial Improvements). At the time of requesting Landlord's consent to an improvement or alteration, Tenant may request in writing that Landlord elect whether to require Tenant to remove such improvement or alteration upon expiration or termination of this Lease, and Landlord shall make such election at the time of granting consent (or within 30 days after Tenant's personal property request if the improvement or alteration does not require Landlord's consent). If Landlord fails to make such election, Landlord shall be deemed to have elected to have Tenant remove the improvement or alteration. With respect to the Initial Improvements, by notice given not later than six (6) months prior to the expiration of the initial term of this Lease, Landlord may require Tenant to demolish the interior improvements to any laboratory space, returning such space to a clean, capped and all in good order Building Shell condition, and Tenant shall do so prior to expiration of the Lease, provided that Tenant's alterations required total monetary obligation for its out-of-pocket costs of such demolition and return to shell condition shall not exceed $300,000 (and if such amount is not sufficient to adequately perform the task, Tenant shall consult with Landlord and shall use such funds to perform such portions of the demolition task as Landlord directs). This demolition and return to shell condition obligation shall not apply if Tenant exercises its Renewal Option. If this Lease is terminated during its initial term for any reason other than Landlord's default, then this requirement shall apply, provided that if this Lease is terminated due to Tenant's default, Landlord may elect to simply collect the $300,000 obligation in lieu of allowing Tenant to conduct such demolition and return to shell. If Tenant conducts the demolition and return to shell condition as provided above, Tenant shall be entitled to retain all items removed pursuant from the laboratory area of the Premises in the course of such work. In addition, on or before the expiration or termination of this Lease, Tenant shall: (i) repair any damage to Section 5Ethe Premises caused by Tenant, including any damage caused by Tenant's removal of personal property, improvements or alterations, and restore (ii) surrender the Premises in good order and condition, broom clean, subject to its condition prior to their installationreasonable wear and tear. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose either have it removed and stored in a public warehouse at the risk of Tenant (the expense of such property removal, storage and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of repairs necessitated by such property in public storage for Tenant's account. Tenant removal shall be liable to paid by Tenant) or deem them abandoned whereupon they shall become the property of Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss without payment or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesoffset therefore.

Appears in 1 contract

Samples: Seattle Genetics Inc /Wa

Surrender. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall agrees to peaceably surrender the Premises to Landlord broom clean and in its condition existing as a state of the Commencement Datefirst-class order, normal repair and condition, ordinary wear and tear and casualty damage by fire or other casualty (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be Alterations (as defined in Paragraph 13) removed pursuant to Section 5E, and restore from the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property extent required under Paragraph 13 and all rights of Tenant with respect damage caused by such removal repaired as required by Paragraph 13. In addition, unless otherwise agreed to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure writing by Landlord. If , upon the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, (i) remove all computer and telephone wiring and cabling installed in the Premises by or for Tenant and (ii) repair any damage caused by such removal. If any such wiring and/or cabling is not so removed pursuant to this Subparagraph 11(a), then at Landlord's option, either such wiring and/or cabling shall indemnify become the property of Landlord against all loss (without payment by Landlord) or liabilityLandlord may remove such wiring and/or cabling at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable law). Prior to the date Tenant is to actually surrender the Premises to Landlord, including attorneys' fees Tenant agrees to give Landlord reasonable prior notice of the exact date Tenant will surrender the Premises so that Landlord and costsTenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the Premises and which items Tenant is to remove pursuant to Paragraph 13, resulting from delay by as well as any repairs Tenant in so surrendering is to make upon surrender of the Premises. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease or a surrender of the Premises.

Appears in 1 contract

Samples: Office Building Lease (Supergen Inc)

Surrender. Upon the Prior to expiration or earlier termination of this --------- Lease for any reason. Tenant Sublease, Subtenant shall peaceably surrender the Subleased Premises and appurtenances to Landlord Sublandlord in its broom-clean condition existing and in as of good condition as when Subtenant takes possession on the Commencement Date, normal including the repair of any damage to the Subleased Premises caused by the removal of any personal property or trade fixtures from the Subleased Premises by Subtenant (or anyone claiming by, through or under Subtenant) or any of their respective employees, agents or contractors, except for reasonable wear and tear and repairs which are specifically made the responsibility of Master Landlord under the Master Lease and damage or loss caused by fire casualty or other casualty exceptedcondemnation for which Subtenant is not responsible to repair pursuant to Article 11 of the Master Lease. Notwithstanding the foregoing, with all interior walls repaired if damagedSubtenant shall not be obligated to repair any leasehold improvements existing in the Subleased Premises as of the Early Access Date, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all except to the reasonable satisfaction extent such repairs are required to be performed by Subtenant pursuant to the incorporation of LandlordArticle 7 of the Master Lease hereunder. Tenant Subtenant shall remove from the Premises all Tenant's personal property and all any alterations or improvements constructed or installed by or on behalf of Tenant's alterations Subtenant or any Subtenant Party that are required to be removed pursuant to Section 5Ethe Master Lease or this Sublease, except for Cosmetic Alterations and restore any existing or additional low-voltage cabling installed by or on behalf of Subtenant or any Subtenant Party. For purposes of clarity, the Premises to its condition prior to their installation. If Tenant fails parties acknowledge and agree that Subtenant shall not be required to remove any alterations and/or Tenant's personal property, and such failure continues leasehold improvements existing in the Subleased Premises on the Commencement Date nor shall Subtenant be required to remove any leasehold improvements installed or constructed in the Premises after the termination of this Commencement Date, including but not limited to any workstations and benching, unless required by Master Landlord pursuant to the Master Lease. If the Subleased Premises are not so surrendered, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant then Subtenant shall be liable to Landlord Sublandlord for all reasonable costs of removal of incurred by Sublandlord in returning the Subleased Premises to the required condition, including costs incurred due to any such alterations and Tenant's personal property and storage and transportation costs of sameresultant holdover under the Master Lease, and the cost of repairing and restoring the Premises, together with plus interest thereon at the Interest Rate from Rate. Without limiting the date foregoing, Subtenant acknowledges that, pursuant to Section 8.5 of expenditure by Landlord. If the Master Lease, the Master Landlord may require Sublandlord to remove certain of the leasehold improvements existing in the Subleased Premises on the Commencement Date, including any ventilation systems located in any kitchen within the Premises are not so surrendered at and any showers installed in the termination Premises by or on behalf of this Tenant. Unless Master Landlord waives the requirement that such leasehold improvements be removed, Subtenant agrees to allow Sublandlord reasonable access to the Subleased Premises during the last three (3) months of the Term to perform such removal work, and any such entry into the Subleased Premises by Sublandlord shall, to the extent reasonably practicable, be performed in accordance with the terms and conditions set forth in Article 27 of the Master Lease, Tenant except that Subtenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering cooperate with Sublandlord as may be reasonably necessary to accommodate the Premisestimely completion of such removal work prior to the end of the Term.

Appears in 1 contract

Samples: Office Lease (Amplitude, Inc.)

Surrender. Upon the expiration of this Lease or earlier sooner termination of this --------- Lease for any reason. the Term or Tenant’s right to possession of the Premises, Tenant shall surrender return the Premises to Landlord in its condition existing as of the Commencement Dategood order and condition, normal ordinary wear and tear tear, and damage by fire casualty and/or condemnation (other than repairs and restoration required of Tenant as a result of such casualty or other casualty condemnation under Sections 15 and/or 16 above, if applicable) excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable subject to Section 15 above. If Landlord, and all floors cleanedin accordance with the following terms of this Section 18, all requires Tenant to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all any of Tenant's Work made under the Workletter or any alterations required to be removed pursuant to Section 5E12, then, in each case, such removal shall be done in a good and workmanlike manner, and upon such removal Tenant shall restore the Premises to its condition prior to their installationthe installation of such Tenant's Work or alterations (as the case may be). If Tenant fails to does not remove any alterations and/or such Tenant's personal property, and such failure continues after the termination Work or alterations upon expiration of this Lease, or within thirty (30) days after sooner termination of the Term or Tenant's right to possession of the Premises, then, without limiting any other rights or remedies available to Landlord, Landlord may retain or dispose remove the same and restore the Premises, and Tenant shall pay the reasonable cost of such property removal and restoration to Landlord upon demand (with it being further understood and agreed that any such period following the expiration of this Lease or sooner termination of the Term or Tenant's right to possession of the Premises when such removal and restoration obligations of Tenant are not fully performed shall be deemed a holding over under this Lease, subject to the terms of Section 20 hereof with respect thereto). Notwithstanding the foregoing, as part of Landlord's approval of the plans and specifications for the Tenant's Work or any alterations hereunder, Landlord shall notify Tenant of any such item or items described in this paragraph which Landlord will require Tenant to remove at the end of the Term (or Tenant's right to possession of the Premises) hereunder (which removal requirement shall only be imposed by Landlord if Landlord, in good faith, determines that such item or items (i) would not be customary for office usage at Comparable Buildings in the Submarket or (ii) are of a specialized or extraordinary nature which are excessively costly or hazardous to remove, such as, for example under this subclause (ii), safes, vaults, raised floors, internal stairwells, high-density filing systems, full service kitchens, supplemental fire suppression systems, or supplemental HVAC systems). Notwithstanding the foregoing or anything herein to the contrary, in no event shall Tenant have the right or obligation, at any time, to remove any Landlord Work installed hereunder or any core and shell components at the Premises (all of which shall remain at the Premises and be deemed Landlord's property, both during the Term and as of the expiration or earlier termination of the Term or of Tenant's right to possession hereunder). Without limitation of the foregoing, it is understood and agreed that Tenant shall remove its non-affixed furniture, equipment, trade fixtures, all cabling and wiring which it installed, and all rights other items of Tenant with respect non affixed personal property from the Premises prior to it shall cease, termination of the Term or Landlord may place all or any portion of such property in public storage for Tenant's accountright to possession of the Premises. If Tenant does not remove such items prior to the expiration of this Lease or within thirty (30) days after sooner termination of the Term or Tenant's right to possession of the Premises, Tenant shall be liable conclusively presumed to have conveyed the same to Landlord for costs without further payment or credit by Landlord to Tenant, or at Landlord's sole option and without limiting any other rights or remedies available to Landlord, such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant's expense, which shall be Landlord's actual cost of removal of without obligation to compensate Tenant therefor (with it being further understood and agreed that any such alterations and period following the expiration of this Lease or sooner termination of the Term or Tenant's personal property and storage and transportation costs right to possession of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises when such removal obligations of Tenant are not so surrendered at the termination of fully performed shall be deemed a holding over under this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering subject to the Premisesterms of Section 20 hereof with respect thereto).

Appears in 1 contract

Samples: Office Lease (Vivid Seats Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement DateSublease, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after upon the termination of this Leasethe Sublease or of the Tenant’s right to possession of the Premises, Landlord may retain or dispose of such property Tenant will at once surrender and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring deliver up the Premises, together with interest all improvements thereon, to Landlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Sublease shall not be deemed “reasonable wear and tear”. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant provided, however, that Landlord shall have the right to require Tenant to remove any Alterations made by Tenant, or portion thereof. Said right shall be exercisable by Landlord giving written notice thereof to Tenant on or before thirty (30) days prior to such expiration. Tenant shall also remove any Alterations made by Tenant, or portion thereof, which Prime Landlord may require Landlord to remove, pursuant to the terms of the Prime Lease. In any such event, Tenant shall restore the Premises to the condition the Premises was in prior to the making of such Alteration, and shall repair any damage occasioned by such removal or restoration. If Landlord or Prime Landlord requires removal of any Alteration made by Tenant, or a portion thereof, and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the Interest Rate from same to any other place of business of Tenant, or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand. As between Landlord and Tenant, Tenant shall not be required to remove any Alterations performed by Landlord prior to the Commencement Date or to restore the Premises to their condition prior to the making of such Alterations. If, however, the term of the Sublease expires at or about the date of expenditure by Landlord. If the Premises are not so surrendered at expiration of the termination Prime Lease, and if Landlord is required under or pursuant to the terms of this Leasethe Prime Lease to remove any Alterations performed prior to the Commencement Date, Tenant shall indemnify permit Landlord against all loss or liability, including attorneys' fees to enter the Premises for a reasonable period of time prior to the expiration of the Sublease for the purpose of removing its Alterations and costs, resulting from delay by Tenant in so surrendering restoring the PremisesPremises as required.

