Condition Upon Surrender. Upon the termination of the Lease, Tenant shall remove all its personal property and surrender the Premises 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. In addition. Landlord may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior condition, at Tenant’s expense. All alterations which Landlord does not require Tenant to remove 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 repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contrary. 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: Sublease Agreement (ArcherDX, Inc.), Sublease Agreement (ArcherDX, Inc.)
Condition Upon Surrender. Upon At the expiration or sooner termination of the this Lease, Tenant shall remove all its personal property and surrender the Premises and the improvements located therein, including any additions, alterations and improvements thereto (except for items which Tenant is permitted and elects to Landlordremove, or is required to remove, pursuant to the provisions of this Lease), broom clean and in good and sanitary order, condition and repair (subject to the same condition as received except for effects of ordinary wear and tear tear, casualty damage [which shall be governed instead by the applicable provisions of Article 13 hereof], the effects of condemnation [which shall similarly be governed instead by the applicable provisions of Article 13 hereof], and the presence of any hazardous substances or hazardous wastes [which shall be governed instead by the provisions of Section 9.6 hereof]), first, however, removing all goods and effects of Tenant, all signage installed by Tenant was and all fixtures and other items required to be removed or specified to be removed at Landlord’s election pursuant to this Lease (including, but not otherwise obligated limited to, any such removal required as a result of an election duly made by Landlord to remedy under require such removal as contemplated in Section 7.2), and repairing any damage caused by such removal. Tenant expressly waives any and all interest in any personal property and trade fixtures not removed from the Center by Tenant at the expiration or termination of this Lease, including with all electricalagrees that any such personal property and trade fixtures may, plumbing at Landlord’s election, be deemed to have been abandoned by Tenant, and authorizes Landlord (at its election and without prejudice to any 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 remedies under this Lease or under applicable law) to remove any alterations made by Tenant and to restore the Premises to its prior conditioneither retain, store or dispose of such property at Tenant’s expense. All alterations which Landlord does not require Tenant to remove shall become Landlord’s property cost 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 caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contrary. 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 all claims against Landlord for damage to any damages resulting from any such removal, storage, retention or disposal of any personal property removed from the Premises by Landlorddisposal.
Appears in 2 contracts
Samples: Lease (Five Prime Therapeutics Inc), Lease (Five Prime Therapeutics Inc)
Condition Upon Surrender. Upon Tenant further agrees on the expiration or sooner termination of this Lease, to surrender the Premises to Landlord in good condition and repair, normal wear and 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 industry standards for maintenance, 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 painted or cleaned, (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 (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”, 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 surrender trade fixtures from the Premises. As to all Alterations for which Landlord 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 Date or sooner termination of this Lease whether Landlord desires to have any such Alterations made by Tenant removed and the Premises 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 or any parts thereof restored to the Building and Premises condition existing before such Alterations, or to cause Tenant to surrender any or all Alterations in place to Landlord. In addition. If Landlord may require shall so desire, Tenant to remove any alterations made by Tenant and to restore the Premises to its prior conditionshall, at Tenant’s sole cost and expense. All alterations which , remove such Alterations as Landlord does not require Tenant to remove shall become Landlord’s property requires and shall be surrendered to Landlord on repair and restore said Premises or such parts thereof before the Expiration Date or sooner termination of this Lease. Such repair and restoration shall include causing the LeasePremises to be brought into compliance with all applicable building codes and laws in effect at the time of the removal, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without material damage repair and restoration to the Premises. Tenant shall repair, at Tenant’s expense, any damage to the Premises caused extent such compliance is necessitated by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contrary. 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 panelsremoval, lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; floor coverings. Telecommunications repair 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 Landlordrestoration work.
