Common use of Condition Upon Surrender Clause in Contracts

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove any or all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterations.

Appears in 2 contracts

Samples: Lease (Zilog Inc), Lease (Zilog Inc)

AutoNDA by SimpleDocs

Condition Upon Surrender. Tenant further agrees on Upon the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from surrender the Premises. All property Premises to Landlord, broom clean and fixtures in the same condition as received except for ordinary wear and tear which Tenant was not so removed shall be deemed as abandoned by Tenant. On or before the Expiration Date or sooner termination of otherwise obligated to remedy under this Lease, including with all electrical, plumbing and other mechanical systems in good operating condition and shall deliver all keys to the Building and Premises to Landlord. In addition. Landlord may require Tenant shall to remove any or all Alterations (as hereinafter defined) alterations made by Tenant and to restore the Premises to the condition its prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation condition, at the time Tenant requested Landlord's consent to such AlterationsTenant’s expense. All Alterations except those alterations which Landlord (in accordance with the terms hereof) previously required does not require Tenant to remove shall remain in become Landlord’s property and shall be surrendered to Landlord on termination of the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without material damage to the Premises. Tenant shall repair, at Tenant’s expense, any damage to the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the Alterationscontrary. Tenant shall not remove any fixtures or equipment considered a part of the real property without Landlord’s prior written consent or unless required by Landlord. Such items shall include: any wiring; power panels, lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; floor coverings. Telecommunications and data cabling shall not be considered part of the real estate and Tenant shall remove it and make any necessary repairs. All property required by Landlord to be removed from the Premises at the end of the Term and which remains after Tenant vacates, shall be deemed abandoned and may, at the election of Landlord, be retained as Landlord’s property, or may be removed from the Premises by Landlord at Tenant’s expense and either disposed of or stored at Tenant’ expense. Tenant waives any claim against Landlord for damage to or disposal of any personal property removed from the Premises by Landlord.

Appears in 2 contracts

Samples: Agreement of Sub Sublease (ArcherDX, Inc.), Agreement of Sub Sublease (ArcherDX, Inc.)

Condition Upon Surrender. Tenant further agrees on the Expiration Date expiration or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear tear, casualty damage, repairs and replacements which are the Landlord’s responsibility under this Lease, and Alterations and which it is permitted to surrender at termination of the Lease excepted. In no event shall Tenant be required to remove all or any portion of the Tenant Improvements. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable industry standards for maintenance, repair repair, replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, and notwithstanding the foregoing, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, painted or cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removedremoved (unless Landlord waives such requirement in writing), (vi) all windows shall be washed; , (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as ”, which condition shall be so certified by such firm, and (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property As to all Alterations for which Landlord consent was not obtained, Tenant shall ascertain from Landlord not more than one (1) year and fixtures not less than ninety (90) days before the Expiration Date or sooner termination of this Lease whether Landlord desires to have any such Alterations made by Tenant removed and the Premises or any parts thereof restored to the condition existing before such Alterations, or to cause Tenant to surrender any or all Alterations in place to Landlord. If Landlord shall so removed desire, Tenant shall, at Tenant’s sole cost and expense, remove such Alterations as Landlord requires and shall be deemed as abandoned by Tenant. On repair and restore said Premises or such parts thereof before the Expiration Date or sooner termination of this Lease, Tenant shall remove any or all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal removal, repair and restoration to the extent such compliance is necessitated by the removal of the Alterationsremoval, repair and restoration work.

Appears in 2 contracts

Samples: Lease, (Palo Alto Networks Inc), Lease, (Palo Alto Networks Inc)

Condition Upon Surrender. Tenant further agrees on Upon the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from surrender the Premises. All property Premises to Landlord, broom clean and fixtures in the same condition as received except for ordinary wear and tear which Tenant was not so removed shall be deemed as abandoned by Tenant. On or before the Expiration Date or sooner termination of otherwise obligated to remedy under this Lease, including with all electrical, plumbing and other mechanical systems in good operating condition and shall deliver all keys to the Building and Premises to Landlord. In addition, Landlord may require Tenant shall to remove any or all Alterations (as hereinafter defined) alterations made by Tenant and to restore the Premises to the condition its prior to the Alteration (including repair of any damage caused by such removal) provided that condition, at Tenant’s expense, however Landlord notified Tenant in writing of such removal obligation will identify those items up front at the time Tenant requested Landlord's consent to such AlterationsTenant’s request for alterations are made. All Alterations except those alterations which Landlord (in accordance with the terms hereof) previously required does not require Tenant to remove shall remain in become Landlord’s property and shall be surrendered to Landlord on termination of the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without material damage to the Premises. Tenant shall repair, at Tenant’s expense, any damage to the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the Alterationscontrary, Tenant shall not remove any fixtures or equipment considered a part of the real property without Landlord’s prior written consent or unless required by Landlord. Such items shall include: any wiring; power panels, lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; floor coverings. Telecommunications and data cabling shall not be considered part of the real estate and Tenant shall remove it and make any necessary repairs. All property required by Landlord to be removed from the Premises at the end of the Term and which remains after Tenant vacates, shall be deemed abandoned and may, at the election of Landlord, be retained as Landlord’s property, or may be removed from the Premises by Landlord at Tenant’s expense and either disposed of or stored at Tenant’ expense. Tenant waives any claim against Landlord for damage to or disposal of any personal property removed from the Premises by Landlord.

Appears in 2 contracts

Samples: Office Lease (ArcherDX, Inc.), Office Lease (ArcherDX, Inc.)