Appears in 1 contract

Samples: Sublease

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and damage by fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired if damagedhowever, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all that prior to the reasonable satisfaction expiration or termination of this Lease Tenant shall, at Landlord. ’s request, remove all telephone and other cabling installed in the Building by Tenant shall and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all of Tenant's alterations required Alterations that Landlord has elected to be removed pursuant require Tenant to remove as provided in Section 5E6.1 — Tenant Improvements & Alterations, and restore repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant's accountwhich event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such alterations property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and Tenant's personal property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Part of Lease Agreement (ArcSight Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall peaceably leave and surrender the Premises to Landlord broom clean and otherwise in its the condition existing as in which the Premises are required to be maintained by the terms of the Commencement Datethis Lease, normal reasonable wear and tear and damage by fire or other casualty which Tenant is not obligated to restore excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of the combinations to all locks, safes and vaults in the Premises. Tenant shall, at its expense, remove from the Premises on or prior to expiration or earlier termination of this Lease (i) all Tenant's personal property furnishings, fixtures and all of Tenant's alterations required equipment situated thereon, (ii) those Alterations and Work that Landlord requires Tenant to be removed remove pursuant to Section 5E3.3 hereof and (iii) those items of personalty that Tenant brings into the Premises, however, Tenant shall not remove any of any conduits, fixtures and restore equipment providing water, plumbing, electrical, heating, ventilation, air conditioning, lighting, life safety, sprinkler and sewer service to the Premises Premises, regardless of whether the same were installed by or on behalf of Tenant or Landlord, all of which shall become the property of Landlord upon the expiration or earlier termination of this Lease and shall be conclusively presumed to have been conveyed to Landlord under this Lease via a xxxx of sale without further payment or credit by Landlord to Tenant. In addition, Tenant shall, at its condition expense, on or prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or earlier termination of this Lease, repair any damage caused by such removal. Any property not so removed that Landlord requires to be removed, may retain be removed by Landlord and stored and/or retained or dispose sold by Landlord if not retrieved by Tenant within fourteen (14) days of the expiration or early termination of this Lease and title to such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable conclusively presumed to have been conveyed to Landlord for costs under this Lease via a xxxx of removal sale without further payment or credit by Landlord to Tenant at the end of any such alterations and Tenant's personal property and storage and transportation costs of same, the fourteen (14) day period and the cost of such removal, storage and disposition as well as the cost of repairing and restoring any damaged caused by such removal, shall be borne by Tenant. Tenant’s obligation under this paragraph shall survive the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Lease Agreement (CHG Healthcare Services, Inc.)

Surrender. Upon On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Tenant shall peaceably surrender the Demised Premises in the condition in which the Demised Premises were delivered to Tenant as set forth in Section 1.0 hereof, reasonable wear and tear. Permitted alternations and insured casualty only excepted; warehouse area in broom clean condition; office/restroom area vacuumed and cleaned. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than Tenant’s Property) which shall have been made or installed by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender If the Demised Premises to Landlord in its condition existing as of are not surrendered on the Commencement Date, normal wear and tear and damage by fire Expiration Date or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasetermination, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability or claims made by any succeeding Tenant resulting from delay by such delay. Tenant in so surrendering shall promptly surrender all keys for the Demised Premises to Landlord at the place then fixed for payment of rent and shall inform Landlord of combinations of any locks and safes on the Demised Premises.

Appears in 1 contract

Samples: Commercial Lease (Thoratec Corp)

Surrender. Upon Subtenant shall, on the expiration or earlier termination of this --------- Lease for Sublease, remove Subtenant’s Improvements, Subtenant’s Alterations and all of Subtenant’s trade fixtures, equipment and personal property (including any reason. Tenant shall cabling and conduit installed by Subtenant under Section 10.10 of the Prime Lease, any security system installed by Subtenant under Section 10.12 of the Prime Lease, and any Telecommunications Equipment installed by Subtenant under Section 26.23 of the Prime Lease) as and to the extent required under the terms of the Prime Lease, repair any damage caused by such removal as and to the extent required under the terms of the Prime Lease, and surrender the Premises to Landlord Sublandlord in its the condition existing as required by the Prime Lease, including Sections 5.3 and 18.1 of the Commencement DatePrime Lease. Subtenant shall be responsible, normal wear at its expense, for (i) the removal of Subtenant’s Improvements and tear Subtenant’s Alterations, trade fixtures, equipment and personal property and any repair or restoration required under the Prime Lease in connection with such removal, and (ii) the repair of any damage caused by fire Subtenant, its contractors, employees, invitees or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred agents during the Term as required under the terms of the Prime Lease. If Subtenant fails or nonconforming acoustical ceiling tiles replaced, all windows washedrefuses to perform its obligations under this Section 11, the plumbing and electrical systems and lighting Prime Landlord or Sublandlord may, following notice to Subtenant, cause the same to be performed, in good order which event the Subtenant shall reimburse the party who caused Subtenant’s obligations to be performed the cost of such removal, restoration and repair, including replacement together with any and all damages which the Prime Landlord or Sublandlord may suffer as a result of Subtenant’s refusal or failure to perform its obligations under this Section 11. For avoidance of doubt, and notwithstanding any other provision of this Sublease to the contrary, Subtenant shall not be responsible for removal of any burned out alterations or broken light bulb improvements performed by or ballasts, on behalf of Sublandlord or any restoration required under the HVAC equipment serviced and repaired by Prime Lease in connection with such removal unless Subtenant enters into a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to Direct Lease with the reasonable satisfaction of Prime Landlord. Tenant The obligations of Subtenant as provided in this Section 11 shall remove from survive the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the PremisesSublease.

Appears in 1 contract

Samples: Agreement of Sublease (Sunrun Inc.)

Surrender. Upon Subtenant shall, upon the expiration Expiration Date or earlier termination of this --------- Sublease, remove all personal property, furniture, and trade fixtures, provided that removal of the same does not adversely affect the adversely affect the Building structure or any Building operating system, and that Subtenant repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event Subtenant fails to remove its personal property and equipment as specified in this Section 4.2 by the Expiration Date, all such items remaining on the Subdemised Premises shall be deemed abandoned and Sublandlord may dispose of it as it sees fit, without liability to Subtenant. Sublandlord shall be responsible for the removal of all Alterations as required under the Master Lease, including Alterations installed by Subtenant under the Master Lease prior to the effective date of the Assignment and Assumption. Subtenant shall be responsible for any reasonremoval of all Alterations installed by Subtenant pursuant to this Sublease. Tenant In all other respects, Subtenant shall surrender deliver the Premises to Landlord broom clean, in its condition existing as of the Term Commencement Date, normal reasonable wear and tear and damage casualty excepted. In no event shall Subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s). Subtenant shall vacate and deliver possession of the Subdemised Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant's part, and free and clear of all violations thereon placed by fire any federal, state, municipal or other casualty exceptedagency or authority by reason of Subtenant's failure to fulfill any of its obligations under this Sublease ("Violations"). Subtenant shall indemnify Sublandlord against any and all loss, with expense, damage, costs or attorneys' fees arising out of Violations occurring after the Term Commencement Date. Sublandlord shall indemnify Subtenant against any and all interior walls repaired if damagedloss, all carpets vacuumedexpense, all brokendamage, marred costs or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement attorneys' fees arising out of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all Violation occurring prior to the reasonable satisfaction of LandlordTerm Commencement Date. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination The voluntary or other surrender of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall ceaseSublease by Subtenant, or Landlord may place a mutual cancellation thereof, shall not work a merger, but shall, at the option of Sublandlord, either (1) terminate all or any portion existing subleases or subtenancies, or (2) operate as an assignment of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal Sublandlord of any or all such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss subleases or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisessubtenancies.

Appears in 1 contract

Samples: Sublease Agreement (Motient Corp)

Surrender. Upon At the expiration or earlier other termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its as good order and condition existing as they were at the commencement of the Commencement DateTerm or may be put in thereafter in accordance with this Lease, normal reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by fire any Termination Casualty or Major Condemnation of the Premises excepted. All Alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other casualty exceptedexpiration of the Term. At the expiration or termination of the Term, with Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises. Tenant agrees to repair any and all interior walls repaired if damaged, all carpets vacuumed, all broken, marred damage caused by such removal. Trade fixtures and personal property not so removed at the end of the Term or nonconforming acoustical ceiling tiles replaced, all windows washed, within thirty (30) days after the plumbing and electrical systems and lighting in good order and repair, including replacement earlier termination of the Term for any burned out or broken light bulb or ballasts, reason whatsoever shall become the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to property of Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal Landlord may thereafter cause such property and all of Tenant's alterations required to be removed pursuant to Section 5E, from the Premises. The reasonable cost of removing and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose disposing of such property and all rights repairing any damage to any of the Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant with respect to it shall cease, or for any property which becomes the property of Landlord may place all or any portion as a result of such property in public storage for Tenant's accountexpiration or earlier termination. Tenant The provisions of this Section 19 shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at survive the termination or expiration of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Lease (Orchard Supply Hardware Stores Corp)

Surrender. Upon On the expiration last day of the Term, including any option term, or earlier upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord Lease, in its good order, condition existing as of the Commencement Dateand repair, normal fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, and damage improvements other than business and trade fixtures which may be made or installed by fire either Landlord or other casualty exceptedTenant upon the Leased Premises or in common areas including business and trade fixtures installed by Tenant pursuant to Section 3.5, with all interior walls repaired if damagedshall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term, whether by the elapse of time or otherwise, all carpets vacuumed, all broken, marred without compensation or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable credit to Landlord, and all floors cleaned, all to the reasonable satisfaction of LandlordTenant. Tenant shall remove from the Premises all Tenant's equipment and personal property and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of Tenant's alterations required surrender. Anything in this section to be removed pursuant to Section 5Ethe contrary notwithstanding, and restore the Premises to its condition prior to their installation. If Tenant fails to remove at any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord shall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain or dispose possession of such property and all rights until payment in full of Tenant with respect to it said amounts. Said lien shall cease, or Landlord may place all or any portion of not be defeated by placing such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordstorage. If the Premises are Tenant has not so surrendered at redeemed said property within ninety (90) days after the termination of this said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesto Landlord.

Appears in 1 contract

Samples: Lease Agreement (Exact Sciences Corp)

Surrender. Upon 23.1 On the expiration last day of the term of this Lease, or upon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to Landlord in good order, condition, and repair, except for ordinary wear and tear and such damage or destructions as Landlord is required to repair or restore under this Lease, and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease. At the time of surrender, or earlier termination of this --------- Lease for any reason. Tenant Lease, the Demised Premises shall surrender be in the Premises to Landlord in its condition existing same state as existed as of the Commencement Date, normal completion of Landlord's Work ordinary wear and tear and damage by fire excepted. Any Tenant Changes, alterations or other casualty excepted, with all interior walls repaired if damagedimprovements, all carpets vacuumedof which must be done in accordance with Article 12 shall be removed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, except as may otherwise have been provided by Landlord at the plumbing time it exercised its consent in connection with such Tenant Changes pursuant to Article 12. Landlord and electrical systems and lighting in good order and repair, including replacement Tenant agree that a minimum of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all ninety (90) days prior to the reasonable satisfaction Expiration Date of Landlord. this Lease, Landlord shall walk through the Demised Premises with Tenant and create a punchlist of all restoration which shall remove from the Premises all Tenant's personal property and all of Tenant's alterations be required to be removed completed by Tenant by the Expiration Date. Failure by Landlord and Tenant to walk through the Demised Premises ninety (90) days prior to the Expiration Date of this Lease shall not relieve Tenant of any restoration obligations otherwise required pursuant to Section 5Ethis Lease. However, if Tenant gives Landlord notice that it desires to walk through the Demised Premises and restore identify the Premises restoration required as set forth above and Landlord does not fulfill its obligation to walk through the Demised Premises, Tenant will not be relieved of any of its condition restoration obligations but will not be deemed in holdover as set forth below while it performs such restoration. Thereafter, Tenant may request a written estimate from Landlord for the cost of all restoration required pursuant to this Lease. Landlord and Tenant acknowledge that Landlord, prior to their installationthe Expiration Date, will have already notified Tenant of its restoration obligations pursuant to a restoration agreement letter dated September 12, 1966 and Article 12 of the Lease, and, as a result, notwithstanding the ninety (90) day time period set forth above, it shall be Tenant's obligation to ensure that Tenant has enough time after the Landlord and Tenant walk through the Demised Premises, if Tenant will be performing such restoration prior to the Expiration Date of the Lease. The cost contained in such estimate shall be commercially reasonable and where possible, Landlord will competitively bid the work. In lieu of restoring the Demised Premises as required pursuant to this Lease, Tenant may, at its option, pay Landlord, prior to the Expiration Date of the Lease, the cost of such restoration as set forth in Landlord's estimate. If Tenant fails to remove perform any alterations and/or Tenant's personal property, and such failure continues after restoration required of it under this Lease or fails to pay Landlord for the termination cost of any restoration required on or before the last day of the term of this LeaseLease or upon any earlier termination, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination deemed a holdover Tenant under Article 40 of this LeaseLease until such time as Tenant has completed such restoration. For the first fifteen (15) days of holdover as set forth above, Tenant shall indemnify only be required to pay holdover charges on a per diem basis. After the expiration of fifteen (15) days the Tenant shall be in subject to holdover charges on a monthly basis. If, unknowingly, Tenant incorrectly performs any of the restoration required, Landlord against all loss or liabilityshall notify Tenant and Tenant shall have fifteen (15) days to correct such error. If Tenant fails to correct such error within the thirty (30) day period, including attorneys' fees and costs, resulting Tenant shall be subject to holdover from delay by the day on which Tenant in so surrendering received Landlord's notice of the Premisesincorrect restoration.

