ACCEPTANCE AND SURRENDER OF. PREMISES As of the commencement date, the building shall be water tight, structurally sound and all of the electrical, mechanical, HVAC, plumbing, elevator and other systems serving the Premises shall be in good condition and repair (herein “good condition and repair”). Except as expressly required of Landlord in this Lease, by entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the building and improvements included in the Premises in their present condition and without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Provided Landlord performs its obligation under the first sentence of this Section, Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in “good condition and repair” as defined above, damage by Acts of God, fire, Hazardous Materials (other than Tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease, and normal wear and tear excepted, with all interior walls repaired, if damaged; the special air conditioning equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) together with all alterations, additions and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord at the time of Tenant’s request for Alterations whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration prior to Alteration and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense (damage by Acts of God, fire, Hazardous Materials (other than tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease and normal wear and tear excepted). Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, then except to the extent arising out of the breach of this Lease, negligence or willful misconduct of Landlord, its respective agents, employees, contractors or invitees, Tenant shall indemnify Landlord against loss or 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 voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease 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. Except as expressly set forth in this Lease, TENANT AGREES TO LEASE THE PREMISES IN AN “AS IS” CONDITION, and any other alteration or modifications to the Premises shall be made in accordance with Paragraphs 8 & 9 of the Lease and shall not delay the commencement of the Lease nor delay the payment of rent and all such modifications shall be at Tenant’s sole cost and expense. Notwithstanding anything in this Lease to the contrary, Tenant shall not be responsible to pay for the repair of the building due to lack of compliance to any applicable law, as of the commencement date. Notwithstanding anything herein to the contrary, Landlord at Landlord’s sole cost and expense agrees to perform the following Improvements as indicated below:
Appears in 1 contract
ACCEPTANCE AND SURRENDER OF. PREMISES As of the commencement date, the building shall be water tight, structurally sound Subject to Paragraph 53 and all of the electrical, mechanical, HVAC, plumbing, elevator and other systems serving the Premises shall be in good condition and repair (herein “good condition and repair”). Except as expressly required of Landlord in this Lease, by entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the building and improvements included in the Premises in their present condition and without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereofthereat. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Provided Landlord performs its obligation under the first sentence of this Section, Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in “good condition and repair” as defined above, repair (damage by Acts of God, fire, Hazardous Materials (other than Tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease, and normal wear and tear excepted), with all interior walls repairedpainted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; all floors cleaned and waxed; all carpets cleaned and shampooed; the special air conditioning airconditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord at within thirty (30) days before the time end of Tenant’s request for Alterations the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration prior as when the Premises were delivered to Alteration Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s Tenants sole cost and expense (damage by Acts of God, fire, Hazardous Materials (other than tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease and normal wear and tear excepted)expense. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal at Tenant’s 's sole cost. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, then except to the extent arising out of the breach of this Lease, negligence or willful misconduct of Landlord, its respective agents, employees, contractors or invitees, Tenant shall indemnify Landlord against loss or 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 voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease 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 landlord of all or any such subleases or subtenancies. Except as expressly set forth in this Lease, TENANT AGREES TO LEASE THE PREMISES IN AN “AS IS” CONDITION, and any other alteration or modifications to the Premises shall be made in accordance with Paragraphs 8 & 9 of the Lease and shall not delay the commencement of the Lease nor delay the payment of rent and all such modifications shall be at Tenant’s sole cost and expense. Notwithstanding anything in this Lease to the contrary, Tenant shall not be responsible to pay for the repair of the building due to lack of compliance to any applicable law, as of the commencement date. Notwithstanding anything herein to the contrary, Landlord at Landlord’s sole cost and expense agrees to perform the following Improvements as indicated below:.