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable the best standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be cleaned, patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or Tenant shall ascertain from Landlord at least ninety (90) days before the Expiration Date whether Landlord desires to have any Alterations made by Tenant as defined in Section 7 (excluding Initial Alterations) removed and the Premises or sooner termination any parts thereof restored to a standard open office plan with materials and finishes consistent with the other open office areas of this Leasethe Premises, or to cause Tenant to surrender all Alterations in place to Landlord. The foregoing shall not apply to Alterations that Landlord has agreed may remain at Lease expiration. If Landlord shall so desire, Tenant shall, at Tenant’s sole cost and expense, remove such Alterations as Landlord requires and shall remove any or all Alterations (as hereinafter defined) repair and restore said Premises or such parts thereof before the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of LandlordExpiration Date. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterationsrepair and restoration work.

Appears in 2 contracts

Samples: Lease (Data Domain, Inc.), Lease (Data Domain, Inc.)

Condition Upon Surrender. Tenant further agrees on the Expiration Date Upon expiration or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner earlier termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the PremisesPremises all movable furniture and movable personal property, and shall promptly repair any damage to the Premises or the Building caused by such removal. All property removal and fixtures not so removed repair shall be deemed as abandoned at Tenant’s sole cost and expense. Tenant shall not remove any wall covering, floor covering, shelving, cabinet units (whether for storage, for library purposes or for any other purpose), or other improvements affixed to the Premises unless requested to do so by TenantLandlord. On At any time within fifteen (15) days prior to expiration of the scheduled Term, or before the Expiration Date or sooner within a reasonable time promptly after any other termination of this Lease, Landlord may demand that Tenant remove from the Premises any alterations, additions, improvements, fixtures, equipment, shelving, cabinet units or other personal property designated by Landlord to be removed. In such event Tenant shall remove any or all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration complete such complete such removal (including the repair of any damage caused by such removal) provided that Landlord notified entirely at its own expense and within fifteen (15) days of Landlord’s demand. All repairs required by Tenant in writing this Section shall be performed in a manner satisfactory to Landlord, and shall include, without limitation, the following: cap all plumbing, cap all electrical wiring, repair all holes in walls, restore damage to the floors and/or ceiling, repair any other cosmetic damage, and clean the Premises. If Tenant fails to remove from the Premises all of such removal obligation at the time Tenant its personal property (together with any other items requested Landlord's consent by Landlord to such Alterations. All Alterations except those which Landlord (be removed in accordance with this Section) prior to the terms hereofexpiration or earlier termination of this Lease, then Landlord may, at its sole option, (i) previously required treat Tenant as a holdover in which event the provisions of Article 26 of this Lease shall apply or (ii) handle the items as provided in Section 19.2(b) of this Lease. Unless Landlord demands otherwise pursuant to remove this Article, Tenant shall, upon expiration or earlier termination of this Lease, surrender to Landlord the Premises in the same condition as the Premises were upon delivery of possession to Tenant, broom clean, reasonable wear and tear excepted, shall remain surrender all keys to the Landlord at the place then fixed for the payment of rent, and shall inform the Landlord of all combinations of locks, safes and vaults, if any, on the Premises. Promptly upon request by Landlord following expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord an instrument in recordable form releasing, remising and quitclaiming to Landlord all right, title and interest of Tenant in the Premises as the property by reason of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterationsthis Lease or otherwise.

Appears in 1 contract

Samples: Office Lease (Cougar Biotechnology, Inc.)

Condition Upon Surrender. Tenant further agrees on Upon the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from surrender the PremisesPremises to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under this Lease, including with all electrical, plumbing and other mechanical systems in good operating condition and shall deliver all keys to the Building and Premises to Landlord. All property and fixtures not so removed shall In addition, if Tenant requests that Landlord inform Tenant whether removal will be deemed as abandoned by Tenant. On required at the expiration of the Term or before upon the Expiration Date or sooner earlier termination of this Lease, Landlord agrees to notify Tenant shall remove any or all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time of approving any Tenant’s Work or alteration made by Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required of the Lease, whether or not Landlord will require Tenant to remove shall remain in such Tenant’s Work or other alteration and to restore the Premises to its prior condition, at Tenant’s expense. All alterations which Landlord does not require Tenant to remove as provided above shall become Landlord’s property and shall be surrendered to Landlord on termination of the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without material damage to the Premises. Tenant shall not remove any fixtures or equipment considered a part of the real property of without Landlord’s prior written consent or unless required by Landlord. Such repair items shall include: any wiring (but excluding data/telecommunications cabling); power panels, lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; floor coverings. Notwithstanding anything to the contrary herein, Tenant shall remove data/telecommunications cabling installed by or for Tenant (a) in accordance with the requirements of the National Electric Code and restoration all other applicable codes and ordinances, and (b) as may be required by Landlord. Tenant shall include causing reimburse Landlord for the cost of any repairs required in connection with damage to the Premises to be brought into compliance with all applicable building codes and laws in effect at or the time of the removal to the extent such compliance is necessitated Project caused by the removal of any such Tenant’s Work, cabling, machinery, alterations, equipment, or other property of Tenant. All property required by Landlord to be removed from the AlterationsPremises at the end of the Term and which remains after Tenant vacates, shall be deemed abandoned and may, at the election of Landlord, be retained as Landlord’s property, or, at Tenant’s expense, may be removed from the Premises and either disposed of or stored. Tenant waives any claim against Landlord for damage to or disposal of any personal property left in the Premises.