Appears in 1 contract

Samples: Lease Agreement (Globespan Semiconductor Inc)

Surrender. Section 25.01. Upon the expiration or earlier termination of the Term of this --------- Lease for any reason. Lease, Tenant shall surrender the Demised Premises to Landlord in its the same condition existing in which the Demised Premises were originally received from Landlord except as repaired, rebuilt, restored, altered or added to as permitted by any provision of the Commencement Date, normal this Lease and except for ordinary wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlordcasualty. Tenant shall remove from the Demised Premises upon such expiration or earlier termination, all property situated thereon which is owned by Tenant's personal . Tenant, at its cost and expense, shall repair any damage to any part of the Demised Premises caused by such removal. Any property and all of Tenant's alterations required Tenant not so removed shall become the property of Landlord, which may thereafter cause such property to be removed pursuant to Section 5E, from the Demised Premises and restore disposed of but the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal cost of any such alterations removal and Tenant's personal property and storage and transportation costs of same, and disposition as well as the cost of repairing and restoring any damage caused by such removal shall be borne by Tenant. Upon the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this Leasethe Term, Tenant shall indemnify Landlord against remove all loss or liability, including attorneys' fees computers and costs, resulting from delay computer related and peripheral equipment (other than cabling and other related equipment that would be deemed fixtures) installed by Tenant at the Demised Premises (collectively, "Computer Equipment Removal"), and Tenant, at its cost and expense, shall repair any damage to any part of the Demised Premises caused by such Computer Equipment Removal, which damage is of a nature that exceeds that damage which would be caused by the removal of office furniture and equipment customarily maintained by Tenant at Demised Premises. In no event shall such Computer Equipment Removal require Landlord to make any non-customary alterations or repairs to the Demised Premises in so surrendering order to be able to prepare or finish any portion of the PremisesDemised Premises for rental to tenants for normal office purposes. Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection with the Computer Equipment Removal if Landlord shall reasonably deem such non-customary alterations or repairs necessary or advisable. In no event shall Tenant be required to pay for improvements to the Demised Premises that are being used to prepare the space for a new tenant.

Appears in 1 contract

Samples: Sublease Agreement (Daleen Technologies Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, or upon the exercise by Landlord of Landlord’s right to re-enter the Premises without terminating this Lease, Tenant shall will surrender the Premises to in the same condition as received or as subsequently improved by Landlord in its condition existing as of the Commencement Dateor Tenant, normal except for (i) ordinary wear and tear and (ii) damage by fire fire, earthquake, acts of God or other casualty excepted, with the elements for which damage Landlord has received all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordinsurance proceeds, and will deliver to Landlord all floors cleaned, all keys for the Premises and combinations to safes located in the reasonable satisfaction of LandlordPremises. Tenant shall remove will, at Landlord’s option, remove, or cause to be removed, from the Premises or the Building, at Tenant’s expense and as of Expiration Date or earlier termination of this Lease, all Tenant's personal property and all signs, notices, displays, millwork, non-movable trade fixtures, or, at the option of Landlord, any leasehold improvements placed in the Premises by or at the request of Tenant's alterations required . Tenant agrees to be removed pursuant repair, at Tenant’s expense, any damage to Section 5E, and restore the Premises to its condition prior to their installationor any other part of the Project resulting from the removal of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture, movable partitions or tenant improvements, including without limitation, repairing the floor and patching and painting the walls where required by Landlord. Tenant’s obligations under this Section 7.4 will survive the expiration or earlier termination of this Lease. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after item of property permitted or required to be removed at the expiration or earlier termination of this Leasethe Term, Landlord may retain Landlord, may, at Landlord’s option, (a) remove such property from the Premises at the expense of Tenant and sell or dispose of same in such property and all rights of Tenant with respect to it shall ceasemanner as Landlord deems advisable, or Landlord may (b) place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date expense of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Section Two Page 9 Landlord Initials: /s/ ONB Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.Initials: /s/ JH

Appears in 1 contract

Samples: Lease Assignment & Assumption (Fulgent Genetics, Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement DateSublease, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after upon the termination of this Leasethe Sublease or of the Sublessee's right to possession of the Premises, Landlord may retain or dispose of such property Sublessee will at once surrender and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring deliver up the Premises, together with interest all improvements thereon, to Sublessor in good condition and repair, reasonable wear and tear excepted; conditions existing because of Sublessee's failure to perform maintenance, repairs or replacements as required of Sublessee under this Sublease shall not be deemed "reasonable wear and tear." Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Sublessee). Sublessee shall surrender to Sublessor all keys to the Premises and make known to Sublessor the combination of all combination locks which Sublessee is permitted to leave on the Premises. All Alterations in or upon the Premises made by Sublessee shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Sublessee; provided, however, that Sublessee shall also remove any Alterations made by Sublessee, or portion thereof, which Landlord may require Sublessor to remove, pursuant to the terms of the Master Lease. In any such, event, Sublessee shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Sublessor or Landlord requires removal of any Alteration made by Sublessee, or a portion thereof, and Sublessee does not make such removal in accordance with this Section, Sublessor may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the Interest Rate from same to any other place of business of Sublessee or warehouse the same. Sublessee shall pay the costs of such removal, repair, delivery and warehousing on demand. As between Sublessor and Sublessee, Sublessee shall not be required to remove any Alterations performed by Sublessor prior to the Commencement Date or to restore the Premises to their condition prior to the making of such Alterations. If, however, the term of the Sublease expires at or about the date of expenditure by Landlord. If the expiration of the Master Lease, and if Sublessor is required under or pursuant to the terms of the Master Lease to remove any Alterations performed prior to the Commencement Date, Sublessee shall permitSublessor to enter the Premises are not so surrendered at for a reasonable period of time prior to the termination expiration of this Leasethe Sublease, Tenant shall indemnify Landlord against all loss or liabilitysubject to such conditions as Sublessee may reasonably impose, including attorneys' fees for the purpose of removing its Alterations and costs, resulting from delay by Tenant in so surrendering restoring the PremisesPremises as required.

Appears in 1 contract

Samples: Sublease Agreement (Centra Software Inc)

Surrender. Upon Tenant will not commit or allow any waste to be committed on any portion of the Premises. On or before the expiration or earlier upon the sooner termination of this --------- Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Premises, the Building and Outside Areas, and shall vacate and surrender the Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, except for any reasonreasonable wear and tear, casualties, condemnation, Hazardous Materials (other than those released or emitted, or brought to the Property, by Tenant or another Tenant Party), repairs for which Tenant is not responsible pursuant to this Lease, and alterations or other interior improvements which Tenant is permitted to surrender at the termination of this Lease. Tenant shall surrender repair all damage to the Premises Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls (except for reasonable wear and tear excepted) and, where necessary, replace or resurface same. Additionally, if and to the extent required pursuant to Paragraph 10.4, Tenant shall, upon the expiration or sooner termination of Lease, remove any Tenant Alterations and repair all damage caused by such removal. If the Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in its the condition existing as required by this Paragraph at the expiration or sooner termination of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordthis Lease, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and if such failure continues for 5 business days after Landlord’s written notice to Tenant describing such failure in reasonable details, such failure will constitute a holding over pursuant to Paragraph 25, and in addition if the Premises, the Building, the Outside Areas and the property are not surrendered to Landlord in the condition required by this Paragraph at the expiration or sooner termination of this Lease, Landlord may retain or dispose of such may, at Tenant’s expense, so remove Tenant’s signs, property and all rights of Tenant with respect improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to it shall cease, or Landlord may place all or any portion of perform such property in public storage for Tenant's accountwork. Tenant shall be liable to Landlord for all costs of removal of any such alterations reasonably and Tenant's personal property and storage and transportation costs of sameactually incurred by Landlord in returning the Premises, the Building and the cost of repairing and restoring Outside Areas to the Premisesrequired condition, together with interest on all costs so incurred from the date paid by Landlord at a rate equal to the Interest Rate from (as defined in Paragraph 33.7) until paid. Tenant shall pay to Landlord the date amount of expenditure by all costs so incurred plus such interest thereon, within 10 days of Landlord’s billing Tenant for same. If Tenant will use commercially reasonable efforts to meet with Landlord for a joint inspection of the Premises are not so surrendered at on or about the termination time of the expiration date of this Lease. If Tenant fails to use commercially reasonable efforts to arrange such joint inspection, Tenant shall indemnify Landlord against all loss Landlord’s inspection at or liability, including attorneys' fees after Tenant’s vacation of the Premises will be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and costs, resulting from delay by Tenant in so surrendering the Premisesrestoration.

Appears in 1 contract

Samples: Lease Agreement (Fusion-Io, Inc.)

Surrender. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall agrees to peaceably surrender the Premises to Landlord broom clean and, in its condition existing as the case of the Commencement Dateall warehouse floors, normal scrubbed clean (to remove all oil, grease and other debris) and in a state of good order, repair and condition, ordinary wear and tear and casualty damage by fire or other casualty (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing of Tenant’s personal property and electrical systems and lighting Alterations (as defined in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove Paragraph 13) removed from the Premises all Tenant's personal property to the extent required under Paragraph 13 and all of Tenant's alterations damage caused by such removal repaired as required by Paragraph 13. In addition, unless otherwise agreed to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure writing by Landlord. If , upon the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, (i) remove all computer and telephone wiring and cabling installed in the Premises by or for Tenant and (ii) repair any damage caused by such removal. If any such wiring and/or cabling is not so removed pursuant to this Subparagraph 11(a), then at Landlord’s option, either such wiring and/or cabling shall indemnify become the property of Landlord against all loss (without payment by Landlord) or liabilityLandlord may remove such wiring and/or cabling at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable law). At least sixty (60) days prior to the date Tenant is to actually surrender the Premises to Landlord, including attorneys' fees and costs, resulting from delay by Landlord shall notify Tenant in so surrendering writing as to which Tenant Improvements and Alterations are to be removed by Tenant, as well as any repairs Tenant is to make upon surrender of the Premises; provided, however, Tenant shall not be required to remove any improvements in the Premises existing as of the Commencement Date or with respect to which Landlord has elected that Tenant shall not be required to remove under Subparagraph 13(e). The delivery of keys to any employee of Landlord or to Landlord’s agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease or a surrender of the Premises.

Appears in 1 contract

Samples: Commercial Lease (Hei Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, by expiration or otherwise, Tenant shall peaceably surrender the Premises to Landlord in its good condition existing and repair consistent with Tenant’s duty to make repairs as of the Commencement Dateprovided herein, normal ordinary wear and tear and damage by insured, fire or and other casualty excepted. All Alterations and decorations made to the Premises by Tenant shall remain and be the property of Landlord unless Landlord shall require Tenant, at Tenant’s expense, to remove any or all thereof and repair the damage caused by such removal. If Landlord is provided with all interior walls repaired if damagedaccurate plans and specifications, Landlord shall indicate, prior to commencement of construction or installation of any Alteration or decoration, whether such Alterations or decorations will remain with the Premises at the end of the Lease Term or any extension thereof. Notwithstanding the foregoing, all carpets vacuumedfurniture, all brokeninventory, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordmanufacturing equipment, and trade fixtures, and unattached movable personal property owned by Tenant may (and upon Landlord’s request shall) be removed from the Premises by Tenant no later than the termination date and Tenant shall repair any and all floors cleaned, all to the reasonable satisfaction of Landlorddamage caused by such removal. Tenant shall also have the right to remove from the Premises all Tenant's personal property (i) air compressors, (ii) electrical substations, (iii) air handling equipment, (iv) exhaust systems, and (v) steel storage shed and Tenant shall repair any and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and damage caused by such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordremoval. If the Premises are not so surrendered at upon the termination of this LeaseLease as set forth herein, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claim made by any succeeding tenant founded on such delay. Tenant shall also surrender all keys to the Premises and shall inform Landlord of combinations in any locks, safes and vaults, if any, in the Premises.

Appears in 1 contract

Samples: Lease (Alliance Laundry Corp)

Surrender. Upon Tenant shall, upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall Lease, peaceably surrender the Premises Leased Premises, including the Tenant Improvement Work and Tenant's improvements and/or alterations installed pursuant to Landlord Article 7, in its a janitorial clean condition existing and otherwise in as of the Commencement Dategood condition as when Tenant took possession, normal except for (i) reasonable wear and tear and damage subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordcasualty, and all floors cleaned, all to the reasonable satisfaction of Landlord(iii) loss by condemnation. If Tenant shall remove from abandon, vacate or surrender the Premises all Tenant's Leased Premises, or be dispossessed by process of law or otherwise, any personal property and all fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a xxxx of Tenant's alterations required to be removed pursuant to Section 5Esale. Landlord may, and restore the Premises to its condition prior to their installation. If Tenant fails however, elect to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion part of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property from the Leased Premises, and the reasonable costs incurred by Landlord in connection with such removal, including storage and transportation costs of same, and the cost of repairing and restoring any damage to the Leased Premises, together with interest at the Interest Rate from Building and/or the date Property caused by such removal shall be paid by Tenant within 30 days after receipt of expenditure by Landlord's statement. If Upon the Premises are not so surrendered at the expiration or-earlier termination of this Lease, Tenant shall indemnify surrender to Landlord against all loss keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article shall survive the expiration or liabilityearlier termination of this Lease. Tenant shall give written notice to Landlord at least 30 days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, including attorneys' fees Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant's liability for repairs and costs, resulting from delay by Tenant in so surrendering the Premisesrestoration hereunder. 16.