Appears in 2 contracts
Samples: Lease Agreement (Palo Alto Networks Inc), Lease Agreement (Palo Alto Networks Inc)
Condition Upon Surrender. Upon the termination of the Lease, Tenant shall remove all its personal property and surrender the Premises 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. In addition. , Landlord may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior condition, at Tenant’s expense, however Landlord will identify those items up front at the time Tenant’s request for alterations are made. All alterations which Landlord does not require Tenant to remove 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 repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contrary. , 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. Upon 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, 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 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, 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 surrender trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. 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 any parts thereof restored to Landlorda standard open office plan with materials and finishes consistent with the other open office areas of the Premises, broom clean and or to cause Tenant to surrender all Alterations 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 place to Landlord. In additionThe foregoing shall not apply to Alterations that Landlord has agreed may remain at Lease expiration. If Landlord may require shall so desire, Tenant to remove any alterations made by Tenant and to restore the Premises to its prior conditionshall, at Tenant’s sole cost and expense. All alterations which , remove such Alterations as Landlord does not require Tenant to remove shall become Landlord’s property requires and shall repair and restore said Premises or such parts thereof before the Expiration Date. Such repair and restoration shall include causing the Premises to be surrendered to Landlord on termination brought into compliance with all applicable building codes and laws in effect at the time of the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without material damage removal to the Premises. Tenant shall repair, at Tenant’s expense, any damage to the Premises caused extent such compliance is necessitated by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contrary. 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 repair 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 Landlordrestoration work.
Appears in 2 contracts
Samples: Lease Agreement (Data Domain, Inc.), Lease Agreement (Data Domain, Inc.)
Condition Upon Surrender. Upon the expiration or earlier termination of the this Lease, Tenant shall remove all its personal property and surrender from the Premises to Landlordall movable furniture and movable personal property, 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. In addition. Landlord may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior condition, at Tenant’s expense. All alterations which Landlord does not require Tenant to remove 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 repair, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused by the such removal. All removal of any such machinery or equipment. Notwithstanding anything in this Section to the contraryand repair shall be at Tenant's sole cost and expense. Tenant shall not remove any fixtures wall covering, floor covering, shelving, cabinet units (whether for storage, for library purposes or equipment considered a part of for any other purpose), or other improvements affixed to the real property without Landlord’s prior written consent or Premises unless required requested to do so by Landlord. Such items At any time within fifteen (15) days prior to expiration of the scheduled Term, or 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 complete such removal (including the repair of any damage caused by such removal) entirely at its own expense and within fifteen (15) days of Landlord's demand. All repairs required by Tenant in 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 wiring; power panelsother cosmetic damage, lighting or lighting fixtures; wall coverings; drapes, blinds or and clean the Premises. If Tenant fails to remove from the Premises all of its personal property (together with any 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 items requested by Landlord to be removed from in accordance with this Section) prior to the Premises at the end expiration or earlier termination of the Term and which remains after Tenant vacatesthis Lease, shall be deemed abandoned and then Landlord may, at its sole option (i) treat Tenant as a holdover in which event the election provisions of LandlordArticle 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 this Article, be retained Tenant shall, upon expiration or earlier termination of this Lease, surrender to Landlord the Premises in the same condition as Landlord’s propertythe Premises were upon delivery of possession to Tenant, broom clean, 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 the Landlord of all combinations of locks, safes and vaults, if any, on the Premises. Promptly upon request by Landlord following expiration or may be removed from 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 by Landlord at Tenant’s expense and either disposed reason of this Lease 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 Landlordotherwise.
Appears in 1 contract
Condition Upon Surrender. Upon the termination of the Lease, Tenant shall remove all its personal property and surrender the Premises 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. In addition. , Landlord may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior condition, at Tenant’s expense. All alterations which Landlord does not require Tenant to remove 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 repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contrary. , 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 shall to remove it and make any necessary repairsor 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 or, at Tenant’s expense, may be removed from the Premises by Landlord at Tenant’s expense and either disposed of or stored at Tenant’ expensestored. Tenant waives any claim against Landlord for damage to or disposal of any personal property removed from left in the Premises by LandlordPremises.