Appears in 1 contract
Samples: Lease Agreement (Transmeta Corp)
ACCEPTANCE AND SURRENDER OF. PREMISES As of the commencement dateSubject to Paragraphs 45 and 46, the building shall be water tight, structurally sound and all of the electrical, mechanical, HVAC, plumbing, elevator and other systems serving the Premises shall be in good condition and repair (herein “good condition and repair”). Except as expressly required of Landlord in this Lease, by entry hereunderupon Lease Commencement, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the building and improvements included in the Premises in their present condition and without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Provided Landlord performs its obligation under the first sentence of this Section, Tenant agrees on the 11 last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in “good condition and repair” as defined above, repair (damage by Acts of God, fire, Hazardous Materials (other than Tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease, and normal wear and tear excepted), with all interior walls repairedpainted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; all floors cleaned and waxed; all carpets cleaned and shampooed; the special air conditioning airconditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord at within thirty (30) days before the time end of Tenant’s request for Alterations the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration prior as when the Premises were delivered to Alteration Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense (damage by Acts of God, fire, Hazardous Materials (other than tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease and normal wear and tear excepted)expense. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal at Tenant’s 's sole cost. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, then except to the extent arising out of the breach of this Lease, negligence or willful misconduct of Landlord, its respective agents, employees, contractors or invitees, . Tenant shall indemnify Landlord against loss or 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 voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease 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. Except as expressly set forth in this Lease, TENANT AGREES TO LEASE THE PREMISES IN AN “AS IS” CONDITION, and any other alteration or modifications to the Premises shall be made in accordance with Paragraphs 8 & 9 of the Lease and shall not delay the commencement of the Lease nor delay the payment of rent and all such modifications shall be at Tenant’s sole cost and expense. Notwithstanding anything in this Lease to the contrary, Tenant shall not be responsible to pay for the repair of the building due to lack of compliance to any applicable law, as of the commencement date. Notwithstanding anything herein to the contrary, Landlord at Landlord’s sole cost and expense agrees to perform the following Improvements as indicated below:.
Appears in 1 contract
Samples: Accelgraphics Inc
ACCEPTANCE AND SURRENDER OF. PREMISES As of the commencement date, the building shall be water tight, structurally sound and all of the electrical, mechanical, HVAC, plumbing, elevator and other systems serving the Premises shall be in good condition and repair (herein “good condition and repair”). Except as expressly required of Landlord in this Lease, by Be entry hereunder, hereunder Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the building and improvements included in the Premises in their present condition and without representation or warranty by Landlord as to the condition of such building or as to the use or of occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Provided Landlord performs its obligation under the first sentence of this Section, Tenant agrees on the last day of the Lease term, term or on the sooner termination of this Lease, to . To surrender the Premises promptly and peaceably ocaceably to Landlord in “good condition and repair” as defined above, repair (damage by Acts of God, fire, Hazardous Materials (fire and other than Tenant’s Hazardous Materials), repairs that are Landlord’s responsibility causes for which Tenant does not have the obligation to repair under the other provisions of this Lease, and normal wear and tear excepted), with all interior walls repairedpainted, or cleaned so that they appear freshly painted, and repainted, and repaired or replaced, if damaged; all floors cleaned and waved; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling files replaced; all windows washed; the special air conditioning equipment and heating systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or ballast; the term lawn and shrubs in good condition including the replacement of this Lease) any dead or damaged plantings; the sidewalk, driveways and parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord at within thirty (30) days before the time end the term of Tenant’s request for Alterations this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration prior as when the Premises were delivered to Alteration Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense (damage by Acts of Godexpense. Notwithstanding the above, fire, Hazardous Materials (other than tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under Tenant shall not be required to remove such interior improvements shown on Exhibit B to this Lease and normal wear and tear excepted)Lease. Tenant, Tenant on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade trace fixtures from the Premises, and all property not so removed on or before on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal at Tenant’s 's sole cost. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, then except to the extent arising out of the breach of this Lease, negligence or willful misconduct of Landlord, its respective agents, employees, contractors or invitees, . Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant successful 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 given by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and, at . all the option of Landlord, shall either terminate all or any existing subleases or subtenancies subleases or operate as an assignment to Landlord of all or any such subleases or subtenancies. Except as expressly set forth in this Lease, TENANT AGREES TO LEASE THE PREMISES IN AN “AS IS” CONDITION, and any other alteration or modifications to the Premises shall be made in accordance with Paragraphs 8 & 9 of the Lease and shall not delay the commencement of the Lease nor delay the payment of rent and all such modifications shall be at Tenant’s sole cost and expense. Notwithstanding anything in this Lease to the contrary, Tenant shall not be responsible to pay for the repair of the building due to lack of compliance to any applicable law, as of the commencement date. Notwithstanding anything herein to the contrary, Landlord at Landlord’s sole cost and expense agrees to perform the following Improvements as indicated below:.