Appears in 1 contract

Samples: 1999 Lease Agreement (Suntek Corp)

Surrender. Upon the expiration or other cancellation or termination of the Term (such date, as applicable, being hereinafter referred to as the “Surrender Date”), Tenant shall vacate and surrender possession of the Premises to Landlord in good order, repair and condition, except for ordinary wear and tear and any other damage which Tenant is not obligated to repair in accordance with the provisions of this Lease. Upon the expiration or other termination of the Term, Tenant shall (a) remove all Alterations to the Premises which are required to be removed by Tenant upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all Term pursuant to the reasonable satisfaction provisions of Landlord. Tenant shall remove from Article 10 or any other applicable provisions of this Lease, and, in connection with the Premises all Tenant's personal property and all removal of Tenant's alterations required to be removed pursuant to Section 5Esuch Alteration, and restore the Premises to its the condition existing prior to their installation. If Tenant fails the installation of such Alterations (it being understood that such removal and restoration shall be performed subject to remove any alterations and/or Tenant's personal property, and such failure continues after the termination provisions of Article 10 of this Lease), Landlord may retain or dispose and (b) remove all of such Tenant’s trade fixtures, office furniture, office equipment and other personal property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's accountfrom the Premises. Tenant shall be liable promptly repair any damage caused by such removal or, at Landlord’s option, pay Landlord within thirty (30) days after demand the reasonable cost of repairing any damage to Landlord for costs of the Premises or Building caused by the removal of any such alterations items. Landlord shall furnish reasonable supporting documentation for such costs to Tenant promptly after Tenant’s request. Any of Tenant’s property remaining in the Premises will be conclusively deemed to have been abandoned by Tenant and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without further notice to or demand upon Tenant's personal property and storage and transportation costs of same, and the cost of repairing without liability or obligation to account to or compensate Tenant, and restoring the Premises, together with interest at the Interest Rate from the date of expenditure Tenant will pay Landlord within thirty (30) days after demand all costs incurred by LandlordLandlord relating to such abandoned property. If the Premises are not so surrendered at the termination of this Lease, Landlord shall furnish reasonable supporting documentation for such costs to Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisespromptly after Tenant’s request.

Appears in 1 contract

Samples: Lease Agreement (Learning Tree International Inc)

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Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord broom clean and in its condition existing as of the Commencement Dategood condition, normal except for reasonable wear and tear and tear, damage by fire from Casualty or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and a Taking not required to be repaired by a reputable Tenant, and licensed service firm acceptable to Landlord’s repair and maintenance obligations; provided, however, that, except as otherwise notified by Landlord, and all floors cleanedTenant shall, all at its expense prior to the reasonable satisfaction expiration or earlier termination of Landlord. Tenant shall this Lease, remove from the Premises all Tenant's personal property (a) any Alterations, and (b) all of Tenant's alterations required to be removed pursuant to Section 5E’s Personal Property, including all telephone cables and wires, data and telephone equipment, and any other form of Cabling serving the Premises, whether or not installed by Tenant. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant and, with respect to any Alterations, Tenant shall restore the affected portion of the Premises to its condition existing before the installation of such Alterations (or, at Landlord’s election, to a Building-standard tenant-improved condition as determined by Landlord). If Xxxxxx’s request for Xxxxxxxx’s approval of any proposed Alterations contains a request that Landlord identify the portion of such work that Landlord will require Tenant to remove as provided above, then Landlord will, at the time it approves the Alterations, identify such portion thereof, if any, that Landlord will require Tenant to so remove. If, however, at the time Landlord approves any Alterations, Landlord does not for any reason identify the portion thereof required to be removed, Landlord shall be deemed to have required that the Alterations, to the extent the same constitute Above-Standard Improvements, be removed prior to their installationthe expiration or termination of this Lease. Tenant shall not be obligated to remove any of the Suite Improvements at the expiration or sooner termination of the Lease. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after perform its obligations under this Section 24.1 on or before the expiration or earlier termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall ceasedo so at Tenant’s expense, or Landlord may place all or any portion of such property in public storage for Tenant's account. which event Tenant shall be liable to reimburse Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premisesexpense within thirty (30) days after written demand accompanied by reasonable supporting documentation, together with interest at the Interest Default Rate from the date of expenditure by Landlordsuch expenses were incurred until so paid. If Tenant’s obligations under this Section 24.1 shall survive the Premises are not so surrendered at the expiration or earlier termination of this Lease. Upon the expiration or earlier termination of this Lease and of Tenant’s right to possession, Tenant shall indemnify surrender all keys to the Premises or any other part of the Building, and shall make known to Landlord against the combination of locks on all loss or liabilitysafes, including attorneys' fees cabinets and costs, resulting from delay by Tenant vaults that may be located in so surrendering the Premises.

Appears in 1 contract

Samples: Commencement of Lease (Freedom Acquisition I Corp.)

Surrender. Upon the expiration of this Sublease, or earlier upon the termination of this --------- Lease for any reason. Tenant shall the Sublease or of the Subtenant’s right to possession of the Premises, Subtenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Sublandlord in the condition as existed upon the delivery of the Premises to Landlord in its condition existing as of the Commencement DateSubtenant hereunder, normal reasonable wear and tear excepted; conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and damage by fire or tear.” Such improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other casualty excepted, with articles of personal property used in the operation of the Premises (as distinguished from Subtenant’s Personal Property (as defined in Section 18)). Subtenant shall surrender to Sublandlord all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all keys to the reasonable satisfaction Premises and make known to Sublandlord the combination of Landlordall combination locks which Subtenant is permitted to leave on the Premises. Tenant shall remove from All Alterations in or upon the Premises all Tenant's personal property made by Subtenant shall become a part of and all of Tenant's alterations shall remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant; provided, however, that Sublandlord shall have the right to require Subtenant to remove any Alterations made by Subtenant, or portion thereof if and only to the extent that such Alterations are required to be removed pursuant to Section 5Ethe terms of the Prime Lease or Sublandlord advised Subtenant at the time Sublandlord consented to such Alteration that Subtenant must remove same at the end of the Term. Such right shall be exercisable by Sublandlord’s giving written notice thereof to Subtenant on or before thirty (30) days prior to such expiration or on or before twenty (20) days after such termination. Subtenant shall also remove any Alterations made by Subtenant, and or portion thereof, which Prime Landlord may require Sublandlord to remove, pursuant to the terms of the Prime Lease. In any such event, Subtenant shall restore the Premises to its their condition prior to their installationthe making of such Alteration, repairing any damage occasioned by such removal or restoration. If Tenant fails Sublandlord or Prime Landlord requires removal of any Alteration made by Subtenant, or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver same to any other place of business of Subtenant, or warehouse same. Subtenant shall pay the costs of such removal, repair, delivery and warehousing on demand. Notwithstanding anything to the contrary in this Sublease, Subtenant shall not be required to remove any alterations and/or Tenant's personal propertyperformed by Sublandlord or existing in the Premises prior to the Commencement Date. If, however, the term of the Sublease expires at or about the date of the expiration of the Prime Lease, and if Sublandlord is required under or pursuant to the terms of the Prime Lease to remove any Alterations performed prior to the Commencement Date, Subtenant shall permit Sublandlord to enter Premises for a reasonable period of time prior to the expiration of the Sublease, subject to such failure continues after conditions as Subtenant may reasonably impose, for the termination purpose of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing removing its Alteration and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesas required.

Appears in 1 contract

Samples: Sublease (La Jolla Pharmaceutical Co)

Surrender. Upon termination of the expiration Lease Term or earlier termination of this --------- Lease for any reason. Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in its the same condition existing as received ordinary wear and tear, casualty loss and condemnation covered by Paragraphs 15 and 16 excepted (and without any obligation to deliver the HVAC systems in working condition unless replaced by Tenant) and otherwise in accordance with requirements set forth in herein. 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 Term or earlier termination of Tenant’s right of possession. Any Trade Fixtures, Tenant-Made Alterations and property 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 Commencement Datetermination of the Lease Term shall survive the termination of the Lease Term, normal wear including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and tear all obligations concerning the condition and damage repair of the Premises. Without limiting Tenant’s obligations under the Lease, Tenant acknowledges that it shall have the affirmative obligation to remove all racking and floor striping from the Premises by fire or other casualty exceptedbefore the expiration or earlier termination of the Lease Term and shall clean all resulting holes and shall fill the same with epoxy flush to the floor’s surface. 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 interior walls repaired if damagedbulbs and ballasts functioning; all truck doors, all carpets vacuumedservice doors, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing roll up doors and electrical systems dock levelers serviced and lighting placed in good operating order and repair, (including replacement of any burned out 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 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 either office or broken light bulb warehouse; walls, carpet and vinyl tiles to be in a clean condition without any holes or ballasts, 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 HVAC equipment serviced roof and roof penetrations properly repaired by a reputable licensed roofing contractor approved by Landlord; all exterior signs to be removed and licensed service firm acceptable to Landlord, holes patched and paint touched-up as necessary; and all floors cleanedelectrical and plumbing equipment to be returned in good condition and repair and conforming to code. Any Trade Fixtures, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations -Made Alterations required to be removed by Tenant pursuant to Section 5Ethis Lease and all property not removed within ten (10) days of the expiration or earlier termination of this Lease shall be deemed abandoned and may be stored, removed, and restore 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. The foregoing shall not be construed to limit Landlord’s other remedies in connection with Tenant’s failure to meet its removal and surrender obligations under this Lease. Upon Tenant’s request prior to the expiration or termination of the Lease Term, Landlord shall conduct an inspection of the Premises to its condition prior identify for Tenant any Tenant maintenance, repair or replacement obligations to their installationthe extent they are visually identifiable by Landlord during such inspection. If All obligations of Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after hereunder not fully performed as of the termination of this Leasethe Lease Term shall survive the termination of the Lease Term, Landlord may retain or dispose of such property and all rights of Tenant including without limitation, indemnity obligations, payment obligations with respect to it shall cease, or Landlord may place Operating Expenses and all or any portion obligations concerning the condition and repair of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Lease Agreement (Atlas Crest Investment Corp.)

Surrender. Upon Provided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or earlier termination any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this --------- Lease for any reason. Tenant lease, Lessee, at its expense, shall surrender the Premises to Landlord in its condition existing as return all, but not less than all, of the Commencement DateEquipment by delivering it to such place or on board such carrier, normal packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and tear and damage by fire or other casualty excepted, and in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred respect to such missing or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing damaged items and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all shall be subject to the reasonable satisfaction terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Landlord. Tenant shall remove Maintainability from the Premises all TenantManufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's personal property and all of Tenant's alterations required standard maintenance contract when sold or leased to be removed pursuant to Section 5E, and restore a third party. Lessee shall give Lessor prior written notice that it is returning the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal propertyEquipment as provided above, and such failure continues notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this lease shall be automatically extended for a term of 3 months. Thereafter, the term of this lease will be extended 4 for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this lease. Such termination will take effect upon completion of all Lessee's obligations under this lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this lease). At any time after the termination expiration of the Initial Term, if this Leaselease has been automatically extended as set forth herein, Landlord may retain or dispose of such property and all rights of Tenant with respect Lessor reserves the right to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable terminate this lease by 30 days written notice to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the PremisesLessee.

Appears in 1 contract

Samples: Master Lease Agreement (Microdyne Corp)

Surrender. Upon At the expiration of the Term or earlier termination of this --------- Lease for Lease, without the requirement of any reason. notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions (other than cabling, which Tenant shall always be required to remove unless Landlord agrees in its writing that Tenant does not need to remove cabling), and Tenant shall leave the Premises and improvements in the condition existing as of in which the Commencement Datesame are required to be maintained under Section 5.1, normal subject to reasonable wear and tear and damage casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by fire or other casualty exceptedsuch removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, with all interior walls repaired if damagedeffects, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washedand fixtures within ten (10) Business Days after notice by Landlord, the plumbing same shall be deemed abandoned by Tenant and electrical systems and lighting in good order and repair, including replacement may be disposed of any burned out or broken light bulb or ballasts, by Landlord at Tenant’s expense. In the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed event that Landlord terminates this Lease pursuant to Section 5E, 7.1 and restore re-enters and possesses the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after in accordance with the termination terms of this LeaseLease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may retain or dispose of sell such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such personal property in public storage for Tenant's account. Tenant shall be liable accordance with the previous sentence and apply the net proceeds to Landlord for costs the earliest of removal installments of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Rent or other charges owing Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Pegasystems Inc

Surrender. Upon the On expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Tenant shall surrender to Landlord the Demised Premises, and all Tenant’s improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant), and shall remove all of its personal property including any signs, notices and displays and any leasehold improvements required by Landlord to be removed. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, prior to the expiration of the Lease Term. If any such removal would damage the Demised Premises, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant’s expense or otherwise to require Tenant to post security for such restoration. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property and that Tenant does not remove from the Demised Premises on expiration or termination of the Term as allowed or required by this Lease. Title to any such improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all rights claims against Landlord for any damage or loss to Tenant arising out of Tenant with respect to it shall ceaseLandlord’s retention or disposition of any such improvements, alterations or Landlord may place all or any portion of such property in public storage for Tenant's accountpersonal property. Tenant shall be liable to Landlord for Landlord’s costs of removal storing, removing and disposing of any such improvements, alterations and Tenant's or personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordproperty. If Tenant fails to surrender the Demised Premises are not so surrendered at the to Landlord on expiration or termination of this LeaseLease as required by this Section, Tenant shall indemnify indemnify, defend and hold Landlord against harmless from all loss or liabilitydamages, loss, cost and expense (including attorneys' fees and costs, resulting from delay by Tenant ’ fees) arising out of or in so surrendering connection with Tenant’s failure to surrender the Demised Premises.

Appears in 1 contract

Samples: Retail Lease (Prime Meridian Holding Co)

Surrender. Upon On the expiration Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a good condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted, subject to normal wear and tear; all signage installed by Tenant on any portion of the Buildings or earlier Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant's occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this --------- Lease for any reasonLease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant's Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's Personal Property. Tenant will be liable to Landlord for Landlord's costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant's Personal Property. Subject to the provisions of Paragraph 24.2, below, if Tenant fails to surrender the Premises to Landlord on the Expiration Date in its the condition existing as of the Commencement Date, normal wear and tear and damage required by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this LeaseParagraph, Tenant shall indemnify indemnify, defend, and hold Landlord harmless from and against all loss or liabilityliabilities, damages, losses, costs, expenses, attorneys' fees, and claims resulting from such failure, including attorneys' fees and costs, resulting from delay without limitation any claim for damages made by Tenant in so surrendering the Premisesa succeeding tenant.

