Common use of Acceptance of the Premises and Covenant to Surrender Clause in Contracts

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, and repair, and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, subject to items identified by Lessee in one final punch list submitted to Lessor within thirty (30) days of occupancy, which items Lessor shall promptly correct. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancy. Lessee, on or before the 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 not so removed shall be deemed abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleaned, and any damaged doors replaced, if necessary to restore the Premises to its original condition, normal wear and tear excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 3 contracts

Samples: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)

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Acceptance of the Premises and Covenant to Surrender. By Except as otherwise set forth herein, by entry and taking ---------------------------------------------------- possession of the Premises pursuant to this LeaseAgreement, Lessee Tenant accepts the Premises as being in good and sanitary order, condition, condition and repair, and accepts the Improvements included in the Premises in their condition existing as of the date of such entryentry and without representation or warranty by Landlord as to the condition of the Premises, and Lessee further accepts any tenant improvements or as to the use or occupancy which may be constructed by Lessormade thereof. Tenant agrees, if any, as being completed in accordance with the plans and specifications for such improvements, subject to items identified by Lessee in one final punch list submitted to Lessor within thirty (30) days of occupancy, which items Lessor shall promptly correct. Lessee agrees on the last day of the term Term hereof, or on any sooner termination of this LeaseAgreement, to surrender the Premises, together with all alterations, additions, additions and improvements which may have been made in, to, to or on the Premises by Lessor Landlord or LesseeTenant and which Tenant is not permitted by this Agreement to remove, unto Lessor to Landlord, broom clean with carpets steam cleaned, free of debris and Tenant’s property, in good and sanitary order, condition, and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancyRequired Maintenance Condition. LesseeTenant, on or before the end of the term Term of this Agreement or on any sooner termination of this LeaseAgreement, shall remove all its personal property and trade fixtures from the Premises, and repair any damage occasioned by the removal of its trade fixtures, personal property, alterations or additions and decommission the Premises in accordance with Paragraph 5. Any and all property not so removed shall be deemed to be abandoned by LesseeTenant and title to the same shall thereupon pass to Landlord without compensation to Tenant. Lessee further agrees that at the end of the term or sooner Landlord may, upon termination of this LeaseAgreement, Lesseeremove, store and/or after ten (10) business days prior written notice to Tenant, may sell all moveable personal property and trade fixtures so abandoned by Tenant, at its Tenant’s sole expense, shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleanedcost, and repair any damaged doors replaceddamage caused by such removal at Tenant’s sole cost, if necessary to restore and Tenant waives the Premises to its original condition, normal wear and tear exceptedrequirements of Sections 1993-1993.09 of the California Civil Code. If the Premises are not so surrendered at the end of the term Term or sooner termination of this LeaseAgreement, Lessee then Tenant shall indemnify Lessor against be liable to Landlord for any loss or liability resulting from the delay by Lessee Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises or otherwise, shall be deemed to be or to constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and such acceptance of any surrender by Tenant shall only be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary or other surrender of the Premises by Tenant or a mutual cancellation of this Agreement shall not work as a merger. However, any termination of this Agreement shall also terminate all existing subleases. After the expiration or earlier termination of this Agreement, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Agreement from the Property.

Appears in 3 contracts

Samples: 953 Sublease Agreement (Eidos Therapeutics, Inc.), Sublease Agreement, 953 Sublease Agreement (Eidos Therapeutics, Inc.)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee upon Substantial Completion of the Improvements, Tenant, subject to Landlord's obligation to correct so-called "punch list" items, as provided in Paragraph 6, above, accepts the Premises as being in good and sanitary order, condition, condition and repair, and accepts the Building and the Improvements included in the Premises in their condition existing as of the date of such entryentry and without representation or warranty by Landlord as to the condition of the Building or the Premises, and Lessee or as to the use or occupancy which may be made thereof. Tenant further accepts any tenant improvements Improvements to be constructed by Lessor, if any, Landlord as being completed in accordance with the plans and specifications Final Plans for such improvementsImprovements, subject to except for items identified by Lessee specified in one final writing as punch list submitted items pursuant to Lessor within thirty (30) days of occupancyParagraph 6. Tenant agrees, which items Lessor shall promptly correct. Lessee agrees on the last day of the term hereof, or on any sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, additions and improvements which may have been made in, to, to or on the Premises by Lessor Landlord or LesseeTenant, unto Lessor to Landlord, broom clean, in good and sanitary order, condition, condition and repair, excepting except for damage due to casualty, acts of the Landlord or its agents, employees or contractors and such wear and tear as would be normal for the period of the LesseeTenant's occupancy. LesseeTenant further agrees that at the end of the term of this Lease or upon any sooner termination of this Lease, Tenant, at its sole expense, shall have all the floors in the Premises cleaned and waxed, the interior walls and columns patched and repainted as necessary, any damaged ceiling tile replaced, light lenses and ballasts restored to good order and repair, any damaged doors and cabinetry replaced or repaired and the carpet steam cleaned and, if damaged, replaced to match the existing carpet. Tenant, on or before the end of the term of this Lease or on any sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all property not so removed shall be deemed to be abandoned by LesseeTenant and title to the same shall thereupon pass to Landlord without compensation to Tenant. Lessee further agrees that at the end of the term or sooner Landlord may, upon termination of this Lease, Lesseeremove, store and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at its Tenant's sole expense, shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleanedcost, and repair any damaged doors replaced, if necessary to restore the Premises to its original condition, normal wear and tear excepteddamage caused by such removal at Tenant's sole cost. If the Premises are not so surrendered at the end of the term or sooner termination of this Lease, Lessee then Tenant shall indemnify Lessor Landlord against loss or liability resulting from the delay by Lessee Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delaydelay provided Tenant shall have a no liability hereunder for the first thirty (30) days following the expiration of the term. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises or otherwise, shall be deemed to be or to constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the term hereof, and such acceptance of any surrender by Tenant shall only be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary or other surrender of 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 existing subleases or operate as an assignment to Landlord of all such subleases. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the Property.