Appears in 1 contract
Samples: Lease Agreement (Abgenix Inc)
ACCEPTANCE AND SURRENDER OF. PREMISES As of the commencement date, the building shall be water tight, structurally sound and all of the electrical, mechanical, HVAC, plumbing, elevator and other systems serving the Premises shall be in good condition and repair (herein “good condition and repair”). Except as expressly required of Landlord in this Leaseprovided herein, by entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the building Building and improvements included in the Premises in their present condition and without representation or warranty by Landlord as to the condition of such building Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Provided Notwithstanding anything to the contrary in this Lease, Landlord, to the best of Landlord’s knowledge on the Commencement Date represents that (a) the Premises in all material aspects comply with all laws, codes, ordinances and other governmental requirements then applicable to the Premises (b) the Premises are structurally sound and water tight, (c) the Premises, including the improvements and equipment (including the roof, HVAC, plumbing, electrical, lighting, mechanical and life safety systems) therein, are in good working order, condition, and repair, and (d) the Premises are free of contamination by any petroleum, asbestos, PCB’s, or radioactive materials or any other hazardous or toxic substances then regulated by any applicable local, state, or federal law (Tenant represents that it is aware that Hazardous Materials have been found in the groundwater in the area in which the Complex is located and that Landlord performs has previously remediated soil contamination from a previous tenant of the Complex and that, while not accepting responsibility for any contamination preceding Tenant’s occupancy, Tenant has conducted any investigations it deems necessary relative to Hazardous Materials). In the event of any breach of any of the foregoing warranties, Landlord shall promptly rectify the same at its obligation under sole cost and expense. Tenant shall have until sixty (60) days after its occupancy of the first sentence Premises for the purpose of this Sectionconducting its normal business activities to notify Landlord of any breach of the representations in (a), (b) , and (c) above. There shall be no time limit on Tenant’s notification of Landlord as to a breach of the representation set forth in (d) above. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in “good condition and repair” as defined aboverepair (casualty not caused by or contributed to by Tenant, damage by Acts condemnation, maintenance obligations of God, fire, Hazardous Materials (other than Tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease, and Landlord or normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired, if damaged; all floors cleaned and waxed; all carpets cleaned and shampooed; the special air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) together with all alterations, additions and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord at the time of Tenantit makes an alteration (or at the time it requests Landlord’s request for Alterations consent to an alteration, if such consent is required under Section 9) whether Landlord desires to have such alteration removed and the Premises or any part or parts thereof restored to their condition damage caused by such alteration and configuration prior to Alteration removal repaired and if Landlord shall so desire, then Tenant shall restore said Premises or remove such part or parts thereof alteration and make such repairs before the end of this Lease at Tenant’s sole cost and expense (damage by Acts of God, fire, Hazardous Materials (other than tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease and normal wear and tear excepted)expense. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, then except to the extent arising out of the breach of this Lease, negligence or willful misconduct of Landlord, its respective agents, employees, contractors or invitees, Tenant shall indemnify Landlord against loss or 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 voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease 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. Except as expressly set forth in this Lease, TENANT AGREES TO LEASE THE PREMISES IN AN “AS IS” CONDITION, and any other alteration or modifications to the Premises shall be made in accordance with Paragraphs 8 & 9 of the Lease and shall not delay the commencement of the Lease nor delay the payment of rent and all such modifications shall be at Tenant’s sole cost and expense. Notwithstanding anything in this Lease to the contrary, Tenant shall not be responsible to pay for the repair of the building due to lack of compliance to any applicable law, as of the commencement date. Notwithstanding anything herein to the contrary, Landlord at Landlord’s sole cost and expense agrees to perform the following Improvements as indicated below:.