Appears in 1 contract

Samples: Attornment Agreement (Bridgepoint Education Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for Lease, Tenant shall repair any reasondamage to and restore the condition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant’s Property and shall repair all damage to the Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant’s Property. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires (to the extent expressly permitted by Section 13.2 of this Lease) such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and security codes, to Landlord broom clean, in its as good a condition existing as existed after Substantial Completion of the Commencement DateInitial Tenant’s Work, normal and in the condition described on Exhibit H attached hereto, ordinary wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all Conditions existing because of Tenant's alterations required ’s failure to perform maintenance, repairs or replacements shall not be removed pursuant to Section 5E, deemed “reasonable wear and restore the Premises to its condition prior to their installationtear”. If Tenant fails to remove any alterations and/or of Tenant's personal property’s Property, and such failure continues or to restore the Premises to the required condition, within 2 days after the termination of this LeaseLease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may retain deem all or dispose any part of such property and all rights of Tenant with respect Tenant’s Property to it be abandoned and, at Landlord’s option, title to Tenant’s Property shall cease, vest in Landlord or Landlord may place all or dispose of Tenant’s Property in any portion of such property in public storage for Tenant's account. Tenant shall be liable to manner Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesdeems appropriate.

Appears in 1 contract

Samples: Single Tenant Industrial Triple Net Lease (GenMark Diagnostics, Inc.)

Surrender. Upon Subtenant shall, on or before the expiration Expiration Date, remove all personal property, furniture, trade fixtures and other equipment, provided that the removal of the same does not adversely affect the Building structure or earlier termination any Building operating system or is not prohibited by the Master Lease, and that Subtenant promptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event that Subtenant fails to remove any such items as required by this --------- Section 4.2 by the Expiration Date, all such items remaining on the Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Master Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any reason. Tenant shall surrender associated repair or restoration of the Premises to Landlord required under the Master Lease. In all other respects, Subtenant shall deliver the Premises broom clean, in its condition existing as of the Commencement Date, normal reasonable wear and tear and damage by fire casualty excepted. In no event shall Subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and deliver possession of the Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’s part, and free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred agency or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement authority by reason of Subtenant’s actions or failures to fulfill any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, of its obligations under this Sublease (“Violations”). Subtenant shall indemnify Sublandlord against any and all floors cleanedloss, all to the reasonable satisfaction expense, damage, costs or attorneys’ fees arising out of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove Violations occurring any alterations and/or Tenant's personal property, and such failure continues time on or after the termination Commencement Date. The voluntary or other surrender of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall ceaseSublease by Subtenant, or Landlord may place a mutual cancellation thereof, shall not automatically terminate any sub-subleases or sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to all or any portion part of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest but shall, at the Interest Rate from the date option of expenditure by Landlord. If the Premises are not so surrendered at the termination Sublandlord, either (1) terminate all or any existing sub-subleases or sub-subtenancies or such other agreements, or (2) operate as an assignment to Sublandlord of this Lease, Tenant shall indemnify Landlord against any or all loss such sub-subleases or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisessub-subtenancies or such other agreements.

Appears in 1 contract

Samples: Sublease Agreement (Surebeam Corp)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. , Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Datedate this Lease is fully executed, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washedbuilding systems, including the plumbing plumbing, HVAC, ALC and electrical systems and lighting in good order and repair, and everything else in good repair for which Tenant is responsible under Section 9(b) hereof, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required which Landlord requires Tenant to be removed pursuant to Section 5Eremove, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination terxxxxxxon of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of samesxxx, and xnd the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Letter Agreement (Marvell Technology Group LTD)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall quit and surrender the Premises to Landlord in its condition existing as premises at the end of the Commencement Dateterm, normal broom clean, in the same condition as when received, reasonable wear and tear and damage by fire fire, the elements or other casualty not due to Tenant's act or neglect and/or fully covered by Landlord's insurance excepted. Tenant shall make no alterations, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred additions or nonconforming acoustical ceiling tiles replaced, all windows washed, improvements to the plumbing premises without Landlord's prior written consent. Tenant shall have the right to remove such improvements made by Tenant to the premises provided the premises are returned to the Landlord in the same condition as when they were delivered to Tenant at the commencement of this Lease. All improvements made by Tenant to the premises which are so attached to the premises that they cannot be removed without injury thereto and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, which are not removed by the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to LandlordTenant, and all floors cleaned, all alterations and additions to the reasonable satisfaction premises shall become the property of Landlord upon installation, subject to Landlord's right, hereinafter provided, to have same removed by Tenant at the expiration of the term. Notwithstanding anything to the contrary hereinbefore stipulated, Landlord shall have the right, on notice to Tenant given at least thirty (30) days prior to the expiration of the term, to have all such alterations, additions and improvements, or such of them as Landlord shall designate removed by Tenant, at Tenant's cost and expense, provided that Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the have no responsibility upon termination of this LeaseLease to remove perimeter and location markings. Tenant, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of upon removal of any alterations, additions and improvements made by it shall restore the premises to the condition in which they were at the commencement of the term, reasonable wear and tear excepted. If any mechanic's lien is filed against the demised premises for work claimed to have been done or for materials claimed to have been furnished to Tenant, such alterations and lien shall be bonded or discharged by Tenant within thirty (30) days thereafter, at Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesexpense.

Appears in 1 contract

Samples: Lease Agreement (Aerobic Creations, Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Tenant Improvements, Permitted Alterations and Alterations to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and damage by fire or other casualty exceptedany changes resulting from Permitted Alterations and approved Alterations; provided, with all interior walls repaired if damagedhowever, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all that prior to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or termination of this Lease, Tenant shall remove all from the Premises all of Tenant’s personal property and any Trade Fixtures and all Alterations and Permitted Alterations that Landlord may has elected to require Tenant to remove (except that Landlord will not be permitted to require Tenant to remove any Alterations and Permitted Alterations that Landlord advised Tenant in writing that Tenant would not be required to remove in accordance with Section 7.1 above nor will Tenant be required to remove the initial Tenant Improvements installed by Landlord pursuant to the Tenant Improvement Rider) and repair any damage caused by such removal, and if such removal is not timely completed, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord as Additional Rent on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within twenty (20) days after notice from Landlord (in public storage for Tenant's accountwhich event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such alterations property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and Tenant's personal property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Section 15.1 shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Lease (Yelp! Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant Lease, Txxxxx shall surrender the Premises and all Tenant Improvements and Alterations to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting broom-clean in good working order and repair, including replacement of except for reasonable wear and tear, damage from casualty or condemnation and any burned out or broken light bulb or ballastschanges resulting from approved Alterations; provided, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordhowever, and all floors cleaned, all that prior to the reasonable satisfaction expiration or termination of this Lease Tenant shall, at Landlord. ’s request, remove all telephone and other cabling installed in the Building by Tenant shall and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all of Tenant's alterations required Alterations that Landlord has elected to be removed pursuant require Tenant to remove as provided in Section 5E6.1 - Tenant Improvements & Alterations above, and restore repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, subject to compliance with applicable Laws, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal (provided the foregoing shall not apply to its condition prior minor items left in the Premises, the removal and disposal thereof requiring no more than de minimus costs and effort). Landlord shall also have the right to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant's accountwhich event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such alterations property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and Tenant's personal property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Lease Agreement (Corsair Gaming, Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its the same condition existing as of existed on the Commencement Datedate Tenant originally took possession thereof, normal reasonable wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from not commit or allow any waste or damage to be committed on any portion of the Premises all Tenant's personal or the Property. All property and all of Tenant's alterations that Tenant is required to be removed pursuant to Section 5E, and restore surrender shall become Landlord’s property upon the Premises to its condition prior to their installationtermination of this Lease. If Tenant fails to timely remove any alterations and/or Tenant's its personal property, and such failure continues after property from the termination of this LeasePremises, Landlord may retain keep and use them or dispose remove any of such property them and cause them to be stored or sold in accordance with applicable law, all rights of Tenant with respect at Tenant’s sole cost and expense. All keys to it shall cease, or Landlord may place all the Premises or any portion part thereof shall be surrendered to Landlord upon expiration or sooner termination of such property in public storage for Tenant's accountthe Term. Tenant shall be liable give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for costs a joint inspection of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest Premises at the Interest Rate from time of vacating, but nothing contained herein shall be construed as an extension of the date Term or as a consent by Landlord to any holding over by Tenant. In the event of expenditure by Tenant’s failure to give such notice or participate in such joint inspection, Landlord. If ’s inspection at or after Tenant’s vacating the Premises are not so surrendered at shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Notwithstanding anything to the termination contrary herein, as part of this LeaseTenant’s surrender obligations, Tenant shall indemnify Landlord against all loss return the service corridor in the same condition as of the date hereof (including if applicable, restoration of the wall separating the Building from the Warehouse and installation of a carbon monoxide ventilation system equivalent to the one located in the Building as of the date hereof), except that Tenant shall not be required to relocate and or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesreinstall any rollup doors.)

Appears in 1 contract

Samples: Industrial Gross Lease (Energy Recovery, Inc.)

Surrender. Upon Tenant agrees that on the expiration last day of the Term, or earlier on the sooner termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord (a) in its good condition existing as of the Commencement Date, and repair (damage by casualty and normal wear and tear and damage by fire or other casualty excepted), but with all interior walls repaired if damagedcleaned, all any carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises, and any damage or deterioration that would have been prevented by reasonable satisfaction maintenance by Tenant, or Tenant otherwise performing all of Landlordits obligations under this Lease. On or before the expiration or sooner termination of this Lease, Tenant shall remove from the Premises all Tenant's personal property Premises, the Building and the Project and repair any damage caused by such removal, (i) all of Tenant's alterations required to be removed pursuant to Section 5EProperty (as hereinafter defined) and Tenant's signage, and restore the Premises to its condition prior to their installation(ii) any Non-Permanent Alterations (as hereinafter defined). If Tenant fails to remove any alterations and/or Any of Tenant's personal propertyProperty not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and such failure continues after the termination disposed of this Leaseby Landlord at Tenant's expense, and Tenant waives all claims against Landlord may retain or dispose for any damages resulting from Landlord's retention and disposition of such property and all rights of Tenant with respect to it shall ceaseproperty; provided, or Landlord may place all or any portion of such property in public storage for Tenant's account. however, that Tenant shall be remain liable to Landlord for all costs incurred in storing and disposing of removal such abandoned property of any such alterations and Tenant's personal . All Alterations except those which constitute Non-Permanent Alterations shall remain in the Premises as the property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 12 and Paragraph 33(h) below, Tenant shall indemnify continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 36 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs. Alterations and Additions Tenant shall not make, or permit to be made, any alteration, addition or improvement (hereinafter referred to individually as an "Alteration" and collectively as the "Alterations") to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to any Alteration which affects the structural portions of the Premises, the Building or the Project or adversely affects the Systems serving the Premises, the Building or the Project or any portion thereof (collectively, "Structural Alterations"). Notwithstanding the foregoing, Tenant shall have the right to make Alterations (specifically excluding, however, Structural Alterations) to the Premises with prior notice to but without the consent of Landlord, provided that such Alterations are constructed and performed in full compliance with the terms of Paragraphs 13(b) through 13(g) below and do not exceed Fifteen Thousand Dollars ($15,000.00) in cost on an individual basis or for a series of related Alterations or One Hundred Thousand Dollars ($100,000.00) in the aggregate during any twelve (12) month period during the Term of this Lease. Any Alteration to the Premises shall be at Tenant's sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. As a further condition to giving consent, for any individual Alteration or series of related Alterations estimated to cost in excess of one hundred thousand dollars ($100,000), Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one hundred twenty-five percent (125%) of the estimated costs of such Alterations, to ensure Landlord against any liability for mechanics' and materialmen's liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required (including, to the extent required by Laws, waste water or storm water discharge permits) must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its reasonable costs (including, without limitation, the costs of any construction manager retained by Landlord (the "Construction Management Fee")) in reviewing plans and documents and in monitoring construction, which reasonable costs shall not exceed four percent (4%) of the costs of the Alterations. Tenant shall maintain during the course of construction, at its sole cost and expense, builders' risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other customary insurance coverages in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor(s) (or Tenant on behalf of or in lieu of its contractors) procure and maintain in full force and effect during the course of construction a "broad form" commercial general liability and property damage policy of insurance naming Landlord, UBS, Tenant and Landlord's lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00). All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant (but specifically excluding Non-Permanent Alterations), together with all property that has become an integral part of the Premises or the Building, shall at once be and become the property of Landlord, and shall not be deemed trade fixtures or Tenant's Property. If requested by Landlord, Tenant will pay, prior to the commencement of construction, an amount reasonably determined by Landlord necessary to cover the costs of demolishing such Alterations and/or the cost of returning the Premises and the Building to its condition prior to such Alterations. Any computer or telecommunications equipment or lines installed by Tenant must be installed within the Premises and, at the request of Landlord made at any time prior to the expiration of the Term, removed upon the expiration or sooner termination of this Lease and the Premises restored to the same condition as before such installation. Notwithstanding the foregoing, Tenant shall not be required to remove any computer or telecommunications lines or wiring installed as part of the Initial Alterations. Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises, or if Tenant plans to use any high-power usage equipment in the Premises, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay the costs associated with the installation of supplementary air conditioning capacity or electrical systems necessitated by such equipment. Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the date Tenant desires to commence construction or installation of such Alterations and Landlord has approved such date in writing, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's improvements. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. Landlord understands that Tenant desires to make certain improvements to the Premises prior to the Commencement Date (collectively, the "Initial Alterations"), all as generally described and shown on the conceptual plans attached hereto as Exhibit I (the "Conceptual Plans"). Landlord hereby approves the Conceptual Plans.. The Initial Alterations may include, without limitation, the modification of the underground plumbing to make trenches to connect the existing drains, the creation of openings in the roof of the Building to vent exhaust, and the addition to the Premises of approximately ten thousand (10,000) square feet of office space, a manufacturing/assembly area, an engineering area with lab space, and a shipping/receiving area. Tenant intends to use only one or two of the existing truck/dock doors in the Premises and Tenant shall have the right to replace the remaining truck/dock doors with glass to increase the amount of natural light into the Premises. Tenant shall be entitled to construct and install the Initial Alterations in the Premises, subject to full compliance with the terms and conditions of Paragraphs 13(a) through 13(f) above, including, without limitation, the delivery to and approval by Landlord of detailed plans and specifications for the Initial Alterations in accordance with Paragraph 13(b) above. Landlord shall have a reasonable period of time to review such plans and specifications, taking into account the complexity of the proposed Initial Alterations and the need of Landlord to retain outside consultants to review the same; provided, however, that in no event shall such review period extend beyond thirty (30) days. Notwithstanding anything to the contrary contained in Paragraph 13(b) above, the Construction Management Fee charged for the Initial Alterations shall not exceed the amounts calculated in accordance with the following schedule: Aggregate Cost of Designing and Constructing Initial Alterations ("Initial Alterations Cost") Construction Management Fee $0.00 - $10,000.00 0% $10,001.00 - $100,000.00 4% of Initial Alterations Cost between $10,001.00 and $100,000.00 $100,001.00 and above 2% of Initial Alterations Cost above $100,000.00 By way of example, if the Initial Alterations Cost is Five Hundred Thousand Dollars ($500,000.00), the Construction Management Fee shall be Eleven Thousand Six Hundred Dollars ($11,600.00) (viz. the sum of (1) 4% of the Initial Alterations Cost between $10,001.00 and $100,000.00, plus (2) 2% of the Initial Alterations Cost between $100,001.00 and $500,000.00).