Appears in 1 contract

Samples: Market Square (Bsquare Corp /Wa)

Condition Upon Surrender. Tenant further agrees on the Expiration Date Upon expiration or on the sooner earlier termination of this Lease, unless Landlord demands otherwise pursuant to this Article, Tenant shall surrender the Premises to Landlord in good the same condition and repair (damage by acts as the Premises were upon delivery of Godpossession to Tenant, firebroom clean, and normal reasonable wear and tear excepted, shall surrender all keys to the Landlord at the place then fixed for the payment of rent, and shall inform Landlord of all combinations of locks, safes, and vaults, if any, on the Premises. In this regardTenant shall remove from the Premises all movable furniture and movable personal property, "normal wear and tear" shall be construed to mean wear and tear caused promptly repair any damage to the Premises or the Building caused by such removal. All removal and repair shall be at Tenant's sole cost and expense. Tenant shall not remove any wall covering, floor covering, shelving, cabinet units (whether for storage, for library purposes or for any other purpose), lighting fixtures, or other improvements affixed to the natural aging process which occurs in spite Premises unless requested to do so by Landlord. If requested at any time by Landlord, Tenant shall remove from the Premises within fifteen (15) days prior to expiration of prudent application of commercially reasonable standards for maintenancethe scheduled Term, repair replacementor within fifteen (15) days after Landlord's request made before or after any alterations, and janitorial practicesadditions, and does not include items of neglected improvements, fixtures, equipment, shelving, cabinet units, or deferred maintenanceother personal property designated by Landlord are to be so removed. In any such event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by complete such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair removal (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove any or all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified entirely at its own expense and within fifteen (15) days of Landlord's request. All repairs required by Tenant in writing this Section shall be performed in a manner satisfactory to Landlord, subject to the provisions of such removal obligation at Article 7, and shall include, without limitation, the time following; cap all plumbing, cap all electrical wiring, repair all holes in walls, restore damage to the floors and/or ceiling, repair any other cosmetic damage, and clean the Premises. If Tenant fails to remove from the Premises all of its personal property (together with any other items requested Landlord's consent by Landlord to such Alterations. All Alterations except those which Landlord (be removed in accordance with this Section) prior to the terms hereofexpiration or earlier termination of this Lease, then Landlord may, at its sole option (i) previously required treat Tenant as a holdover in which event the provisions of Article 26 of this Lease shall apply, or (ii) handle the items as provided in Section 20.2(b) of this Lease. Promptly upon request by Landlord following expiration or earlier termination of this Lease, Tenant shall execute, acknowledge, and deliver to remove shall remain Landlord an instrument in recordable form releasing, remising, and quitclaiming to Landlord all right, title, and interest of Tenant in the Premises as the property by reason of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterationsthis Lease or otherwise.

Appears in 1 contract

Samples: Cayenta Inc

Condition Upon Surrender. Tenant further agrees on the Expiration Date expiration or on the sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear and damage due to casualty and condemnation excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable customary standards for maintenance, repair repair, replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any eventNotwithstanding this Section 7.C above, Tenant shall cause the following to be done prior to the Expiration Date expiration or sooner termination of this Lease to the extent Tenant is not required to remove any of the following pursuant to Section 6.D or other provisions of this Lease: (i) all interior walls shall be patchedpainted or cleaned so that they appear freshly painted, cleaned, with smooth surfaces and otherwise made paint-readyfree of holes and gouges, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; , (vii) the HVAC system systems serving exclusively the Premises shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as ”, which condition shall be so certified by such firm, and (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). On or before the Expiration Date expiration or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed as to have been abandoned by Tenant. On or before the Expiration Date or sooner termination of this LeaseIf Landlord shall so desire, Tenant shall, at Tenant’s sole cost and expense, remove such Alterations as Landlord requires and shall repair and restore said Premises or such parts thereof to the same condition existing prior to Tenant making such Alteration; provided Tenant shall have no obligation to remove the Tenant Improvements as shown on the Preliminary TI Plan (or generally consistent with, or logical extensions of the Preliminary TI Plan or any or all Alterations (as hereinafter defineddefined in Section 7 below) and restore the Premises or material revisions to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation Improvements as reflected on Tenant Improvement Plans and Specifications made with Landlord's consent unless Landlord, at the time of granting such consent, indicates that the subject Alteration or material revision to the Tenant requested Landlord's consent to such AlterationsImprovements must be removed upon the expiration of the Lease Term. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlord. Such Tenant’s repair and restoration obligation under this Section 7.A shall include causing the Premises to be brought into compliance with all applicable building codes and laws other Laws in effect at the time of the removal removal, repair and restoration but only to the extent such compliance is necessitated by the removal of removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was not obtained shall in no event be construed as giving Tenant the Alterationsright to do any Alterations without Landlord’s consent.

Appears in 1 contract

Samples: Lease (Cutera Inc)

Condition Upon Surrender. Tenant further agrees on Upon the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from surrender the Premises. All property Premises to Landlord, broom clean and fixtures in the same condition as received except for ordinary wear and tear which Tenant was not so removed shall be deemed as abandoned by Tenant. On or before the Expiration Date or sooner termination of otherwise obligated to remedy under this Lease, including with all electrical, plumbing and other mechanical systems in good operating condition and shall deliver all keys to the Building and Premises to Landlord. In addition, Landlord may require Tenant shall to remove any or all Alterations (as hereinafter defined) alterations made by Tenant and to restore the Premises to the condition its prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation condition, at the time Tenant requested Landlord's consent to such AlterationsTenant’s expense. All Alterations except those alterations which Landlord (in accordance with the terms hereof) previously required does not require Tenant to remove shall remain in become Landlord’s property and shall be surrendered to Landlord on termination of the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without material damage to the Premises. Tenant shall repair, at Tenant’s expense, any damage to the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the Alterationscontrary, Tenant shall not remove any fixtures or equipment considered a part of the real property without Landlord’s prior written consent or unless required by Landlord. Such items shall include: any wiring; power panels, lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; floor coverings. Telecommunications and data cabling shall not be considered part of the real estate and Landlord may elect either to require Tenant to remove it or leave it in place. All property required by Landlord to be removed from the Premises at the end of the Term and which remains after Tenant vacates, shall be deemed abandoned and may, at the election of Landlord, be retained as Landlord’s property, or may be removed from the Premises by Landlord at Tenant’s expense and either disposed of or stored at Tenant’ expense. Tenant waives any claim against Landlord for damage to or disposal of any personal property removed from the Premises by Landlord.