Appears in 1 contract
Samples: Office Lease
Condition Upon Surrender. Upon the expiration or earlier termination of the this Lease, unless Landlord demands otherwise pursuant to this Article, Tenant shall remove all its personal property and surrender the Premises to Landlord, broom clean and Landlord in the same condition as received except for ordinary the Premises were upon delivery of possession to Tenant, broom clean, reasonable wear and tear which Tenant was not otherwise obligated to remedy under this Leaseexcepted, including with all electrical, plumbing and other mechanical systems in good operating condition and shall deliver surrender all keys to the Building and Premises to Landlord. In addition. Landlord may require Tenant to remove any alterations made by Tenant and to restore at the Premises to its prior conditionplace then fixed for the payment of rent, at Tenant’s expense. All alterations which Landlord does not require Tenant to remove shall become Landlord’s property and shall be surrendered to inform Landlord of all combinations of locks, safes, and vaults, if any, 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 repairremove from the Premises all movable furniture and movable personal property, at Tenant’s expense, and shall promptly repair any damage to the Premises or the Building caused by the such removal. All removal of any such machinery or equipment. Notwithstanding anything in this Section to the contraryand repair shall be at Tenant's sole cost and expense. Tenant shall not remove any fixtures wall covering, floor covering, shelving, cabinet units (whether for storage, for library purposes or equipment considered a part of for any other purpose), lighting fixtures, or other improvements affixed to the real property without Landlord’s prior written consent or Premises unless required requested to do so by Landlord. Such items shall include: If requested at any wiring; power panelstime by Landlord, 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 from the Premises within fifteen (15) days prior to expiration of the scheduled Term, or within fifteen (15) days after Landlord's request made before or after any alterations, additions, improvements, fixtures, equipment, shelving, cabinet units, or other personal property designated by Landlord are to be so removed. In such event, Tenant shall complete such removal (including the repair of any damage caused by such removal) entirely at its own expense and make any necessary repairswithin fifteen (15) days of Landlord's request. All repairs required by Tenant in this Section shall be performed in a manner satisfactory to Landlord, subject to the provisions of Article 7, 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 its personal property required (together with any other items requested by Landlord to be removed from in accordance with this Section) prior to the Premises at the end expiration or earlier termination of the Term and which remains after Tenant vacatesthis Lease, shall be deemed abandoned and then Landlord may, at its sole option (i) treat Tenant as a holdover in which event the election provisions of Landlord, be retained as Landlord’s propertyArticle 26 of this Lease shall apply, or may be removed from (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 Landlord an instrument in recordable form releasing, remising, and quitclaiming to Landlord all right, title, and interest of Tenant in the Premises by Landlord at Tenant’s expense and either disposed reason of this Lease 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 Landlordotherwise.
Appears in 1 contract
Samples: Office Space Lease (Cayenta Inc)
Condition Upon Surrender. Upon 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, 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 and spot 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. 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 surrender trade fixtures from the Premises Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. If Landlord has so indicated pursuant to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Section 7 below 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. In addition. Landlord may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior conditionshall, at Tenant’s sole cost and expense, remove such Alterations as Landlord has required and shall repair and restore such to condition at time of commencement, normal wear and tear excluded. All alterations which Landlord does not require 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 repair and restoration work of the Tenant Improvements. In no event, however, shall Tenant be required to remove shall become Landlord’s property and shall be surrendered to Landlord on termination any portion of the initial Tenant Improvements installed in accordance with the terms of this 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 caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contrary. 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 1 contract
Samples: Lease Agreement (Netflix Inc)
Condition Upon Surrender. Upon the termination of the Lease, Tenant shall remove all its personal property and surrender the Premises 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. In addition. , Landlord may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior condition, at Tenant’s expense. All alterations which Landlord does not require Tenant to remove 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 repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contrary. , 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 shall to remove it and make any necessary repairsor 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. Upon 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, 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 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 painted 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 surrender trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. Tenant shall ascertain from Landlord at least ninety (90) days before the Expiration Date whether Landlord desires to have any Alterations (as defined in Section 7) made by Tenant removed and the Premises or any parts thereof restored to Landlorda standard open office plan with materials and finishes consistent with the other open office areas of the Premises, broom clean and or to cause Tenant to surrender all Alterations 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 place to Landlord. In addition. Landlord Tenant may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior conditionrequest from Landlord, at Tenant’s expense. All alterations which Landlord does the time of seeking consent to any Alterations, whether or not require Tenant to remove such Alterations 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 repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contrary. 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 need to be removed from the Premises at the end of the Term Term. Landlord agrees to specifically respond in writing informing Tenant of its removal and which remains after 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. If Landlord shall so desire, Tenant vacatesshall, 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 sole cost and either disposed of expense, remove such Alterations as Landlord requires and shall repair and restore said Premises or stored at Tenant’ expensesuch parts thereof before the Expiration Date. Tenant waives any claim against Landlord for damage to or disposal of any personal property removed from 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 Landlordthe repair and restoration work.
