Common use of Condition of Premises and Removal of Property Clause in Contracts

Condition of Premises and Removal of Property. At the expiration or earlier termination of this Lease or Tenant's right to possession of the Premises, Tenant shall: (a) surrender possession of the Premises in broom-clean condition and good repair, free of debris, and otherwise in the condition required under Section 8.02, ordinary wear and tear excepted, (b) ensure that all signs, movable trade fixtures and personal property (except items originally provided by Landlord) have been removed from the Premises as required under Section 9.04 hereof (subject to Article XXIX hereof), (c) ensure that all Alterations required to be removed from the Premises pursuant to Section 9.04 have been removed from the Premises, (d) ensure that any damage caused by such removal has been repaired in a good and workmanlike manner as required under Section 9.04 hereof (and Landlord may deny permission to remove items where such removal may damage the structural integrity of the Building), and (e) ensure that all actions required under the Rules and Regulations set forth in Exhibit F to this Lease have been taken. Tenant understands that "ordinary wear and tear" does not mean Tenant shall be relieved of performing its obligations under this Lease relating to maintenance, repairs and replacements as provided for in the Lease. The cost and expense of any repairs necessary to restore the condition of the Premises shall be borne by Tenant, and if Landlord undertakes to restore the Premises, it shall have a right of reimbursement against Tenant.

Condition of Premises and Removal of Property. At Unless Tenant purchases the Premises pursuant to the Purchase Agreement, at the expiration or earlier termination of this Lease or termination of Tenant's right to possession of the Premises, Tenant shall: (a) shall surrender possession of the Premises in broom-clean condition and good repair, free of debrisdebris and Hazardous Materials originally introduced by Tenant or any Tenant's Parties and otherwise in compliance with Section 6.03 of the Lease, with the Powerhouse and related equipment in good operating condition comparable to its condition on the Commencement Date for the supply of electricity, steam, hot, and chilled water, compressed air, fire pump service, and electricity at a capacity, efficiency, and condition at least as good as the capacity, efficiency and condition of the Powerhouse on the Commencement Date and otherwise in the condition required under this Lease (including without limitation Section 8.02), ordinary wear and tear and damage by casualty excepted. Further, as part of Tenant's surrender obligations, Tenant shall (i) at Landlord's option assign to Landlord the Konarka ESA, the O&M Agreement, and any other material agreements with vendors, contractors, or others related to the operation and maintenance of the Powerhouse which Landlord elects to have assigned to it, (bii) ensure that all signsat Landlord's option, movable trade fixtures and personal property (except items originally provided by assign to Landlord or transfer to Landlord) have been removed from , in compliance with the Premises as required under Section 9.04 hereof (subject requirements of Applicable Law, any Tenant rights in any permits, applications, or approvals related to Article XXIX hereof), (c) ensure that all Alterations required to be removed from the Premises pursuant to Section 9.04 have been removed from subdivision of the Premises, (d) ensure that any damage caused by such removal has been repaired in a good and workmanlike manner as required under Section 9.04 hereof (and Landlord may deny permission to remove items where such removal may damage the structural integrity operation of the BuildingPowerhouse or the construction and operation of the Project (or, with respect to peiniits or approvals which Landlord elects not to have transferred to it, Tenant shall cause the same to be terminated), and (eiii) meet with Landlord at least sixty (60) days before the anticipated expiration date of the Lease to coordinate the transfer of the Premises to Landlord and thereafter use reasonable, diligent efforts to coordinate the transfer of the Premises to Landlord and perform such further acts as may be reasonably required to effect such transfer and ensure that all actions required under the Rules safe, legal, and Regulations set forth in Exhibit F uninterrupted functioning of the Powerhouse and delivery of services pursuant to this Lease have been takenthe Konarka ESA. Tenant understands that "ordinary wear The obligation to assign permits and tear" approvals does not mean apply to construction designs, architectural and engineering plans and studies, financial projections, or similar work product which does not run with the land. If Tenant fails to remove any such items or repair damage as required by this Lease, Landlord may do so with no liability to Tenant, and Tenant shall be relieved of performing its obligations under this Lease relating to maintenancepay Landlord the cost thereof, repairs and replacements as provided for in the Leaseupon demand. The cost and expense of any repairs necessary to restore the condition or restoration of the Premises necessitated by Tenant's failure to observe and comply with the maintenance and operational covenants of this Lease shall be borne by Tenant, provided that if Tenant shall fail to promptly perform such repairs or restoration, Landlord may, without obligation perform same and if Landlord undertakes to restore the Premises, it shall have a right of reimbursement against be reimbursed by Tenant.

Condition of Premises and Removal of Property. At the expiration or earlier termination of this Lease or Tenant's right to possession of the Premises, Tenant shall: (a) surrender possession of the Premises premises in broom-clean condition and good repair, free fee of debris, and otherwise in the condition required under Section 8.02, ordinary wear and tear excepted, (b) ensure that all signs, movable trade fixtures and personal property (except items originally provided by Landlord) have been removed from the Premises as required under Section 9.04 hereof (subject to Article XXIX hereof), (c) ensure that all Alterations required to be removed from the Premises pursuant to Section 9.04 have been removed from rom the Premises, (d) ensure that any damage caused by such removal has been repaired in a good and workmanlike manner as required under Section 9.04 hereof (and Landlord may deny permission to remove items where such removal may damage the structural integrity of the Building), and (ec) ensure that all actions required under the Rules and Regulations set forth in Exhibit F to this Lease have been taken. Tenant understands that "ordinary wear and tear" does not mean Tenant shall be relieved of performing its obligations under this Lease relating to maintenance, repairs and replacements as provided for in the Lease. The cost and expense of any repairs necessary to restore the condition of the Premises shall be borne by Tenant, and if Landlord undertakes to restore the Premises, it shall have a right of reimbursement against Tenant.