Appears in 1 contract

Samples: Office Lease (Activecare, Inc.)

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable the best standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patchedrepaired, cleaned, patched and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming non-conforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On At the expiration of the Lease Term, Landlord shall not have the right to require that Tenant remove from the Premises any of the Tenant Improvements (other than Tenant’s equipment, fixtures and components) or any Alterations made with Landlord’s consent unless Landlord, at the time of granting such consent, indicates that the subject Alteration must be removed upon the expiration of the Lease Term. With respect to Permitted Alterations as defined in Section 7.A below, Tenant shall ascertain from Landlord within ninety (90) days before the Expiration Date or sooner termination of this Lease, whether Landlord desires to have such Permitted Alterations removed. Tenant shall remove repair any or all Alterations (as hereinafter defined) and restore the Premises damage to the condition prior to the Alteration (including repair Building which results from Tenant’s removal of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of LandlordPermitted Alteration and any improvements and/or Tenant’s equipment, fixtures, and components. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterationsrepair and restoration work.

Appears in 1 contract

Samples: Assignment and Assumption of Lease

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable the best standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-readypainted or cleaned so that they appear freshly painted, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or Tenant shall ascertain from Landlord at least ninety (90) days before the Expiration Date or sooner termination of this Lease, Tenant shall remove whether Landlord desires to have any or all Alterations (as hereinafter defineddefined in Section 7) made by Tenant removed and restore the Premises or any parts thereof restored to a standard open office plan with materials and finishes consistent with the condition prior other open office areas of the Premises, or to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified cause Tenant to surrender all Alterations in writing of such removal obligation place to Landlord. Tenant may request from Landlord, at the time of seeking consent to any Alterations, whether or not such Alterations shall need to be removed at the end of the Term. Landlord agrees to specifically respond in writing informing Tenant requested Landlord's of its removal and restoration requirements with respect to such Alterations. The foregoing shall not apply to Alterations that Landlord has agreed specifically in writing may remain at Lease expiration at time of granting its consent to such Alterations. All If Landlord shall so desire, Tenant shall, at Tenant’s sole cost and expense, remove such Alterations except those which as Landlord (in accordance with requires and shall repair and restore said Premises or such parts thereof before the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of LandlordExpiration Date. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterationsrepair and restoration work.

Appears in 1 contract

Samples: Monolithic Power Systems Inc

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-readypainted or cleaned so that they appear freshly painted, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or Tenant shall ascertain from Landlord within ninety (90) days before the Expiration Date or sooner termination of this Lease, whether Landlord desires Tenant shall to remove any Alterations not previously consented to by Landlord in accordance with Section 7, or all to cause Tenant to surrender such Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant defined in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterations.Section 7)

Appears in 1 contract

Samples: Abgenix Inc

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, free of holes and otherwise made paint-readygouges, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" ’. as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or Tenant shall ascertain from Landlord within ninety (90) days before the Expiration Date whether Landlord desires to have the Premises or sooner termination any parts thereof restored to their condition as of this Leasethe Commencement Date, or to cause Tenant shall remove any or to surrender all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant defined in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterations.Section 7)

Appears in 1 contract

Samples: Commencement Agreement (NeurogesX Inc)

Condition Upon Surrender. Tenant Xxxxxx further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable the best standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-readypainted or cleaned so that they appear freshly painted, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or Tenant shall ascertain from Landlord at least ninety (90) days before the Expiration Date or sooner termination of this Lease, Tenant shall remove whether Landlord desires to have any or all Permitted Alterations (as hereinafter defineddefined in Section 7) made by Tenant without Landlord's consent removed and restore the Premises or any parts thereof restored to the condition prior to the Alteration (including Permitted Alteration, or to cause Tenant to surrender all Permitted Alterations in place to Landlord. If Landlord shall so desire, Tenant shall, at Tenant's sole cost and expense, remove such Permitted Alterations as Landlord requires and shall repair and restore said Premises or such parts thereof before the Expiration Date. In addition, if Xxxxxxxx notified Tenant in writing contemporaneously with consenting to the installation of Alterations that removal upon expiration would be required, then Tenant shall, at Tenant's sole cost and expense and prior to the Expiration Date, remove such Alterations, repair any damage caused by such removal) provided that Landlord notified Tenant in writing of such the removal obligation at and restore the time Tenant requested Landlord's consent affected area to such Alterations. All Alterations except those which Landlord (in accordance with its condition prior to the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of LandlordAlteration. Such repair and restoration associated with the removal of Alterations and Permitted Alterations shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterationsrepair and restoration work.