Appears in 1 contract
Condition Upon Surrender. Upon the termination of the Lease, Tenant shall remove all its personal property and surrender the Premises 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. In addition. , if Tenant requests that Landlord may inform Tenant whether removal will be required at the expiration of the Term or upon the earlier termination of this Lease, Landlord agrees to notify Tenant at the time of approving any Tenant’s Work or alteration made by Tenant in accordance with the terms of the Lease, whether or not Landlord will require Tenant to remove any alterations made by Tenant 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 repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contrary. 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 wiringwiring (but excluding data/telecommunications cabling); 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 Notwithstanding anything to the real estate and contrary herein, Tenant shall remove it data/telecommunications cabling installed by or for Tenant (a) in accordance with the requirements of the National Electric Code and make all other applicable codes and ordinances, and (b) as may be required by Landlord. Tenant shall reimburse Landlord for the cost of any necessary repairsrepairs required in connection with damage to the Premises or the 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 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 or, at Tenant’s expense, may be removed from the Premises by Landlord at Tenant’s expense and either disposed of or stored at Tenant’ expensestored. Tenant waives any claim against Landlord for damage to or disposal of any personal property removed from left in the Premises by LandlordPremises.
Appears in 1 contract
Samples: Office Lease (Bsquare Corp /Wa)
Condition Upon Surrender. Upon the expiration or earlier termination of the this Lease, Tenant at its cost shall remove from the Premises all its movable furniture and movable personal property and surrender the Premises 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. In addition. Landlord may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior condition, at Tenant’s expense. All alterations which Landlord does not require Tenant to remove 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 repair, at Tenant’s expense, promptly repair any damage to the Premises or the Project caused by the removal of any such machinery or equipment. Notwithstanding anything in this Section to the contraryremoval. Tenant shall not remove any fixtures wall covering, floor covering, shelving, cabinet units (whether for storage, for library purposes or equipment considered a 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 real property Tenant Improvements or alterations made by Tenant with or without Landlord’s prior written consent or 's consent, unless required requested to do so by Landlord. Such items shall include: At any wiring; power panelstime within fifteen (15) days prior to expiration of the scheduled Term, lighting or lighting 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; wall coverings; drapes, blinds equipment, shelving, cabinet units or other window coveringspersonal property designated by Landlord to be removed; floor coverings. Telecommunications and data cabling shall provided, however, that Landlord cannot be considered part 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 real estate and installation thereof. In such event Tenant shall remove it complete such removal (including the repair of any damage caused by such removal) entirely at its own expense and make any necessary repairswithin fifteen (15) days of Landlord's demand. All repairs required by Tenant in 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 its personal property required (together with any other items requested by Landlord to be removed from in accordance with this Section) prior to the Premises at the end expiration or earlier termination of the Term and which remains after Tenant vacatesthis Lease, shall be deemed abandoned and Landlord may, at its option, (i) treat Tenant as a holdover in which event Article 24 of this Lease shall apply or (ii) handle the election 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, be retained as Landlord’s propertyTenant shall execute, or may be removed from 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 by Landlord at Tenant’s expense and either disposed reason of this Lease 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 Landlordotherwise.