Appears in 1 contract

Samples: Lease Agreement (Cepheid)

Surrender. Upon Tenant agrees that, on the expiration last day of the Lease Term, or earlier on the sooner termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises promptly and peaceably to Landlord in its as good a condition existing and repair as of received on the Commencement DateDate (damage by Acts of God, casualties, fire, normal wear and wear, tear and damage by fire obsolescence, condemnation, and Alterations, as hereinafter defined, which Tenant is not required to remove under the terms of this Lease, excepted), together with the Tenant Improvements which may have been made in, to, or other casualty exceptedon the Premises), with all interior walls cleaned and repaired or replaced, if damaged, ; all floors broom cleaned; all carpets vacuumed, cleaned; and all broken, marred or nonconforming acoustical ceiling tiles replaced. On or before the end of the Term or sooner termination of this Lease, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's personal property and all trade fixtures (the "Tenant's Property") from the Premises as set forth in Section 8.10 below; provided, however, Tenant shall not remove or demolish the Tenant Improvements. All of Tenant's alterations required to Property not so removed on or before the end of the Term or sooner termination of this Lease shall be removed pursuant to Section 5Edeemed abandoned by Tenant. Landlord may, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the upon termination of this Lease, Landlord may retain or dispose of such property and remove all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's accountProperty so abandoned by Tenant, at Tenant's sole cost and expense, and repair any damage caused by such removal at Tenant's sole cost and expense. On the expiration or sooner termination of this Lease, Tenant shall not be liable required to Landlord for costs remove or demolish the Tenant Improvements and Tenant shall not be required to remove or demolish any Alterations made to the Premises by Tenant during the term of removal this Lease except as described in Section 8 of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordthis Lease. If the Premises are not so surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify and hold Landlord harmless from and against all loss or liability, including attorneys' fees and costs, liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the Term hereof or as a consent of Landlord to any holding over by Tenant. The cancellation of this Lease on the mutual agreement and consent of both Landlord and Tenant shall not work as a merger and, at the option of Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases or subtenancies; provided that, if Landlord elects an assignment Landlord shall fully and finally release Tenant from all further obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ilog Sa)

Surrender. Upon Tenant agrees that on the expiration last day of the Term, or earlier on the sooner termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord (a) in its good condition existing as and repair (damage by acts of the Commencement DateGod, fire, and normal wear and tear and damage by fire or other casualty excepted), but with all interior walls repaired if damagedpainted or cleaned so they appear painted, all any carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any damage or deterioration to the reasonable satisfaction floors of Landlord. Tenant shall remove the Premises arising from the use of forklifts in, on or about the Premises all (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant's personal property and , or Tenant otherwise performing all of Tenant's alterations required to be removed pursuant to Section 5E, and restore its obligations under this Lease. On or before the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant's expense to remove any or all Alterations and/or the initial Tenant Improvements constructed and installed pursuant to Exhibit B hereto, and to repair any damage caused by such removal. Any of Tenant's property not so removed by Tenant as required herein shall be deemed abandoned and may retain or dispose 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 and all rights of Tenant with respect to it shall ceaseproperty; provided, or Landlord may place all or any portion of such property in public storage for Tenant's account. however, that Tenant shall be remain liable to Landlord for all costs incurred in storing and disposing of removal such abandoned property of any such alterations Tenant. All Tenant Improvements and Tenant's personal Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 11 and Paragraph 32(b) below, Tenant shall indemnify continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the PremisesPremises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Mohawk Industries Inc)

Surrender. Upon On the expiration Expiration Date or earlier upon the termination of this --------- Lease for any reason. hereof upon a day other than the Expiration Date, Tenant shall peaceably surrender the Demised Premises to Landlord in its good order, condition existing as of the Commencement Date, normal and repair (reasonable wear and tear and damage by fire casualty only excepted); warehouse area in broomclean condition; office/restroom area vacuumed and cleaned. On or before the Expiration Date or upon termination of this Lease on a day other casualty exceptedthan the Expiration Date, with Tenant shall, at its expense, remove all interior walls repaired if damagedtrade fixtures, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. It is specifically agreed that any and all of Tenant's alterations required to telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring installed by Tenant within the Demised Premises (hereinafter “Wiring”) shall be removed pursuant to Section 5Eat Tenant’s cost at the expiration of the Term, unless Landlord has specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be surrendered with the Demised Premises as Landlord’s property. Any damage caused in the removal of such items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and restore without charge, at the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of Lease except any such alterations and Tenant's personal property and storage and transportation costs of same, and items identified under Article 14.0 hereof. If the cost of repairing and restoring Demised Premises are not surrendered on the Premises, together with interest at the Interest Rate from Expiration Date or the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasetermination, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees claims, without limitation, made by any succeeding Tenant founded on such delay. Tenant shall promptly surrender all keys for the Demised Premises to Landlord at the place then fixed for payment of rent and costs, resulting from delay by Tenant in so surrendering shall inform Landlord of combinations of any locks and safes on the Demised Premises.

Appears in 1 contract

Samples: Commercial Lease (EnteroMedics Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for Lease, Tenant shall repair any reasondamage to and restore the condition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant’s Property and shall repair all damage to the Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant’s Property. Tenant shall further patch and fill all holes within the Premises. All penetrations of the roof shall be resealed to a water tight condition. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and security codes, to Landlord broom clean and in its as good a condition existing as of the Commencement Datewhen received, normal ordinary wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all Conditions existing because of Tenant's alterations required ’s failure to perform maintenance, repairs or replacements shall not be removed pursuant to Section 5E, deemed “reasonable wear and restore the Premises to its condition prior to their installationtear”. If Tenant fails to remove any alterations and/or of Tenant's personal property’s Property, and such failure continues or to restore the Premises to the required condition, within 2 days after the termination of this LeaseLease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may retain deem all or dispose any part of such property and all rights of Tenant with respect Tenant’s Property to it be abandoned and, at Landlord’s option, title to Tenant’s Property shall cease, vest in Landlord or Landlord may place all or dispose of Tenant’s Property in any portion of such property in public storage for Tenant's account. Tenant shall be liable to manner Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesdeems appropriate.

Appears in 1 contract

Samples: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant Sublease, Subtenant shall surrender and deliver up the Premises to Landlord in its the condition existing as required by Sections 5(c) and 6(c) of the Commencement Date, normal wear and tear and damage by fire or other casualty exceptedMaster Lease, with all interior walls repaired if damagedof Subtenant’s personal furniture, fixtures and equipment (including, without limitation, all carpets vacuumedfurniture, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, fixtures and equipment conveyed to Subtenant pursuant to the plumbing and electrical systems and lighting in good order and repair, including replacement Xxxx of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to LandlordSale), and all floors cleanedAlterations made by or on behalf of Subtenant, all to the reasonable satisfaction of Landlord. Tenant shall remove removed from the Premises all Tenant's personal property and all of Tenant's alterations (to the extent required by the Master Lease), provided however, that Sublandlord shall continue to be removed obligated to remove any Alterations (if any) made by or on behalf of Sublandlord prior to the Effective Date of this Sublease (to the extent required by the Master Lease) and to repair any damage to the Premises caused by such removal. Subtenant shall repair any damage to the Premises caused by the removal of its furniture, fixtures and equipment (including, without limitation, all furniture, fixtures and equipment conveyed to Subtenant pursuant to Section 5Ethe Xxxx of Sale), and the removal of any Alterations made by or on behalf of Subtenant. If Subtenant fails to remove any items of furniture, fixtures or equipment on or before the expiration or earlier termination of this Sublease, Sublandlord may, at its option, deem such items to be abandoned and may, at its option, remove the same (and repair any damage occasioned thereby and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal propertyas aforesaid at Subtenant’s cost) and dispose of or warehouse such items or warehouse, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it Subtenant shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and pay the cost of repairing and restoring the Premisessuch removal, together repair, restoration, disposal or warehousing to Sublandlord on demand, or Sublandlord may treat such items as having been conveyed to Sublandlord with interest at the Interest Rate from the date this Sublease acting as a xxxx of expenditure sale therefor, without further payment or credit by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the PremisesSublandlord to Subtenant.

Appears in 1 contract

Samples: Sublease (Adynxx, Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordchanges resulting from approved Alterations, and all floors cleaned, all Tenant shall have no obligation to remove Alterations or Minor Alterations to the reasonable satisfaction Premises except to extent specifically provided in this Lease; provided, however, that prior to the expiration or termination of Landlord. this Lease Tenant shall remove from the Premises all Tenant's telephone and electronic cabling and security systems installed in the Building by Tenant, personal property and any Trade Fixtures and all Alterations and Minor Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal, provided, however, that Tenant shall not be required to remove any telephone or other cabling installed in the Building by Tenant if Tenant fulfills the initial 144 month Term of this Lease. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and Tenant shall indemnify Landlord from any other costs or damages incurred by Landlord by reason of Tenant's alterations required failure to be removed pursuant complete timely removal. Landlord shall also have the right to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenantwhich event title to all such property described in Landlord's accountnotice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such alterations and property. Upon expiration or termination of this Lease or of Tenant's personal property possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and storage shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant's obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, . In no event shall Tenant shall indemnify Landlord against all loss be required to remove the Tenant Improvements or liability, including attorneys' fees and costs, resulting from delay by Tenant any Alterations except as provided in so surrendering the PremisesSection 6.1 above.

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements and Tenant’s improvements and/or alterations installed pursuant to Article 7.1, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casually, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to Landlord under this Lease as by a xxxx of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord’s statement. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its condition existing as all keys to the Leased Premises and shall inform Landlord of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement combination of any burned out vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expiration or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the earlier termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all any loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of the Leased Premises shall be conclusively deemed correct, unless erroneous, for purposes of determining Tenant’s liability for repairs and restoration hereunder.

Appears in 1 contract

Samples: Rider (Eschelon Telecom Inc)

Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements and Tenant's improvements and/or alterations installed pursuant to Article 7.2, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a bill xx sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its condition existing as all keys to the Leased Premises and shall inform Landlord of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement combination of any burned out vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expiration or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the earlier termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all any loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration hereunder.

Appears in 1 contract

Samples: Office Lease (Mobility Electronics Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease Sublease for any reason. Tenant , Subtenant shall surrender the Premises to Landlord Sublandlord in its condition existing as of the Commencement Date (including Building standard Tenant Improvements even if not completed as of the Commencement Date), normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of LandlordSublandlord. Tenant Subtenant shall remove from the Premises all Tenant's Subtenant’s personal property and all of Tenant's Subtenant’s alterations required to be removed pursuant to Section 5ESections 5D and 5E (but not the Initial Tenant Improvements), and restore the Premises to its condition prior to their installation. If Tenant Subtenant fails to remove any alterations and/or Tenant's Subtenant’s personal property, and such failure continues after the termination of this LeaseSublease, Landlord or Sublandlord may retain or dispose of such property and all rights of Tenant Subtenant with respect to it shall cease, or Landlord Sublandlord may place all or any portion of such property in public storage for Tenant's Subtenant’s account. Tenant Subtenant shall be liable to Landlord Sublandlord for costs of removal of any such alterations and Tenant's Subtenant’s personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by LandlordSublandlord. If the Premises are not so surrendered at the termination of this LeaseSublease, Tenant Subtenant shall indemnify Landlord Sublandlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant Subtenant in so surrendering the Premises.

