Common use of ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER Clause in Contracts

ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER. Tenant agrees on Expiration Date, or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair, reasonable wear and tear, actions of Landlord or Landlord's Parties, or damage due to casualty excepted. "Good Condition" shall mean that the interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and carpeting will be cleaned and free of any major defacements. Tenant on or before the Expiration Date or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. Tenant shall ascertain from Landlord at the time Tenant desires to make any Alteration (including Permitted Alterations), whether Landlord desires to have such Alteration removed at the Expiration Date or to cause Tenant to surrender the Alteration to Landlord. If Landlord so notifies Tenant in writing within fifteen (15) days after Tenant's notice to Landlord that Tenant intends to alter the Building, then Tenant shall remove such Alteration, as Landlord may require in such written notice, and shall repair and restore said Building or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. If Landlord has not provided Tenant with such written notice within said fifteen (15) day period, then Tenant shall have no obligation to remove such Alteration from the Premises upon the Expiration Date or earlier termination of this Lease. Notwithstanding the terms of this Article 8, Tenant shall not have an obligation to remove any Tenant Improvements installed prior to the first anniversary of the Commencement Date from the Premises at any time.

ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER. Tenant agrees on Expiration Date, or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair, reasonable wear and tear, actions of Landlord or Landlord's ’s Parties, or damage due to casualty excepted. "“Good Condition" ” shall mean that the interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and carpeting will be cleaned and free of any major defacements. Tenant on or before the Expiration Date or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. Tenant shall ascertain from Landlord at the time Tenant desires to make any Alteration (including Permitted Alterations), whether Landlord desires to have such Alteration removed at the Expiration Date or to cause Tenant to surrender the Alteration to Landlord. If Landlord so notifies Tenant in writing within fifteen (15) days after Tenant's ’s notice to Landlord that Tenant intends to alter the Building, then Tenant shall remove such Alteration, as Landlord may require in such written notice, and shall repair and restore said Building or such part or parts thereof before the Expiration Date at Tenant's ’s sole cost and expense. If Landlord has not provided Tenant with such written notice within said fifteen (15) day days period, then Tenant shall have no obligation to remove such Alteration from the Premises upon the Expiration Date or earlier termination of this Lease. Notwithstanding the terms of this Article 8, Tenant shall not have an obligation to remove any Tenant Improvements installed prior to the first anniversary of the Commencement Date from the Premises at any time.

ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER. Prior to September 1, 1994, Tenant shall complete an inspection of the building mechanical and operating systems by contractors selected by Landlord and Tenant. Landlord shall, at Landlord's sole cost and expense, perform any repair work identified in such inspection reports to ensure that the Premises are in good operating condition and repair prior to the Commencement Date. At the conclusion of such work, Tenant shall accept the Premises as being in good and sanitory order, condition and repair and accepts the Premises and the other improvements in their present condition. Tenant further agrees on Expiration Date, or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair, reasonable wear and tear, actions of Landlord or Landlord's Parties, or damage due to casualty tear excepted. "Good Conditioncondition" shall mean that the interior walls of all office and warehouse areaswalls, the floors of all office and warehouse areasfloors, all suspended ceilings ceilings, and carpeting within the Premises will be cleaned to the same condition as existed at the commencement of the Lease, reasonable wear and free tear excepted. "Reasonable wear and tear" shall mean normal wear of the Premises expected over the duration of the Lease Term on, including but not limited to, the carpeting, walls, ceiling tiles, fixtures and operating systems and equipment. Tenant shall ascertain from Landlord within thirty (30) days before the Expiration Date whether Landlord desires to have the Premises or any major defacementspart or parts thereof restored to their condition as of the Commencement Date or to cause Tenant to surrender all Alterations in place to Landlord. If Landlord shall so desire, then Tenant shall remove such Alterations as Landlord may require and shall repair and restore said Premises or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. Tenant on or before the Expiration Date or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. Tenant shall ascertain from Landlord at If the time Tenant desires to make any Alteration (including Permitted Alterations), whether Landlord desires to have such Alteration removed Premises are not surrendered at the Expiration Date or to cause Tenant to surrender the Alteration to Landlord. If Landlord so notifies Tenant in writing within fifteen (15) days after Tenant's notice to Landlord that Tenant intends to alter the Building, then Tenant shall remove such Alteration, as Landlord may require in such written notice, and shall repair and restore said Building or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. If Landlord has not provided Tenant with such written notice within said fifteen (15) day period, then Tenant shall have no obligation to remove such Alteration from the Premises upon the Expiration Date or earlier sooner termination of this Lease. Notwithstanding Lease in the terms of condition required by this Article 8paragraph, Tenant shall not have an obligation to remove any indemnify, defend, and hold harmless Landlord against loss or liability resulting from delay by Tenant Improvements installed prior to the first anniversary of the Commencement Date from in so surrendering the Premises at including, without limitation, any timeclaims made by any succeeding tenant founded on such delay.

ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the Building and the other improvements in their present condition, except for Tenant's "punch list" of incomplete and/or improper work, which Tenant shall submit to Landlord within thirty (30) days after Landlord notifies Tenant that the Premises are ready for occupancy. The Tenant agrees on Expiration Date, or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair, reasonable wear and tear, actions of Landlord or Landlord's Parties, or damage due to casualty tear excepted. "Good Conditioncondition" shall mean that the interior walls of all office and warehouse areaswalls, the floors of all office and warehouse areasfloors, all suspended ceilings ceilings, and carpeting within the Premises will be cleaned to the same condition as existed at the commencement of the Lease, reasonable wear and free tear excepted. Tenant agrees, at its sole cost, to remove all phone and data cabling from the suspended ceiling and repair or replace broken ceiling tiles, and re-level the ceiling, if required, so as to be as level as when Tenant took possession of the Premises. Tenant shall ascertain from Landlord within thirty (30) days before the Expiration Date whether Landlord desires to have the Premises or any major defacementspart or parts thereof restored to their condition as of the Commencement Date or to cause Tenant to surrender all Alterations (as defined in Paragraph 10) in place to Landlord. If Landlord shall so desire and has previously notified Tenant at the time the Alterations were made, then Tenant shall remove such Alterations as Landlord may require and shall repair and restore said Premises or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. Tenant on or before the Expiration Date or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. Tenant shall ascertain from Landlord at If the time Tenant desires to make any Alteration (including Permitted Alterations), whether Landlord desires to have such Alteration removed Premises are not surrendered at the Expiration Date or to cause Tenant to surrender the Alteration to Landlord. If Landlord so notifies Tenant in writing within fifteen (15) days after Tenant's notice to Landlord that Tenant intends to alter the Building, then Tenant shall remove such Alteration, as Landlord may require in such written notice, and shall repair and restore said Building or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. If Landlord has not provided Tenant with such written notice within said fifteen (15) day period, then Tenant shall have no obligation to remove such Alteration from the Premises upon the Expiration Date or earlier sooner termination of this Lease. Notwithstanding Lease in the terms of condition required by this Article 8paragraph, Tenant shall not have an obligation to remove any indemnify, defend, and hold harmless Landlord against loss or liability resulting from delay by Tenant Improvements installed prior to the first anniversary of the Commencement Date from in so surrendering the Premises at including, without limitation, any timeclaims made by any succeeding tenant founded on such delay.

ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair and accepts the Building and the other improvements in their present condition, except for the "punch list" as set forth on Exhibit "F", attached hereto. The Tenant agrees on Expiration Datethe last day of the term hereof, or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair, reasonable wear and tear, actions of Landlord or Landlord's Parties, or damage due to casualty tear excepted. "Good Conditioncondition" shall mean that the interior walls of all office and warehouse areaswalls, the floors of all office and warehouse areasfloors, all suspended ceilings ceilings, and carpeting within the Premises will be cleaned to the same condition as existed at the commencement of the Lease, normal wear and free tear excepted. Tenant agrees to remove all phone and data cabling from the suspended ceiling and repair any damage to the ceiling caused by such cabling. Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any major defacementspart or parts thereof restored to their condition as of the commencement of this Lease or to cause Tenant to surrender all post-commencement alterations, additions, and improvements in place to Landlord. If Landlord shall so desire, then Tenant shall remove such post-commencement alterations, additions, and improvements as Landlord may require and shall repair and restore said Premises or such part or parts thereof before the termination of this Lease at Tenant's sole cost and expense. Tenant on or before the Expiration Date end of the term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. Tenant shall ascertain from Landlord If the Premises are not surrendered at the time Tenant desires to make any Alteration (including Permitted Alterations), whether Landlord desires to have such Alteration removed at end of the Expiration Date term or to cause Tenant to surrender the Alteration to Landlord. If Landlord so notifies Tenant in writing within fifteen (15) days after Tenant's notice to Landlord that Tenant intends to alter the Building, then Tenant shall remove such Alteration, as Landlord may require in such written notice, and shall repair and restore said Building or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. If Landlord has not provided Tenant with such written notice within said fifteen (15) day period, then Tenant shall have no obligation to remove such Alteration from the Premises upon the Expiration Date or earlier sooner termination of this Lease. Notwithstanding the terms of this Article 8, Tenant shall not have an obligation to remove any indemnify Landlord against loss or liability resulting from delay by Tenant Improvements installed prior to the first anniversary of the Commencement Date from in so surrendering the Premises at including, without limitation, any timeclaims made by any succeeding tenant founded on such delay.

ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER. On the Commencement Date, Tenant shall accept the Premises as being in good and sanitary order, condition and repair and accepts the Premises and the other improvements in their present condition. Tenant further agrees on Expiration Date, or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair, reasonable wear and tear, actions of Landlord or Landlord's Parties, or damage due to casualty tear excepted. "Good Conditioncondition" shall mean that the interior walls of all office and warehouse areaswalls, the floors of all office and warehouse areasfloors, all suspended ceilings ceilings, and carpeting within the Premises will be cleaned to the same condition as existed at the commencement of the Lease, normal wear and free tear excepted. Tenant agrees, at its sole cost, to remove all of any major defacementsTenant's phone and data cabling from the suspended ceiling and repair or replace broken ceiling tiles, and relevel the ceiling if required. Tenant on or before the Expiration Date or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. Tenant shall ascertain from Landlord at the time Tenant desires to make any Alteration (including Permitted Alterations), whether Landlord desires to have such Alteration removed at the Expiration Date or to cause Tenant to surrender the Alteration to Landlord. If Landlord shall so notifies desire and has notified Tenant in writing within fifteen (15) days after Tenant's notice pursuant to Landlord that Tenant intends to alter the BuildingLease paragraph 10 below, then Tenant shall remove such Alteration, Alterations as Landlord may require in such written notice, and shall repair and restore said Building Premises or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. If Landlord has not provided Tenant with such written notice within said fifteen (15) day period, then Tenant Such repair and restoration shall have no obligation to remove such Alteration from include causing the Premises upon to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to extent such compliance is necessitated by the repair and restoration work. If the Premises are not surrendered at the Expiration Date or earlier sooner termination of this Lease. Notwithstanding Lease in the terms of condition required by this Article 8paragraph, Tenant shall not have an obligation to remove any indemnify, defend, and hold harmless Landlord against loss or liability resulting from delay by Tenant Improvements installed prior to the first anniversary of the Commencement Date from in so surrendering the Premises at including, without limitation, any timeclaims made by any succeeding tenant founded on such delay.

ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER. On the date Landlord tenders possession for the commencement of the Early Access Period, Landlord shall deliver the keys to the Premises to Tenant and Tenant shall accept possession from Landlord. Landlord shall reimburse Tenant for the costs incurred by Tenant to put the HVAC system in good condition and repair, as detailed in an inspection report to be issued by Therma Mechanical within 150 days prior to the Commencement Date. During the first year of the Lease Term, Tenant intends to make certain modifications (“Initial Improvements”) to the Premises. Tenant shall comply with the provisions of Lease paragraph 9 in its construction of the Initial Improvements. The Tenant agrees on the Expiration Date, or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair, reasonable wear and tear, actions of Landlord or Landlord's Parties, or damage due to casualty tear excepted. "“Good Condition" condition” shall mean that the interior walls of all office and warehouse areaswalls, the floors of all office and warehouse areasfloors, all suspended ceilings ceilings, and carpeting within the Premises will be cleaned to the same condition as existed at completion of the Initial Improvements, normal wear and free of any major defacementstear excepted. Tenant on or before the Expiration Date or sooner termination of this Leaseagrees, shall at its sole cost, to remove all its personal property phone and trade fixtures data cabling installed by Tenant from the Premisessuspended ceiling and repair or replace broken ceiling tiles, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. Tenant shall ascertain from Landlord at relevel the time Tenant desires to make any Alteration (including Permitted Alterations)ceiling if required, whether Landlord desires to have such Alteration removed at the Expiration Date or to cause Tenant to surrender the Alteration to Landlord. If Landlord so notifies Tenant in writing within fifteen (15) days after Tenant's notice to Landlord that Tenant intends to alter the Building, then Tenant shall remove such Alteration, as Landlord may require in such written notice, and shall repair and restore said Building or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. If Landlord has not provided Tenant with such written notice within said fifteen (15) day period, then but otherwise Tenant shall have no obligation to remove such Alteration the Initial Improvements. Tenant shall ascertain from the Premises upon Landlord within thirty (30) days before the Expiration Date whether Landlord desires to have the Premises or earlier termination of this Lease. Notwithstanding the terms of this Article 8, Tenant shall not have an obligation any part or parts thereof restored to remove any Tenant Improvements installed prior to the first anniversary their condition as of the Commencement Date from completion of the Premises at any time.Initial Improvements or to cause Tenant to surrender all Alterations in place to

ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER. On the Commencement Date, Landlord shall deliver and Tenant shall accept the Premises as being in good and sanitary order, condition and repair, subject to Landlord's completion of the punchlist items and subject to latent defects. Tenant agrees on Expiration Date, or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair, reasonable wear and tear, actions of Landlord or Landlord's Parties, or damage due to casualty tear excepted. "Good Conditioncondition" shall mean that the interior walls of all office and warehouse areaswalls, the floors of all office and warehouse areasfloors, all suspended ceilings ceilings, and carpeting within the Premises will be cleaned to the same condition as existed at the Commencement Date, normal wear and free tear excepted. Tenant agrees, at its sole cost, to remove any data cabling lying on the suspended ceiling at Landlord's request, and to relevel the ceiling if required due to the cabling lying on the suspended ceiling upon the Expiration Date, or on the sooner termination of any major defacementsthis Lease. Tenant on or before the Expiration Date or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. Tenant shall ascertain from Landlord at within thirty (30) days before the time Tenant desires to make any Alteration (including Permitted Alterations), Expiration Date whether Landlord desires to have such Alteration removed the Premises or any part or parts thereof restored to their condition as of the Commencement Date. With respect to Alterations, Landlord shall notify Tenant at the Expiration Date time Landlord gives approval for any Alterations whether or to cause not Landlord will require Tenant to surrender the Alteration to Landlordremove said Alterations at Lease expiration. If Landlord so notifies has informed Tenant in writing within fifteen (15) days after Tenant's notice to that Landlord that Tenant intends to alter the Buildingrequires removal of an Alteration, then Tenant shall remove such Alteration, as Landlord may require in such written notice, Alteration and shall repair and restore said Building Premises or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. If Landlord has not provided Tenant with such written notice within said fifteen (15) day period, then Tenant Such repair and restoration shall have no obligation to remove such Alteration from include causing the Premises upon to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to extent such compliance is necessitated by the repair and restoration work. If the Premises are not surrendered at the Expiration Date (as may be extended) or earlier sooner termination of this Lease. Notwithstanding Lease in the terms of condition required by this Article 8, (i) Tenant shall not have an obligation be deemed a holdover Tenant pursuant to remove any Article 34, and (ii) Tenant Improvements installed prior to the first anniversary of the Commencement Date shall indemnify, defend, and hold harmless Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises at including, without limitation, any timeclaims made by any succeeding tenant founded on such delay.

ACCEPTANCE OF POSSESSION AND COVENANTS TO SURRENDER. Tenant On the Commencement Date, Sublandlord shall deliver and Subtenant shall accept the Initial Sublease Premises as being in good and sanitary order, condition and repair, subject to Sublandlord's completion of Sublandlord's Work and subject to latent defects. Sublandlord shall ensure that the Sublease Premises and any equipment and building systems serving the Sublease Premises have been properly decontaminated in accordance with all applicable Environmental Requirements prior to the Commencement Date. Subtenant agrees on Expiration Date, or on the sooner termination of this LeaseSublease, to surrender the Sublease Premises to Landlord Sublandlord in good condition and repair, reasonable wear and tear, actions of Landlord or Landlord's Parties, or damage due to casualty tear excepted. "Good Conditioncondition" shall mean that the interior walls of all office and warehouse areaswalls, the floors of all office and warehouse areasfloors, all suspended ceilings and carpeting within the Sublease Premises will be cleaned to the same condition as existed at the Commencement Date, normal wear and free of tear excepted. Subtenant shall not be required to remove any major defacementsTenant Improvements or other Alterations installed by Subtenant which were approved by Sublandlord. Tenant Subtenant on or before the Expiration Date or sooner termination of this LeaseSublease, shall remove all its personal property and trade fixtures from the Sublease Premises, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. Tenant shall ascertain from Landlord at the time Tenant desires to make any Alteration (including Permitted Alterations), whether Landlord desires to have such Alteration removed at the Expiration Date or to cause Tenant to surrender the Alteration to Landlord. If Landlord so notifies Tenant in writing within fifteen (15) days after Tenant's notice to Landlord that Tenant intends to alter the Building, then Tenant shall remove such Alteration, as Landlord may require in such written notice, and shall repair and restore said Building or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. If Landlord has not provided Tenant with such written notice within said fifteen (15) day period, then Tenant shall have no obligation to remove such Alteration from the Premises upon the Expiration Date or earlier termination of this Lease. Notwithstanding the terms of this Article 8, Tenant shall not have an obligation to remove any Tenant Improvements installed prior to the first anniversary of the Commencement Date from the Premises at any timeSubtenant.