Appears in 1 contract

Samples: Scios Inc

Condition Upon Surrender. Tenant further agrees on Upon the Expiration Date expiration or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in broom-clean condition, free of all refuse, trash and garbage, and in as good order and condition as the same were in at the Commencement Date or as the same thereafter may be improved by Landlord or Tenant reasonable wear and tear excepted. Tenant shall, without expense to Landlord, prior to expiration (or earlier termination not due to a Tenant default), remove all its personal property and trade fixtures or cause to be removed from the PremisesPremises all Tenant's Property (as that term is defined in Paragraph 12.1) and all similar articles of any other persons claiming under Tenant (unless Landlord exercises its option to have any subleases or subtenancies assigned to it), and Tenant shall fully repair all damage to the Premises resulting from such removal. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or before In the Expiration Date or sooner event of termination prior to the expiration of this Leasethe term hereof, Tenant shall nevertheless remove any or all Alterations (as hereinafter defined) and restore Tenant's Property from the Premises in the manner aforesaid within sixty (60) days after receipt of written direction to do so from Landlord, provided that Tenant shall remain liable for Rent for the condition prior to Premises until the Alteration (including repair completion of any damage caused by such removal) provided that Landlord notified . Notwithstanding the foregoing, Tenant in writing of such removal obligation at may remove the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with heating, ventilation, and air conditioning units, plumbing fixtures and the terms hereof) previously required Tenant to remove shall remain floor coverings in the Premises as the property of ONLY if directed in writing to do so by Landlord. Such , in which event Tenant shall do so and shall repair and restoration shall include causing all damages to the Premises resulting from such removal. In the event Tenant shall fail to remove any of Tenant's Property as provided herein, Landlord may, but is not obligated, at Tenant's expense, to remove all of Tenant's Property as provided in Paragraph 23.3. Tenant shall not be brought into compliance with all applicable building codes and laws in effect at the time of the removal entitled to the extent such compliance is necessitated remove any items paid for by the removal of the AlterationsLandlord.

Appears in 1 contract

Samples: Supplemental Agreement (Eagle Hardware & Garden Inc/Wa/)

Condition Upon Surrender. Tenant further agrees on the Expiration Date expiration or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and excepting normal wear and tear exceptedtear, damage by casualty and maintenance, repair and replacement obligations that are the responsibility of Landlord hereunder. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable the best standards for maintenance, repair repair, replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets (other than those beyond their useful lives) shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; , (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as ”, which condition shall be so certified by such firm, and (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and trade fixtures not so removed shall be deemed as abandoned by Tenant. On Cubicles and furniture paid in whole or in part by the Work Allowance shall not be considered the personal property or trade fixtures of Tenant. Tenant shall ascertain from Landlord and Landlord shall inform Tenant, at the time Landlord grants its consent to any Alteration (as defined in Section 7 below) to be made by Tenant, whether Landlord desires to have any Alterations made by Tenant removed and the Premises or any parts thereof restored to a standard open office plan with materials and finishes consistent with the other open office areas of the Premises, or to cause Tenant to surrender all Alterations in place to Landlord. If Landlord fails to specify, at the time of its consent, whether any Alteration is to be removed upon the Expiration Date, then Landlord shall be deemed to have required its removal, unless otherwise specified in writing to Tenant. If Landlord does require removal, Tenant shall, at Tenant’s sole cost and expense, remove such Alterations as Landlord requires and shall repair and restore said Premises or such parts thereof before the Expiration Date or sooner termination of this Lease, Tenant shall remove any or all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal removal, repair and restoration to the extent such compliance is necessitated by the removal of the Alterationsremoval, repair and restoration work.

Appears in 1 contract

Samples: Cavium, Inc.

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, patched and otherwise made paint-readyspot painted, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. Notwithstanding the foregoing, in no event shall the total cost of the work to complete items i, ii, iii, iv, v, vi and viii above (absent Tenant’s negligence or misconduct and excluding any repairs or maintenance required for the HVAC system) exceed Forty Thousand and No/100 Dollars ($40,000.00). On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or before the Expiration Date or sooner termination of this LeaseIf Landlord has so indicated pursuant to Section 7 below Tenant shall, Tenant at Tenant’s sole cost and expense, remove such Alterations as Landlord has required and shall remove any or all Alterations (as hereinafter defined) repair and restore the Premises such to the condition prior to the Alteration (including repair at time of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlordcommencement, normal wear and tear excluded. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal but only to the extent such compliance is necessitated by and relates solely to the removal repair and restoration work of the AlterationsTenant Improvements. In no event, however, shall Tenant be required to remove any portion of the initial Tenant Improvements installed in accordance with the terms of this Lease.

Appears in 1 contract

Samples: Netflix Inc

AutoNDA by SimpleDocs

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable the best standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, and (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures (including Tenant’s phone switch and security systems) from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or Tenant shall ascertain from Landlord at least ninety (90) days before the Expiration Date or sooner termination of this Lease, Tenant shall remove whether Landlord desires to have any or all Alterations (as hereinafter defined) defined in Section 7), with the exception of Initial Alterations as defined in Section 7 below, removed and the Premises or any 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, Tenant shall, at Tenant’s sole cost and expense, remove such Alterations as Landlord requires and shall repair and restore said Premises or such parts thereof before the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of LandlordExpiration Date. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal repair and restoration work. As an alternative to Tenant performing the restoration work as set forth in this Section 6.B, Tenant may request in writing, no later than one hundred twenty (120) days prior to the Lease Expiration Date, that Landlord provide an estimate of Tenant’s total surrender cost, and Tenant shall have the Alterationsoption to pay Landlord such estimated amount in lieu of actually completing its surrender and restoration obligations under this paragraph, such payment to be made to Landlord within fifteen (15) days of Tenant’s receipt of such estimate.