Appears in 2 contracts

Samples: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)

Acceptance of the Premises and Covenant to Surrender. By entry and ---------------------------------------------------- taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, condition and repair, repair and accepts the Premises in their condition existing as of date of such entry, entry and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, any as being completed in accordance with the plans and specifications for such improvements. Subject to Paragraphs 16 and 17, subject to items identified by Lessee in one final punch list submitted to Lessor within thirty (30) days of occupancy, which items Lessor shall promptly correct. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, Premises together with all alterations, additions, additions and improvements which may have been made in, to, to or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, condition and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancy. Lessee, on or before the 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 not so removed shall be deemed to be abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, expense shall have the carpets steam cleaned, the walls and columns painted, the flooring floors waxed, any damaged ceiling tile tiles replaced, the windows cleaned, the drapes cleaned, cleaned and any damaged doors replaced, if necessary to restore the Premises to its original condition, normal wear and tear excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (Identix Inc)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, and repair, and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, subject to items identified by Lessee in one final punch list submitted to Lessor within thirty (30) days of occupancy, which items Lessor shall promptly correct. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancy. Lessee, on or before the 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 not so removed shall be deemed abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleaned, and any damaged doors replaced, if necessary to restore the Premises to its original condition, normal wear and tear excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (Numerical Technologies Inc)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee Tenant accepts the Premises as being in good and sanitary order, condition, and repair, and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, subject to items identified by Lessee in one final punch list submitted to Lessor within thirty (30) days of occupancyand without limiting Landlord’s repair, which items Lessor shall promptly correctmaintenance, warranty and other obligations under this Lease. Lessee Tenant agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessor Landlord or LesseeTenant, unto Lessor Landlord in good and sanitary order, condition, and repair, excepting for such wear and tear as would be normal for the period of the Lessee's Tenant’s occupancy, for any damage caused by casualty, and for repairs that are the responsibility of Landlord under this Lease. LesseeTenant, on or before the end of the term or sooner termination of this Lease, shall remove all its personal property property, trade fixtures, signage, security systems and trade fixtures from data and phone cabling installed by of for Tenant in the Premises, and all property not so removed shall be deemed abandoned by LesseeTenant. Lessee Tenant further agrees that at the end of the term or sooner termination of this Lease, LesseeTenant, at its sole expense, shall have the carpets steam cleaned, any walls damaged by Tenant (or any party acting under or with the walls and columns painted, the flooring waxedpermission of Tenant) patched, any damaged ceiling tile (beyond normal wear and tear during the Term through no fault of Landlord or its agents) replaced, the windows cleaned, the drapes cleaned, and any damaged doors (beyond normal wear and tear during the Term through no fault of Landlord or its agents) replaced, if necessary to restore the Premises to its original conditionthe condition in which it was received by Tenant, normal wear and tear tear, damage caused by casualty, and repairs that are the responsibility of Landlord under this Lease excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee Tenant shall indemnify Lessor Landlord against loss or liability resulting from delay by Lessee Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (Mobileiron, Inc.)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, and repair, and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements. On the Commencement Date, subject to items identified by Lessee the Premises shall be in one final punch list submitted to Lessor within thirty (30) days of occupancy, which items Lessor good condition and repair and the roof shall promptly correctbe water tight. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancy, casualties, condemnation, Toxic or Hazardous materials (other than those released or caused to be present by Lessee or Lessee's agents, employees, contractors and invitees in or about the Premises) and Alterations with respect to which Lessor has not reserved the right to require removal. Lessee, on or before the 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 not so removed shall be deemed abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleaned, and any damaged doors replaced, if necessary to restore the Premises to its original condition, normal wear and tear excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (Clicksoftware Technologies LTD)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, and repair, and accepts the Premises in their condition existing as of date of such entry. Lessor represents that as of the Lease Commencement, the roof, walls and Lessee further accepts any tenant improvements to structural components of the building, HVAC system, electrical, plumbing and lighting shall be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, subject to items identified by Lessee in one final punch list submitted to Lessor within thirty (30) days of occupancy, which items good working order. Lessor shall promptly correctassign to Lessee any and all existing warranties for the building. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancy’s occupancy and damage by Casualty or Condemnation. Lessee, on or before the end of the term or sooner termination of this Lease, shall remove all its personal property property, trade fixtures, equipment, and trade fixtures data and phone cabling from the Premises, and all property not so removed shall be deemed abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, Lessee shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleaned, and any damaged doors replaced, if necessary to restore the Premises to its original conditioncondition (excepting any restoration requirements waived in Section 12 of this Lease), normal wear and tear excepted. In no event shall Lessee be required to remove the Lessee Improvements and restore the Premises to its condition existing prior to the installation of the Lessee Improvements. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (Opnext Inc)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, and repair, and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, improvements subject to items identified by Lessee the completion of any “‘Punch List Items” (as defined in one final punch list submitted to the Work Letter attached hereto). Lessor within thirty (30) days represents that as of occupancythe Lease Commencement, which items the roof, walls and structural components of the building, HVAC system, electrical, plumbing and lighting shall be in good working order. Lessor shall promptly correctassign to Lessee any and all existing warranties for the building. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancy’s occupancy and damage by Casualty or Condemnation. Lessee, on or before the end of the term or sooner termination of this Lease, shall remove all its personal property property, trade fixtures, equipment, and trade fixtures data and phone cabling from the Premises, and all property not so removed shall be deemed abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, Lessee shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleaned, and any damaged doors replaced, if necessary to restore the Premises to its original conditioncondition (excepting any restoration requirements waived in Section 12 of this Lease), normal wear and tear excepted. In no event shall Lessee be required to remove the Lessee Improvements and restore the Premises to its condition existing prior to the installation of the Lessee Improvements. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (Opnext Inc)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee Tenant accepts the Premises as being in good and sanitary order, condition, condition and repair, and accepts the Building and Improvements included in the Premises in their condition existing as of the date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, entry subject to items identified Landlord's punchlist obligation and to latent defects and without representation or warranty by Lessee in one final punch list submitted Landlord as to Lessor within thirty (30) days of occupancy, the use or occupancy which items Lessor shall promptly correctmay be made thereof. Lessee Landlord has received no notice that the Premises do not comply with any applicable law. Tenant agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, additions and improvements which may have been made in, to, or on the Premises by Lessor Landlord or LesseeTenant (except those which Landlord has agreed may be removed by Tenant), unto Lessor Landlord in good and sanitary order, condition, condition and repair, excepting for such wear and tear as would be normal for the period of Tenant's occupancy and damage by casualty events or Landlord's failure to perform its obligations under the LesseeLease unless such failure was directly attributable to an act of Tenant or Tenant's occupancyemployees, agents, contractors or invitees in which event such act would not excuse Tenant from delivering the Premises as set forth herein. LesseeTenant, on or before the 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 not so removed shall be deemed to be abandoned by LesseeTenant and title to the same shall thereupon pass to Landlord without compensation to Tenant. Lessee further agrees that at the end of the term or sooner Landlord may, upon termination of this Lease, Lesseeremove, store and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at its Tenant's sole expense, shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleanedcost, and repair any damaged doors replaced, if necessary to restore the Premises to its original condition, normal wear and tear excepteddamage 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, Lessee then Tenant shall indemnify Lessor Landlord against loss or liability resulting from the delay by Lessee Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the demised Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the demised Premises by Tenant prior to the expiration of the term hereof as provided in this Lease, and such acceptance of the surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary or other surrender of this Lease of 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 existing subleases or operate as an assignment to Landlord of all such subleases. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property of which Tenant's Premises are a part.

Appears in 1 contract

Samples: Office Lease (Hall Kinion & Associates Inc)

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Acceptance of the Premises and Covenant to Surrender. By entry (excluding Lessee's early access to the Premises as referred to in Paragraph 7D above) and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, and repair, and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements. In each case, subject to excluding punchlist items identified by Lessee noted or described in one final punch list submitted to Lessor within thirty (30) days Paragraph 7, code compliance as of occupancythe Commencement Date of Lease, which items Lessor shall promptly correctblatant defects, and warranty work that may be required of a Lessor. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancy, and excepting Acts of God, casualty, and condemnation. Lessee, on or before the 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 not so removed shall be deemed abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleaned, and any damaged doors replaced, if necessary to restore the Premises to its original condition, normal wear and tear excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (McAfee Associates Inc)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, and repair, and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, subject to items identified by Lessee in one final punch list submitted to Lessor within thirty (30) days of occupancy, which items Lessor shall promptly correct. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancy’s occupancy and damage and destruction. Lessee, on or before the 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 not so removed shall be deemed abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, shall have the carpets steam steamed cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile tiles replaced, the windows cleaned, the drapes cleaned, and any damaged doors replaced, replaced if necessary to restore the Premises to its original condition, normal wear and tear excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (Zoran Corp \De\)