Appears in 1 contract
Condition Upon Surrender. Upon the expiration or earlier termination of the this Lease, Tenant shall remove all its personal property and surrender from the Premises to Landlordall movable furniture and movable personal property, 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. In addition. Landlord may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior condition, at Tenant’s expense. All alterations which Landlord does not require Tenant to remove 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 repair, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused by the such removal. All removal of any such machinery or equipment. Notwithstanding anything in this Section to the contraryand repair shall be at Tenant’s sole cost and expense. Tenant shall not remove any fixtures wall covering, floor covering, shelving, cabinet units (whether for storage, for library purposes or equipment considered a part of for any other purpose), or other improvements affixed to the real property without Landlord’s prior written consent or Premises unless required requested to do so by Landlord. Such items At any time within fifteen (15) days prior to expiration of the scheduled Term, or 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 complete such complete such removal (including the repair of any damage caused by such removal) entirely at its own expense and within fifteen (15) days of Landlord’s demand. All repairs required by Tenant in 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 wiring; power panelsother cosmetic damage, lighting or lighting fixtures; wall coverings; drapes, blinds or and clean the Premises. If Tenant fails to remove from the Premises all of its personal property (together with any 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 items requested by Landlord to be removed from in accordance with this Section) prior to the Premises at the end expiration or earlier termination of the Term and which remains after Tenant vacatesthis Lease, shall be deemed abandoned and then Landlord may, at its sole option, (i) treat Tenant as a holdover in which event the election provisions of LandlordArticle 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 this Article, be retained Tenant shall, upon expiration or earlier termination of this Lease, surrender to Landlord the Premises in the same condition as Landlord’s propertythe Premises were upon delivery of possession to Tenant, broom clean, 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 the Landlord of all combinations of locks, safes and vaults, if any, on the Premises. Promptly upon request by Landlord following expiration or may be removed from 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 by Landlord at Tenant’s expense and either disposed reason of this Lease 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 Landlordotherwise.
Appears in 1 contract
Condition Upon Surrender. Upon 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, 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 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 repaired, 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 non-conforming 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 surrender the Premises 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. In addition. Landlord may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior condition, at Tenant’s expense. All alterations which Landlord does not require Tenant to remove 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 trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. 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 repair, at Tenant’s expense, ascertain from Landlord within ninety (90) days before the Expiration Date whether Landlord desires to have such Permitted Alterations removed. Tenant shall repair any damage to the Premises caused by the Building which results from Tenant’s removal of any such machinery or Permitted Alteration and any improvements and/or Tenant’s equipment, fixtures, and components. Notwithstanding anything Such repair and restoration shall include causing the Premises to be brought into compliance with all applicable building codes and laws in this Section effect at the time of the removal to the contrary. Tenant shall not remove any fixtures or equipment considered a part of extent such compliance is necessitated by 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 repair 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 Landlordrestoration work.
Appears in 1 contract
Samples: Assignment and Assumption of Lease
Condition Upon Surrender. Upon the Expiration or earlier termination of the Leasethis Sublease, Tenant Sublessee at its costs shall remove from the Premises all its movable furniture and all movable personal property and surrender the Premises 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. In addition. Landlord may require Tenant to remove any alterations made by Tenant and to restore the Premises to its prior condition, at Tenant’s expense. All alterations which Landlord does not require Tenant to remove 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 repair, at Tenant’s expense, promptly repair any damage to the Premises or the Project caused by the removal of any such machinery or equipmentremoval. Notwithstanding anything in this Section to the contrary. Tenant Sublessee shall not remove any fixtures wall coverings, floor covering, shelving, cabinet units (whether for storage, library purposes, or equipment considered a 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 real property Sublessee improvements or alterations made by Sublessee with or without Landlord’s 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 written consent to the expiration of its scheduled Term, or unless required by Landlord. Such items shall include: within a reasonable time promptly after any wiring; power panelsother Termination of this Sublease, lighting or lighting Sublessor may demand that Sublessee remove from the Premises any alterations, additions, improvements, fixtures; wall coverings; drapes, blinds equipment, shelving, cabinets, or other window coverings; floor coverings. Telecommunications and data cabling shall personal property designated by Lessor to be removed, provided that the Sublessor cannot be considered part require Sublessee to remove the Initial Tenant improvements put in place pursuant to the Master Lease unless Sublessor reserved the right to require such removal at the time of its approval of the real estate and Tenant installation thereof. In such event, Sublessee shall remove it and make any necessary repairscomplete 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 Master Lessor, and shall include the following:
(1) Repair all holes in walls;
(2) Restore damage to floors and/or ceiling;
(3) Repair any other cosmetic damage, and clean the Premises. If Sublessee fails to remove from the Premises all of its personal property required (together with any other items requested by Landlord Sublessor to be removed from in accordance with this section), prior to the Premises Expiration or earlier termination of this Sublease, Sublessor, may at its option,
(a) treat the end Sublessee as a holdover under the terms of Article 24 of the Term and which remains after Tenant vacatesMaster Lease, shall be deemed abandoned and may, at or
(b) handle 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 Landlorditems in accordance with applicable law.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Seebeyond Technology Corp)