Appears in 1 contract
Samples: Lease Agreement (Danger Inc)
ACCEPTANCE AND SURRENDER OF. PREMISES As of the commencement date, the building Landlord shall be water tight, structurally sound and all of the electrical, mechanical, HVAC, plumbing, elevator and other systems serving deliver the Premises to Tenant, and Tenant shall be in good condition and repair (herein “good condition and repair”). Except as expressly required of Landlord in this Lease, by entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts accept the building and improvements included in the Premises in their present condition as of the date of this Lease, normal wear and tear excepted, without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Provided Landlord performs its obligation under the first sentence of this Section, Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in “good condition and repair” as defined above, repair (damage by Acts of God, fire, Hazardous Materials (other than Tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease, and normal wear and tear excepted), with all interior walls repairedpainted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; all floors cleaned and waxed; all carpets cleaned and shampooed; the special air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) together with all alterations, additions and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord at within thirty (30) days before the time end of Tenant’s request for Alterations the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration prior as when the Premises were delivered to Alteration Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense (damage by Acts of God, fire, Hazardous Materials (other than tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease and normal wear and tear excepted)expense. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal at Tenant’s 's sole cost. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, then except to the extent arising out of the breach of this Lease, negligence or willful misconduct of Landlord, its respective agents, employees, contractors or invitees, Tenant shall indemnify Landlord against loss or 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 voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease 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. Except as expressly set forth in this Lease, TENANT AGREES TO LEASE THE PREMISES IN AN “AS IS” CONDITION, and any other alteration or modifications to the Premises shall be made in accordance with Paragraphs 8 & 9 of the Lease and shall not delay the commencement of the Lease nor delay the payment of rent and all such modifications shall be at Tenant’s sole cost and expense. Notwithstanding anything in this Lease to the contrary, Tenant shall not be responsible to pay for the repair of the building due to lack of compliance to any applicable law, as of the commencement date. Notwithstanding anything herein to the contrary, Landlord at Landlord’s sole cost and expense agrees to perform the following Improvements as indicated below:.
Appears in 1 contract
ACCEPTANCE AND SURRENDER OF. PREMISES As of the commencement date, the building shall be water tight, structurally sound and all of the electrical, mechanical, HVAC, plumbing, elevator and other systems serving the Premises shall be in good condition and repair (herein “good condition and repair”). Except as expressly required of Landlord in this Lease, by By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the building and improvements included in the Premises in their present condition and without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereofcondition. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Provided Landlord performs shall provide Tenant and its obligation under employees access to the first sentence of this SectionPremises and Building twenty-four (24) hours per day, seven (7) days a week via key or card key access. Landlord shall provide after-hours access via Building security cards or comparable passkeys. The Complex has not been inspected by a Certified Access Specialist. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in “the same good condition and repair” as defined above, repair (damage by Acts of God, fire, Hazardous Materials (other than Tenant’s Hazardous Materials), repairs that are Landlord’s responsibility under this Lease, and fire or normal wear and tear excepted), with all interior walls painted or repaired, if damagedcleaned and paint ready; the special air conditioning equipment serviced by a reputable all floors cleaned and licensed service firm waxed; all carpets cleaned and in good operating condition (provided the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) together with shampooed; all alterations, additions and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that subject to Paragraph 9 Landlord shall notify Tenant shall ascertain from Landlord at within thirty (30) days before the time end of Tenant’s request for Alterations the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration prior as when the Premises were delivered to Alteration Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense (damage by Acts expense. Tenant, on or before the end of Godthe term or sooner termination of this Lease, fireshall remove all of Tenant’s personal property, Hazardous Materials (other than tenant’s Hazardous Materials)furniture, repairs that are trade fixtures and equipment, including telecommunications wiring and cabling from the Premises. Tenant shall patch and refinish, to Landlord’s responsibility under this Lease reasonable satisfaction, all floor, wall or ceiling penetrations within the Premises (except for nail holes used to hang pictures and normal wear and tear exceptedartwork on the walls). Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, then except to the extent arising out of the breach of this Lease, negligence or willful misconduct of Landlord, its respective agents, employees, contractors or invitees, Tenant shall indemnify Landlord against loss or 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 voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease 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. To the best of Landlord’s knowledge without a duty to inspect, the Premises and Building are in good and sanitary order, condition and repair. Except as expressly set forth in this Leaseherein, TENANT AGREES TO LEASE THE PREMISES IN AN “AS IS” CONDITION, and any other alteration or modifications to the Premises shall be made in accordance with Paragraphs 8 & 9 of the Lease and and, except as set forth herein, shall not delay the commencement of the Lease nor delay the payment of rent and all such modifications shall be at Tenant’s sole cost and expense. Notwithstanding anything in this Lease to the contrary, Tenant shall not be responsible to pay for the repair of the building due to lack of compliance to any applicable law, as of the commencement date. Notwithstanding anything herein to the contrary, Landlord at Landlord’s sole cost and expense agrees to perform the following Improvements “Tenant Improvements” as indicated belowbelow and Tenant shall not be required to remove such Tenant Improvements:
Appears in 1 contract
Samples: Lease Agreement (Coupa Software Inc)