Appears in 1 contract

Samples: Sublease (ShoreTel Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement DateSublease, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after upon the termination of this Leasethe Sublease or of the Tenant’s right to possession of the Premises, Landlord may retain or dispose of such property Tenant will at once surrender and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring deliver up the Premises, together with all improvements thereon, to Landlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Sublease shall not be deemed “reasonable wear and tear”. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). Tenant shall surrender to Landlord all keys, security codes and the like to the Premises and make known to Landlord the combinations for all combination locks which Tenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant; provided, however, that Landlord shall have the right to require Tenant to remove any Alterations made by Tenant, or portion thereof. Tenant shall also remove any Alterations made by Tenant, or portion thereof, which Prime Landlord may require Landlord to remove, pursuant to the terms of the Prime Lease. In any such event, Tenant shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Landlord or Prime Landlord requires removal of any Alteration made by Tenant, or a portion thereof, and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any damage occasion thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand, together with interest at the Interest Rate thereon from the date of expenditure any such cost is incurred by Landlord. If the Premises are not so surrendered Landlord at the termination interest rate set forth in Section 52(F) of the Prime Lease, which costs and interest shall be Additional Rent under this Sublease. The provisions of this Lease, Tenant Section 17 shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering be subject to the Premisesprovisions of Section 38 hereof.

Appears in 1 contract

Samples: ACA Capital Holdings Inc

Surrender. Upon No earlier than twelve (12) months nor later than six --------- (6) months prior to the expiration or earlier sooner termination of the term hereof or any extension term, as applicable, Lessee shall give Lessor notice ("Expiration/Termination Notice") of all alterations, improvements and additions contained within the Premises as of the date thereof. Within thirty (30) days after the date of such Expiration/Termination Notice, Lessor shall give Lessee Notice of the alterations improvements and/or additions which Lessee shall be required to remove as of the expiration or sooner termination of this --------- Lease for provided that either (a) Lessor indicated in its consent to such alteration, improvement or addition that Lessor reserved its right to require such removal or (b) Lessee failed to obtain Lessor's consent to such alteration, improvement or addition. On the last day of the term hereof, or any reason. Tenant sooner termination, Lessee shall surrender the Premises to Landlord Lessor in its the same condition existing as when received ordinary wear and tear excepted, free and clear of debris; provided that Lessee shall have removed all "Hazardous Materials" (as defined in Paragraph 45.2) from the Premises and all Special Improvements from the Premises (which Lessor requires Lessee to remove) in a manner which complies with all "Governmental Regulations" (as defined in Paragraph 45.3); provided, further that Lessee shall be required to remove all other fixtures, tenant improvements, equipment and furnishings which Lessor requires, within sissy (60) days after the delivery of Lessor's notice to so remove. Lessee shall repair any damages to the Premises occasioned by the installation or removal of the Commencement DateSpecial Improvements and Lessee's tenant improvements, trade fixtures, furnishings and equipment or occasioned by Lessee's removal of all Hazardous Materials. Except for the removal of all Hazardous Materials, if the cost of repairing the damage to the Premises occasioned by any other removal would be prohibitive, in Lessee's reasonable determination, Lessee shall deliver written notice thereof to Lessor within 10 days after the Lessor's notice to remove. In such event, Lessor shall then advise Lessee in writing within 10 days after receipt of Lessee's notice to either (a) remove the subject improvements up to but not including the shell portion of the Premises, or (b) leave the Premises as they are, or (c) remove such improvements without repair to the Premises. Notwithstanding anything to the contrary otherwise stated in this Lease, Lessee shall leave the air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing and fencing on the Premises in good operating condition, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Sublease Agreement (Psinet Inc)

Surrender. Upon Tenant agrees that on the expiration last day of the Term, or earlier on the sooner termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord (a) in its good condition existing as and repair (damage by acts of the Commencement DateGod, fire, normal wear and tear and damage by fire or other casualty performance of Landlord's obligations under this Lease excepted), but with all interior walls repaired if damagedand touch painted, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all non-working light bulbs and ballasts replaced and all roll-up doors, docks, dock levelers and plumbing fixtures in good condition and working order, (b) "broom clean," free of trash, debris and the personal property of Tenant, and (c) free of all Hazardous Materials used, generated, stored or disposed of on or about the Premises, the Building or the Project by Tenant or Tenant's Parties. Normal wear and tear shall not include any damage or deterioration to the reasonable satisfaction floors of Landlord. Tenant shall remove the Premises arising from the Premises all use of forklifts in, on or about the Premises, and any damage or deterioration that would have been prevented by proper maintenance by Tenant's personal property and , or Tenant otherwise performing all of Tenant's alterations required to be removed pursuant to Section 5E, and restore its obligations under this Lease. On or before the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or sooner termination of this Lease, (i) Tenant shall removal all of Tenant's furniture, movable fixtures, equipment, inventory and other personal property and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to end of the Term (except in the event of a termination of this Lease prior to the scheduled end of the Term, in which event no advance notice shall be required), require Tenant at Tenant's expense to remove any or all Alterations and to repair any damage caused by such removal. Any of Tenant's furniture, movable fixtures, equipment, inventory and other personal property not so removed by Tenant as required herein shall be deemed abandoned and may retain or dispose 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 and all rights of Tenant with respect to it shall ceaseproperty; provided, or Landlord may place all or any portion of such property in public storage for Tenant's account. however that Tenant shall be remain liable to Landlord for all costs incurred in storing and disposing of removal such abandoned property of any such alterations Tenant. All Tenant Improvements and Tenant's personal Alterations except those that Landlord requires Tenant to remove shall remain in the Premises as the property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises39.

Appears in 1 contract

Samples: Worldwide Manufacturing Usa Inc

Surrender. Upon the expiration of this Sublease, or earlier upon the termination of the Sublease or of the Tenant's right to possession of the Subleased Premises, Tenant will at once surrender and deliver up the Subleased Premises, together with all improvements thereon, to Landlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required of Tenant under this --------- Lease for any reasonSublease shall not be deemed "reasonable wear and tear". Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Subleased Premises (as distinguished from operations incident to the business of Tenant). Tenant shall surrender to Landlord all keys to the Subleased Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Subleased Premises. All Alterations in or upon the Subleased Premises made by Tenant shall become a part of and shall remain upon the Subleased Premises upon such termination without compensation, allowance or credit to Tenant provided, however, that Landlord shall have the right to require Tenant to remove any Alterations made by Tenant, or portion thereof, if Landlord is required to remove same pursuant to requirements of the Prime Lease. Said right shall be exercisable by Landlord giving written notice thereof to Tenant on or before thirty (30) days prior to such expiration or on or before twenty (20) days after such termination. Tenant shall also remove any Alterations made by Tenant, or portion thereof, which Prime Landlord may require Landlord to remove, pursuant to the terms of the Prime Lease. In any such event, Tenant shall restore the Subleased Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Landlord pursuant to this Sublease or Prime Landlord pursuant to the Prime Lease has the right to require removal and does in fact so require removal of any Alteration made by Tenant, or a portion thereof, and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand. As between Landlord and Tenant, Tenant shall not be required to remove any Alterations performed by Landlord prior to the Commencement Date or to restore the Subleased Premises to their condition existing as prior to the making of such Alterations. If, however, the term of the Sublease expires at or about the date of the expiration of the Prime Lease, and if Landlord is required under or pursuant to the terms of the Prime Lease to remove any Alterations performed prior to the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, Tenant shall permit Landlord to enter the plumbing and electrical systems and lighting in good order and repair, including replacement Subleased Premises for a reasonable period of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all time prior to the reasonable satisfaction expiration of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all Sublease for the purpose of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to removing its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing Alterations and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Subleased Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesas required.

Appears in 1 contract

Samples: Mackenzie Investment Management Inc

Surrender. Upon expiration of the Lease Term or earlier termination of Tenant's right of possession in accordance with the terms of this Lease, Tenant shall surrender the Premises to Landlord "broom clean" and in good condition and repair, and Tenant shall remove all of its personalty and shall, if directed to do so by Landlord, remove all alterations, additions and improvements (and/or any cabling installed by or on behalf of Tenant) and restore the Premises to its original condition prior to the construction of any alterations, additions and improvements which have been made therein by or on behalf of Tenant, whether made prior to, on or after the Commencement Date. If Tenant fails to remove any of Tenant's personal property on or before the expiration or earlier termination of this --------- Lease Lease, or Tenant's right to possession hereunder, Landlord, at Tenant's sole cost and expense, shall be entitled to re-enter the Premises and remove and/or store such personal property, using such force as may be necessary without being guilty of forcible entry, detainer, trespass or other tort, and Landlord shall in no event be responsible for any reason. the value, preservation or safekeeping thereof Tenant shall surrender pay to Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant .fails to remove any such personal property from the Premises or storage, as the case may be, within ten (1 0) clays after written notice from Landlord, Landlord at its option, may deem all or any part of such personal property to have been abandoned by Tenant and, at Landlord's option (exercised in its sole and absolute discretion) title thereof shall immediately pass to Landlord in its condition existing under this Lease as by a xxxx of sale. All indemnifications and all accrued obligations of Tenant hereunder not fully performed as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, expiration of the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant Lease Term shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after survive the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the PremisesLease Term.

Appears in 1 contract

Samples: Office Lease Agreement (GeoVax Labs, Inc.)

Surrender. Upon At the expiration or earlier sooner termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Leased Premises to Landlord Landlord, together with all Tenant Improvements, in its broom clean condition existing as of the Commencement Date, normal and in good order and repair except for ordinary wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, hazard for which Tenant is obligated to make repairs under this Lease. Tenant shall not be required to restore the plumbing Building to its original warehouse design and electrical systems and lighting shall not be liable for any costs that may be incurred by Landlord in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlorddoing so. Tenant shall remove from the Leased Premises all Tenant's personal property and all of Tenant's alterations required to be removed ’s personal property brought onto or into the Leased Premise pursuant to Section 5E7.2 hereof. Landlord shall have no claim to such personal property as a result of the expiration or sooner termination of this Lease except as provided herein. Any such removal as described in the previous sentence shall not damage the Leased Premises, and restore to the extent it does so damage the Leased Premises, such damage shall be repaired by Tenant in a good and workmanlike manner. Any personal property or equipment not so removed by Tenant shall be deemed abandoned and, if Landlord elects, shall become the sole property of Landlord. If Landlord elects to remove and dispose of the same, Tenant will reimburse Landlord for the cost of such removal and disposal. Landlord may, in its sole discretion, conduct an inspection of the Leased Premises thirty (30) days prior to the Termination Date (the “Initial Walk-Through”) and an inspection on the Termination Date (“the Final Walk-Through”) in order to determine whether the Leased Premises is in the condition required pursuant to the first sentence of this Section 16 and after the Initial Walk-Through and the Final Walk-Through, Landlord shall note and deliver any punch list items (the “Punch List Items”) which Tenant must repair for the Leased Premises to its be in the required condition. In the event that the Leased Premises is not in the condition prior specified in the first sentence of this Section 16 at the time that Landlord conducts the Final Walk-Through, Tenant shall have a seven (7) day period immediately following the date of such Final Walk-Through to their installationrepair the Punch List Items and surrender the Leased Premises in the condition required hereunder. If Tenant fails has not repaired the Punch List Items and surrendered the Leased Premises in the condition required hereunder prior to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose expiration of such property seven (7) day period, the Landlord shall make such repairs and all rights send Tenant an invoice for the actual cost of the same. Tenant’s only obligation to Landlord during such seven (7) day period shall be to repair the Punch List Items. All other obligations of Tenant with respect to it shall cease, or Landlord may place all or any portion terminate as of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the PremisesTermination Date.

Appears in 1 contract

Samples: Lease (Tollgrade Communications Inc \Pa\)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Alterations to Landlord broom clean and in its their condition existing as of the Commencement Date, except for normal wear and tear tear, damage from casualty or condemnation and damage any changes resulting from approved Alterations that Tenant is not required to remove; provided, however, that prior to the expiration or earlier termination of this Lease Tenant: (i) shall remove all telephone and other cabling installed in the Building by fire or other casualty excepted, with all interior walls repaired if damagedTenant, all carpets vacuumedof Tenant’s personal property, all brokenfurniture, marred decorations, interior or nonconforming acoustical ceiling tiles replacedexterior signs, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to LandlordTrade Fixtures, and all floors cleaned, all Alterations that Landlord timely elects in accordance with this Lease to require Tenant to remove; and (ii) shall repair any damage to the reasonable satisfaction of LandlordPremises, the Building, Common Areas and perform any restoration work caused or occasioned by Tenant’s compliance with this Section. Tenant shall remove patch and refinish all penetrations made by Tenant or its agents or employees to the floor, walls, or ceiling of the Premises necessitated by Tenant’s removal of Alterations and/or Trade Fixtures, whether or not made or installed with Landlord’s approval. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings, and floor coverings to the extent the same require repair or replacement beyond normal wear and tear. All repairs shall be made to Landlord’s reasonable satisfaction. If any such removal or repair is not completed before the expiration or earlier termination of the Term, Landlord shall have the right (but no obligation) to cause such removal or repair to be performed and to repair any damage and perform any restoration work caused or occasioned by such removal. Tenant shall pay Landlord on demand for all costs of removal, repair and restoration, for storage of Tenant’s property and for the rental value of the Premises for the period from the Premises all Tenant's personal property end of the Term through the end of the time reasonably required for such removal, repair and all of Tenant's alterations required restoration. Landlord shall also have the right to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of Tenant’s property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in public storage for Tenant's accountLandlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of Tenant’s property. Upon expiration or earlier termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The term “normal wear and tear,” for purposes of this provision, shall be liable construed to Landlord for costs of removal of any such alterations mean wear and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If tear caused to the Premises are by the natural aging process that occurs in spite of prudent application of good standards for maintenance and repair; and it is not so surrendered intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if good standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Lease Agreement (Verigy Ltd.)