Appears in 1 contract

Samples: Terayon Communication Systems

Condition Upon Surrender. Tenant further agrees on Upon the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from surrender the Premises. All property Premises to Landlord, broom clean and fixtures in the same condition as received except for ordinary wear and tear which Tenant was not so removed shall be deemed as abandoned by Tenant. On or before the Expiration Date or sooner termination of otherwise obligated to remedy under this Lease, including with all electrical, plumbing and other mechanical systems in good operating condition and shall deliver all keys to the Building and Premises to Landlord. In addition, Landlord may require Tenant shall to remove any or all Alterations (as hereinafter defined) alterations made by Tenant and to restore the Premises to the condition its prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation condition, at the time Tenant requested Landlord's consent to such AlterationsTenant’s expense. All Alterations except those alterations which Landlord (in accordance with the terms hereof) previously required does not require Tenant to remove shall remain in become Landlord’s property and shall be surrendered to Landlord on termination of the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without material damage to the Premises. Tenant shall repair, at Tenant’s expense, any damage to the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the Alterationscontrary, Tenant shall not remove any fixtures or equipment considered a part of the real property without Landlord’s prior written consent or unless required by Landlord. Such items shall include: any wiring; power panels, lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; floor coverings. Telecommunications and data cabling shall not be considered part of the real estate and Landlord may elect either to require Tenant to remove it or leave it in place. All property required by Landlord to be removed from the Premises at the end of the Term and which remains after Tenant vacates, shall be deemed abandoned and may, at the election of Landlord, be retained as Landlord’s property, or, at Tenant’s expense, may be removed from the Premises and either disposed of or stored. Tenant waives any claim against Landlord for damage to or disposal of any personal property left in the Premises.

Appears in 1 contract

Samples: Office Lease

Condition Upon Surrender. Tenant further agrees on the Upon Expiration Date or on the sooner earlier termination of this LeaseSublease, to surrender Sublessee at its costs shall remove from the Premises to Landlord in good condition all movable furniture and all movable personal property and promptly repair (any damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by or the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove any or all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration (including repair of any damage Project caused by such removal. Sublessee shall not remove any wall coverings, floor covering, shelving, cabinet units (whether for storage, library purposes, or for any other purpose), or other improvements affixed to the Premises, whether installed by the Master Lessor, or Sublessor at its expense, and whether as part of the Sublessee improvements or alterations made by Sublessee with or without Sublessor's consent unless requested to do so by Sublessor. Sublessee shall repair any damage and restore to the original quality, material, color, and condition, less ordinary wear and tear, from removing anything from premises. At any time within fifteen (15) days prior to the expiration of its scheduled Term, or within a reasonable time promptly after any other Termination of this Sublease, Sublessor may demand that Sublessee remove from the Premises any alterations, additions, improvements, fixtures, equipment, shelving, cabinets, or other personal property designated by Lessor to be removed, provided that Landlord notified the Sublessor cannot require Sublessee to remove the Initial Tenant improvements put in writing of place pursuant to the Master Lease unless Sublessor reserved the right to require such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of its approval of the installation thereof. In such event, Sublessee shall complete such removal within fifteen (15) days of Sublessor's demand. All repairs required to be performed by Sublessee in this section shall be performed in a manner reasonably satisfactory to Sublessor, and if necessary, satisfactory to the extent such compliance is necessitated by Master Lessor, and shall include the removal of the Alterations.following:

Appears in 1 contract

Samples: Sublease Agreement (Seebeyond Technology Corp)

Condition Upon Surrender. Tenant further agrees on the Expiration Date expiration or on the sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear exceptedand casualty excepted (subject to Section 16 below). In As used in this regardLease, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the commercially reasonable standards for maintenance, repair repair, replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any eventNotwithstanding this Section 7.B above, Tenant shall cause the following to be done prior to the Expiration Date expiration or sooner termination of this Lease to the extent Tenant is not required to remove any of the following pursuant to other provisions of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; (viiii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as , which condition shall be so certified by such firm, and (viiiiii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lensesrepair. On or before the Expiration Date expiration or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed as to have been abandoned by Tenant. On or before the Expiration Date expiration or sooner termination of this Lease, Tenant shall remove also have removed all the Pad Improvements and restored the areas affected by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), at Tenant’s sole cost and expense (subject to this Section below relating to compliance with building codes and Laws then in effect). As to Alterations for which Landlord’s consent was not obtained, Tenant shall ascertain from Landlord not more than one (1) year and not less than ninety (90) days before the expiration or all sooner termination of this Lease whether Landlord desires to have any such Alterations removed and the Premises or any parts thereof restored to the condition existing immediately prior to the date such Alterations were made (as hereinafter defined) in which case Tenant shall be required to perform such work and restore the Premises as described below), or to cause Tenant to surrender all such Alterations in place to Landlord; provided however that in no event shall Tenant be required to remove any Tenant Improvements performed before the condition Outside Disbursement Date with Landlord’s approval (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant prior to the Alteration (including repair expiration or sooner termination of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation this Lease). In addition, if at the time Tenant requested obtains Landlord's ’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations. All Alterations except those which Landlord must be removed and the Premises restored to the condition existing before such Alterations were made, then Tenant shall be required to surrender the Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in accordance with the terms hereof) previously effect); provided however that in no event shall Tenant be required Tenant to remove Exhibit 10.6 any Tenant Improvements performed before the Outside Disbursement Date with Landlord’s consent (other than Generator Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs)), all of which shall remain in the Premises as the property be removed by Tenant prior to expiration or sooner termination of Landlordthis Lease). Such Tenant’s repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and laws other Laws in effect at the time of the removal removal, repair and restoration to the extent such compliance is necessitated by the removal of removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was not obtained shall in no event be construed as giving Tenant the Alterationsright to do any Alterations without Landlord’s consent.