Acceptance of the Premises and Covenant to Surrender. By EXCEPT AS PROVIDED WITHIN, by entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, condition and repair, and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, subject to items identified by Lessee in one final punch list submitted to Lessor within thirty (30) days of occupancy, which items Lessor shall promptly correct. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, additions and improvements which may have been made in, to, or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, condition and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancyoccupancy AND HAZARDOUS MATERIALS (OTHER THAN THOSE STORED, USED, GENERATED OR DISPOSED OF BY LESSEE IN/OR ABOUT THE PREMISES). Lessee, on or before the 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 not so removed shall be deemed to be abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, Lessee at its sole expense, shall have the carpets steam cleaned, the vinyl floors waxed, the concrete floors mopped, the walls and columns painted, the flooring waxed, any damaged ceiling tile title replaced, light lenses and ballasts in good order and repair, the windows cleaned, the drapes drapes/blinds cleaned, and any damaged doors replaced, if necessary to restore the Premises to its original condition, normal wear and tear excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delaydelay EXCEPT THAT IF SUCH DELAY IS CAUSED BY LESSOR, ITS AGENTS OR EMPLOYEES, THEN LESSEE SHALL NOT BE LIABLE TO LESSOR FOR ANY SUCH COST OF DELAY. SEE PARAGRAPH 39 OF ADDENDUM ATTACHED HERETO AND MADE PART HEREOF.

Appears in 1 contract

Samples: Lease Agreement (Cellnet Data Systems Inc)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, and repair, and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, subject to items identified by Lessee in one final punch list submitted to Lessor within thirty (30) days of occupancy, which items Lessor shall promptly correct. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancy. Lessee, on or before the 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 not so removed shall be deemed abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleaned, and any damaged doors replaced, if necessary to restore the Premises to its original condition, normal wear and tear excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (SCM Microsystems Inc)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, Lessee accepts the Premises as being in good and sanitary order, condition, condition and repair, repair and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, entry subject to items identified Lessor's responsibility to nevertheless perform all of its obligations described in Paragraph 8 and Exhibit B of this Lease within a time mutually agreed to by both Lessee in one final punch list submitted and Lessor. Subject to Lessor within thirty (30) days of occupancyParagraphs 17 and 18, which items Lessor shall promptly correct. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, Premises in substantially the same condition as received (and as modified in accordance with the improvements described in Exhibit B) together with all alterations, additions, additions and improvements which may have been made in, to, to or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, condition and repair, excepting for such wear and tear as would be normal for the period of the Lessee's occupancy. Lessee, on or before the 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 not so removed shall be deemed to be abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, expense shall have the carpets steam cleaned, the walls and columns painted, the flooring floors waxed, any damaged ceiling tile tiles replaced, the windows cleaned, the drapes cleaned, cleaned and any damaged doors replaced, if necessary to restore the Premises to its original condition, normal wear and tear excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (Procera Networks Inc)

Acceptance of the Premises and Covenant to Surrender. By entry and taking ---------------------------------------------------- possession of the Premises pursuant to this Lease, and subject to existing warranties and representations, Lessee accepts the Premises as being in good and sanitary order, condition, and repair, and accepts the Premises in their condition existing as of date of such entry, and Lessee further accepts any tenant improvements to be constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements. However, subject to items identified by Lessee in one final punch list submitted to Lessor within thirty sixty (3060) days of taking occupancy, which Lessee shall provide to Lessor a "punch list" of items to be corrected and Lessor shall promptly correctwill use its best efforts to complete items on said list. Lessee agrees on the last day of the term hereof, or on sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessor or Lessee, unto Lessor in good and sanitary order, condition, and repair, excepting for such reasonable wear and tear tear, Acts of God, Damage and Destruction [as would be normal for the period of the Lessee's occupancy. .] Lessee, on or before the 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 not so removed shall be deemed abandoned by Lessee. Lessee further agrees that at the end of the term or sooner termination of this Lease, Lessee, at its sole expense, shall have the carpets steam cleaned, the walls and columns painted, the flooring waxed, any damaged ceiling tile replaced, the windows cleaned, the drapes cleaned, and any damaged doors replaced, replaced if necessary to restore the Premises to its original condition, normal wear and tear excepted. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Samples: Lease (SCM Microsystems Inc)

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