Surrender. Upon At the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement DateTerm, normal wear whether by termination or any other manner of expiration or cessation of Lessee's right of possession hereunder, Lessee shall vacate the Leased Premises and tear remove all Lessee's goods and effects from the Leased Premises (including, without limiting the generality of the foregoing, all furniture, Hazardous Materials, waste of any nature, any and all NOVIRIO LEASE AUGUST 21, 2001 contaminated material [including the neutralization chips] and all signs, stickers and lettering affixed or painted by Lessee, either inside or outside of the Leased Premises, including on floors, doors, walls or cabinetry). Lessee shall deliver to Lessor the Leased Premises (including, without limiting the generality of the foregoing, its plumbing, HVAC, electrical, chemical hoods, benches and neutralization tank systems) and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Leased Premises (provided Lessor does not elect otherwise as provided herein), in good condition, damage by fire or other casualty and reasonable wear and tear only excepted. Lessee shall, with at its sole cost and expense, repair any and all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, damage resulting from the plumbing and electrical systems and lighting in good order and repair, including replacement removal of any burned out or broken light bulb or ballasts, fixtures. In the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to event of the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all TenantLessee's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails failure to remove any alterations and/or Tenantof Lessee's personal propertyproperty from the Leased Premises, or deliver the Leased Premises in good condition as provided herein, Lessor is hereby authorized, without liability to Lessee for loss or damage thereto, and at the sole risk of Lessee, to remove and store any of the property at Lessee's expense, or to retain the same under Lessor's control or to sell the same at public or private sale, and to apply the net proceeds of such failure continues after sale to the payment of any sum due hereunder, or to destroy such property. Lessor may make all necessary repairs, maintenance and work which are Lessee's responsibility as provided herein, and charge Lessee as Additional Rent any expenses and obligations which Lessor has incurred in connection herewith (including, without limitation, reasonable attorneys' fees incurred by Lessor in connection herewith). If Lessee fails to vacate the Leased Premises in a timely manner upon the expiration of the Lease Term or any other termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant Lessee shall be liable a tenant-at-sufferance only subject to Landlord for costs all the terms and conditions of removal of any such alterations and Tenant's personal property and storage and transportation costs of samethis Lease and, and the cost of repairing and restoring the Premisesas consideration therefor, together with interest at the Interest Rate from shall pay to Lessor commencing on the date of expenditure by Landlord. If expiration or any earlier termination of the Premises are not so surrendered Lease Term at the termination rate equal to one hundred fifty percent (150%) of the Base Rent and Additional Rent payable during the last month of the Lease Term. Such payments shall not in any way constitute, or entitle Lessee to, a renewal or extension of this LeaseLease or grant Lessee any right to continue in possession of the Leased Premises, Tenant nor shall indemnify Landlord they limit or be in lieu of any other rights or remedies which Lessor may have against all loss Lessee under the terms of this Lease or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesunder applicable law.

Appears in 1 contract

Samples: Lease Agreement (Idenix Pharmaceuticals Inc)

Surrender. Upon Tenant agrees that on the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as last day of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall ceaseTerm, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and on the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the sooner termination of this Lease, Tenant shall indemnify surrender the premises to Landlord against (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all loss interior walls cleaned and repaired, any carpets cleaned, and all floors cleaned, and (b) otherwise in accordance with Paragraph 32(e). Normal wear and tear shall not include any damage or liabilitydeterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined), including attorneys' fees Tenant’s wiring and costscabling installed in the Premises by Tenant prior to and during Tenant’s occupancy, and Tenant’s signage from the Premises and the Building and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations and to repair any damage caused by such removal; provided that Landlord notified Tenant, at the time Landlord consented such Alterations in accordance with Paragraph 12, that Landlord would require removal of any Alterations at the end of the Term. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from delay by Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in so surrendering storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations, except those which Landlord requires Tenant to remove, shall remain in the PremisesPremises as the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (INVO Bioscience, Inc.)

Surrender. Upon On the expiration Expiration Date or earlier termination or cancellation of this --------- Lease (or the earlier dispossession of Tenant from any Facility), Tenant shall deliver to Landlord or Landlord’s designee (a) possession of each Facility in a neat and clean condition, with each Facility being fully operational as of such date and in compliance with all Authorizations, and (b) all business records (other than corporate financial records or proprietary materials), data, patient and resident records, and patient and resident trust accounts, which may be necessary, desirable or advisable for any reasonthe operation of each Facility for its Primary Intended Use. Tenant shall surrender have no obligation to perform any Alterations necessitated by, or imposed in connection with, a change of ownership inspection survey for the Premises transfer of operation of such Facility to Landlord in or Landlord’s designee unless such Alterations were previously required hereunder or by the applicable licensing authorities to be undertaken by Tenant prior to the Expiration Date (or earlier termination date or cancellation of this Lease or earlier dispossession of Tenant from any Facility) and Tenant failed to do so. From and after the Expiration Date or an earlier dispossession of Tenant not resulting from an Event of Default, Landlord and Landlord’s designee shall allow Tenant and its condition existing as agents and representatives to have reasonable access to (upon reasonable prior notice and during normal business hours), and to make copies of, the business records (other than corporate financial records or proprietary materials), data, patient and resident records, and patient and resident trust accounts of the Commencement DateFacilities relating to the period of occupancy by Tenant, normal wear to the extent reasonably necessary to enable Tenant to among other things investigate and tear and damage by fire defend resident, employee or other casualty exceptedclaims, with all interior walls repaired if damagedto file or defend cost reports and tax returns, all carpets vacuumedto complete/revise, all brokenas needed, marred or nonconforming acoustical ceiling tiles replacedany patient assessments which may be required for Tenant to seek reimbursement for services rendered during its occupancy of the Facilities, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordverify accounts receivable collections due Tenant, and all floors cleanedto enable Tenant to complete post termination, all to the reasonable satisfaction of Landlordaccounting, reconciliation and closing procedures. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.14.2

Appears in 1 contract

Samples: Master Lease

Surrender. Upon the expiration or earlier termination of the Term of this --------- Lease or termination for any other reason. , Tenant shall surrender the Premises and all Improvements and Alterations (which shall then become the property of Landlord at such time) to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or Condemnation and damage by fire any changes resulting from approved Alterations. Notwithstanding the above or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all anything to the reasonable satisfaction contrary contained in this Lease, prior to the expiration or termination of Landlord. this Lease, Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E(a) telephone, computer, and restore other cabling installed in the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Building by Tenant's , (b) Trade Fixtures, and (c) Tenant’s goods, inventory and personal property, and if requested by Landlord, all Alterations and Improvements, and repair any damage caused by such failure continues after removal. If such removal is not completed before the expiration or termination of this Leasethe Term, Landlord may shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the Rent value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant's accountwhich event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such alterations property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and Tenant's personal property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Subsection 21.1 shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Cempra Holdings, LLC)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement DateSublease, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after upon the termination of this Leasethe Sublease or of the Subtenant’s right to possession of the Premises, Landlord may retain or dispose of such property Subtenant will at once surrender and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring deliver up the Premises, together with interest all improvements thereon, to Sublandlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear.” Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment in the Premises. Any of Subtenant’s removable trade fixtures, business equipment, inventory, furniture, and other articles of personal property installed in or on the Premises by Subtenant at its expense, shall remain the property to Subtenant. Subtenant shall surrender to Sublandlord all keys to the Premises and make known to Sublandlord the combination of all combination locks that Subtenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Subtenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant; provided, however, that, to the extent Prime Landlord notifies Subtenant in writing, at the Interest Rate from time Subtenant requests Prime Landlord’s consent to an Alteration, that Prime Landlord will require the removal of such Alteration, Sublandlord shall have the right to require Subtenant to remove such Alterations made by Subtenant, or any portion thereof as designated by Prime Landlord in such written notice. In such event, Subtenant shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Prime Landlord requires removal of any Alteration made by Subtenant, or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Subtenant, or warehouse the same. Subtenant shall pay the costs of such removal, repair, delivery and warehousing on demand. As between Sublandlord and Subtenant, Subtenant shall not be required to remove any Alterations performed by Sublandlord prior to the Commencement Date or to restore the Premises to their condition prior to the making of such Alterations. If, however, the term of the Sublease expires at or about the date of expenditure by Landlord. If the expiration of the Prime Lease, and if Sublandlord is required under or pursuant to the terms of the Prime Lease to remove any Alterations performed prior to the Commencement Date, Subtenant shall permit Sublandlord to enter the Premises are not so surrendered at for a period of sixty (60) days prior to the termination expiration of this Leasethe Sublease, Tenant shall indemnify Landlord against all loss or liabilitysubject to such conditions as Subtenant may reasonably impose, including attorneys' fees for the purpose of removing its Alterations and costs, resulting from delay by Tenant in so surrendering restoring the PremisesPremises as required.

Appears in 1 contract

Samples: Sublease (Amylin Pharmaceuticals Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replacedreplaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordfirm, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed ’s Personal Property and any Alterations that Landlord designates for removal pursuant to Section 5EParagraph 11(a) below (including the Courtyard Improvements, if applicable, but excluding the Tenant Improvements) and any other Alterations that Landlord designates for removal if such Alterations were not approved by Landlord, and restore the Premises to its condition prior to their installationrepair any damage and perform any restoration work caused by such removal. If Tenant fails to remove Tenant’s Personal Property and/or any alterations and/or Tenant's personal propertyAlterations that Tenant is required to remove, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's ’s account. Tenant shall be liable to Landlord for costs of removal of any such alterations Alterations and Tenant's personal property ’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and Landlord’s Agents against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if commercially reasonable standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Samples: Lease Agreement (Silicon Image Inc)

Surrender. Upon Tenant agrees that on the expiration last day of the Term, or earlier on the sooner termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord (a) in its good condition existing as and repair (damage by acts of the Commencement DateGod, fire, and normal wear and tear and damage by fire or other casualty excepted), but with all interior walls repaired if damagedcleaned so they appear painted, all any carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(h). Normal wear and tear shall not include any damage or deterioration to the reasonable satisfaction floors of Landlord. Tenant shall remove the Premises arising from the use of forklifts in, on or about the Premises all (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant's personal property and , or Tenant otherwise performing all of Tenant's alterations required to be removed pursuant to Section 5E, and restore its obligations under this Lease. On or before the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than the Expiration Date, require Tenant at Tenant’s expense to remove any or all Alterations (but not the initial Tenant Improvements constructed and installed pursuant to Exhibit B hereto), and to repair any damage caused by such removal. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may retain or dispose 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 and all rights of Tenant with respect to it shall ceaseproperty; provided, or Landlord may place all or any portion of such property in public storage for Tenant's account. however, that Tenant shall be remain liable to Landlord for all costs incurred in storing and disposing of removal such abandoned property of any such alterations Tenant. All Tenant Improvements and Tenant's personal Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 12 and Paragraph 33(h) below, Tenant shall indemnify continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 36 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the PremisesPremises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Copper Mountain Networks Inc)

Surrender. Upon the expiration Expiration or earlier termination other Termination of this --------- the Lease Term, Tenant shall quit and surrender to Landlord, or Landlord’s successor in interest, the Premises including all Improvements in good condition, except for any reason(a) ordinary wear and tear occurring after the last necessary Maintenance made by Xxxxxx and (b) destruction to the Premises covered by Paragraphs 17.1 and 17.2. Any damage or deterioration of the Premises shall not be deemed ordinary wear and tear if the same could have been prevented by good Maintenance practices. Tenant shall repair any damage to the Premises occasioned by the installation or removal of Tenant’s Personal Property, alterations, furnishings, and equipment. Tenant hereby agrees to execute all documents as Landlord may reasonably deem necessary to evidence any Termination of the Lease Term. If Xxxxxx fails to surrender the Premises to Landlord in its condition existing as on Expiration or Termination of the Commencement DateLease Term as required by this Paragraph, normal wear Tenant shall indemnify, defend and tear hold Landlord harmless from all Damages resulting from Xxxxxx’s failure to surrender the Premises, included but not limited to and damage without limitation, claims made by fire a succeeding tenant resulting from Xxxxxx’s failure to surrender the Premises, and Xxxxxx waives all claims against Landlord for any Damages to Tenant resulting from Xxxxxxxx’s retention or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement disposition of any burned out or broken light bulb or ballastsImprovements, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall ceaseAlterations, or Landlord may place all or any portion of such property in public storage for Tenant's account’s Personal Property. Tenant shall be liable to Landlord for all costs of removal incurred by Landlord for storing, removing, or disposing of any such alterations and Improvements, Alterations, or Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord’s Personal Property. If the Premises are not so surrendered at the termination of this LeaseIn addition, Tenant shall indemnify be liable to Landlord against for any Damages Landlord may sustain as a result of such failure to surrender and shall pay all loss costs and attorney’s fees as may be necessary to evict Tenant. The voluntary or liabilityother surrender of this Lease by Xxxxxx, including attorneys' fees or a mutual cancellation thereon, shall not work a merger, and costsshall, resulting from delay by Tenant in so surrendering at the Premisesoption of Landlord, operate as an assignment to it of any or all subleases or subtenancies.

Appears in 1 contract

Samples: static1.squarespace.com

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