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear tear, casualty damage and maintenance otherwise the responsibility of Landlord pursuant to this Lease excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be cleaned, patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On At the expiration of the Lease Term, Landlord shall not have the right to require that Tenant remove from the Premises any of the Tenant Improvements or any Alterations made with Landlord's consent unless Landlord, at the time of granting such consent, indicates that the subject Alteration must be removed upon the expiration of the Lease Term. With respect to Permitted Alterations as defined in Section 7A. below, Tenant shall ascertain from Landlord within ninety (90) days before the Expiration Date or sooner termination of this Leasewhether Landlord desires to have any such Permitted Alterations removed. If Landlord shall so desire, Tenant shall, at Tenant's sole cost and expense, remove such Alterations and Permitted Alterations as Landlord requires and shall remove repair any or all damage to the Building which results from Tenant's removal of any Alterations, Permitted Alterations (as hereinafter defined) and any improvements and/or Tenant's equipment, fixtures, and component and shall repair and restore said Premises or such parts thereof before the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of LandlordExpiration Date. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterationsrepair and restoration work.

Appears in 1 contract

Samples: Brio Technology Inc

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-readypainted or cleaned so that they appear freshly painted, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or before the Expiration Date or sooner termination of this LeaseIf Landlord has so indicated pursuant to Section 7 below Tenant shall, Tenant at Tenant’s sole cost and expense, remove such Alternations as Landlord has required and shall remove any or all Alterations (as hereinafter defined) repair and restore the Premises such to the condition prior to the Alteration (including repair at time of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlordcommencement, normal wear and tear excluded. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal but only to the extent such compliance is necessitated by the removal of the Alterationsrepair and restoration work.

Appears in 1 contract

Samples: Netflix Inc

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable the best standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-readypainted or cleaned so that they appear to be in good condition, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or Except for those Alterations Landlord has previously agreed may remain in the Premises pursuant to Section 7 below, Tenant shall ascertain from Landlord within ninety (90) days before the Expiration Date whether Landlord desires to have the Premises or sooner termination any parts thereof restored to their condition as of this Leasethe Commencement Date, or to cause Tenant shall remove any or to surrender all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant defined in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterations.Section 7)

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

Condition Upon Surrender. Tenant further agrees on At the Expiration Date expiration or on the sooner earlier ------------------------ termination of this Lease, in addition to any other obligations of Tenant with respect to surrender and vacation of the Premises to Landlord Property in Paragraphs 2.6, 11.2, 13.5, 17.1 and 17.2. Tenant shall surrender the Property, including any additions, alterations and improvements thereto, in good and sanitary order, condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal ordinary wear and tear" shall , damage and destruction by casualty and condemnation excepted, first, however, removing all goods and effects of Tenant and all and fixtures and items required to be construed removed pursuant to mean wear and tear caused this Lease (including, but not limited to, any such removal required as a result of an election by Landlord to the Premises by the natural aging process which occurs require such removal as contemplated in spite of prudent application of commercially reasonable standards for maintenance, repair replacementParagraph 11.2), and janitorial practices, and does not include items of neglected or deferred maintenance. In repairing any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified damage caused by such firm, removal. At least thirty (viii30) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or days before the Expiration Date expiration or sooner termination of this Lease, Landlord and Tenant shall remove conduct a walk-through inspection of the Site and shall effect a preliminary identification of items which Tenant is required to repair. Within seven (7) days after the date that Tenant shall vacate the Premises, Landlord and Tenant shall conduct another walk-through inspection of the Site and shall update, and appropriately modify, the list of items requiring repair (including, repairs on the initial list which were not completed and any repairs newly added). Upon delivery to Tenant of such list, Tenant shall elect either (i) to effect such repairs at Tenant's expense, or (ii) to request Landlord to effect such repairs at Tenant's expense. Upon completion of all its of such repairs to Landlord's reasonable satisfaction, Tenant shall have no further obligations to Landlord hereunder, except with respect to environmental matters specified in Paragraph 13.5 hereof and with respect to conditions that are not susceptible of discovery by a reasonably diligent and thorough, but non- invasive, investigation. Tenant expressly waives any and all interest in any fixtures and building systems (and their components), and in any personal property and trade fixtures not removed from the Premises. All property and fixtures not so removed shall be deemed as abandoned Property by Tenant. On Tenant at the expiration or before the Expiration Date or sooner termination of this Lease, agrees that any such personal property and trade fixtures may, at Landlord's election, be deemed to have been abandoned by Tenant, and authorizes Landlord (at its election and without prejudice to any other remedies under this Lease or under applicable law) to remove and either retain, store or dispose of such property at Tenant's cost and expense, and Tenant shall remove waives all claims against Landlord for any or all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration (including repair of damages resulting from any damage caused by such removal, storage, retention or disposal. The provisions of Paragraph 13.5(c) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's consent to such Alterations. All Alterations except those which Landlord (in accordance with the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterationsalso apply.

Appears in 1 contract

Samples: Advanced Tissue Sciences Inc

Condition Upon Surrender. Tenant further agrees on the Expiration Date Upon expiration or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner earlier termination of this Lease, Tenant at its cost shall remove from the Premises all its movable furniture and movable personal property and trade fixtures from promptly repair any damage to the Premises or the Project caused by such removal. Tenant shall not remove any wall covering, floor covering, shelving, cabinet units (whether for storage, for library purposes or for any other purpose), or other improvements affixed to the Premises, whether installed by Landlord or Tenant at its expense and whether as part of the Tenant Improvements or alterations made by Tenant with or without Landlord's consent, unless requested to do so by Landlord. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On At any time within fifteen (15) days prior to expiration of the scheduled Term, or before the Expiration Date or sooner within a reasonable time promptly after any other termination of this Lease, Landlord may demand that Tenant remove from the Premises any alterations, additions, improvements, fixtures, equipment, shelving, cabinet units or other personal property designated by Landlord to be removed; provided, however, that Landlord cannot require Tenant to remove the initial Tenant Improvements, unless Landlord reserved the right to require such removal at the time of its approval of the installation thereof. In such event Tenant shall remove any or all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration complete such removal (including the repair of any damage caused by such removal) provided that Landlord notified entirely at its own expense and within fifteen (15) days of Landlord's demand. All repairs required by Tenant in writing this Section shall be performed in a manner satisfactory to Landlord, and shall include the following: cap all plumbing, cap all electrical wiring, repair all holes in walls, restore damage to the floors and/or ceiling, repair any other cosmetic damage, and clean the Premises. If Tenant fails to remove from the Premises all of such removal obligation at the time Tenant its personal property (together with any other items requested Landlord's consent by Landlord to such Alterations. All Alterations except those which Landlord (be removed in accordance with this Section) prior to the terms hereofexpiration or earlier termination of this Lease, Landlord may, at its option, (i) previously treat Tenant as a holdover in which event Article 24 of this Lease shall apply or (ii) handle the items in accordance with applicable laws. Unless Landlord demands otherwise, upon expiration of the Term, Tenant shall surrender to Landlord the Premises in the same condition as the Premises were upon delivery of possession to Tenant, broom clean, subject to ordinary wear and tear, condemnation and casualty damage and Alterations which Tenant is not required to remove; shall surrender all keys to Landlord at the place then fixed for the payment of rent; and shall inform Landlord of all combinations of locks, safes and vaults, if any, on the Premises. Within ten (10) days after Landlord's request following expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to remove shall remain Landlord an instrument in recordable form releasing, remising and quitclaiming to Landlord all right, title and interest of Tenant in the Premises as the property by reason of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterationsthis Lease or otherwise.

Appears in 1 contract

Samples: Office Space Lease (Software Technologies Corp/)

Condition Upon Surrender. Tenant further agrees on the Expiration Date or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of Godrepair, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, free of holes and otherwise made paint-readygouges, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's ’s contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. On or Tenant shall ascertain from Landlord within ninety (90) days before the Expiration Date whether Landlord desires to have the Premises or sooner termination any parts thereof restored to their condition as of this Leasethe Commencement Date, or to cause Tenant shall remove any or to surrender all Alterations (as hereinafter defineddefined in Section 7) in place to Landlord. If Landlord shall so desire, and restore the Premises to the condition prior to the Alteration (including repair of any damage caused by such removal) provided that Landlord notified Tenant in writing of such removal obligation at the time Tenant requested Landlord's Landlord gave its consent to their installation, Landlord also notified Tenant that such Alterations. All removal would be required, Tenant shall, at Tenant’s sole cost and expense, remove such Alterations except those which as Landlord (in accordance with requires and shall repair and restore said Premises or such parts thereof before the terms hereof) previously required Tenant to remove shall remain in the Premises as the property of LandlordExpiration Date. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal repair and restoration work. In no event, however, shall Tenant be required to remove any portion of the Alterationsinitial Tenant Improvements installed in accordance with the terms of this Lease.

Appears in 1 contract

Samples: Commencement Agreement (Guidewire Software, Inc.)

Condition Upon Surrender. Tenant further agrees on the Expiration Date Upon expiration or on the sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted. In this regard, "normal wear and tear" shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the Expiration Date or sooner termination of this Lease: (i) all interior walls shall be patched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant's contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in "good operating condition and repair" as so certified by such firm, (viii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses. On or before the Expiration Date or sooner earlier termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the PremisesPremises all movable furniture and movable personal property, and shall promptly repair any damage to the Premises or the Building caused by such removal. All property removal and fixtures not so removed repair shall be deemed as abandoned at Tenant's sole cost and expense. Tenant shall not remove any wall covering, floor covering, shelving, cabinet units (whether for storage, for library purposes or for any other purpose), or other improvements affixed to the Premises unless requested to do so by TenantLandlord. On At any time within fifteen (15) days prior to expiration of the scheduled Term, or before the Expiration Date or sooner within a reasonable time promptly after any other termination of this Lease, Landlord may demand that Tenant remove from the Premises any alterations, additions, improvements, fixtures, equipment, shelving, cabinet units or other personal property designated by Landlord to be removed. In such event Tenant shall remove any or all Alterations (as hereinafter defined) and restore the Premises to the condition prior to the Alteration complete such removal (including the repair of any damage caused by such removal) provided that Landlord notified entirely at its own expense and within fifteen (15) days of Landlord's demand. All repairs required by Tenant in writing this Section shall be performed in a manner satisfactory to Landlord, and shall include, without limitation, the following: cap all plumbing, cap all electrical wiring, repair all holes in walls, restore damage to the floors and/or ceiling, repair any other cosmetic damage, and clean the Premises. If Tenant fails to remove from the Premises all of such removal obligation at the time Tenant its personal property (together with any other items requested Landlord's consent by Landlord to such Alterations. All Alterations except those which Landlord (be removed in accordance with this Section) prior to the terms hereofexpiration or earlier termination of this Lease, then Landlord may, at its sole option (i) previously required treat Tenant as a holdover in which event the provisions of Article 26 of this Lease shall apply or (ii) handle the items as provided in Section 19.2(b) of this Lease. Unless Landlord demands otherwise pursuant to remove this Article, Tenant shall, upon expiration or earlier termination of this Lease, surrender to Landlord the Premises in the same condition as the Premises were upon delivery of possession to Tenant, broom clean, reasonable wear and tear excepted, shall remain surrender all keys to the Landlord at the place then fixed for the payment of rent, and shall inform the Landlord of all combinations of locks, safes and vaults, if any, on the Premises. Promptly upon request by Landlord following expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord an instrument in recordable form releasing, remising and quitclaiming to Landlord all right, title and interest of Tenant in the Premises as the property by reason of Landlord. Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal to the extent such compliance is necessitated by the removal of the Alterationsthis Lease or otherwise.

Appears in 1 contract

Samples: Office Space Lease (Kaleidoscope Media Group Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!