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, 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 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 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. 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 repair and restore said Premises or such parts thereof before the Expiration 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 repair and restoration work.

Appears in 2 contracts

Sources: Lease Agreement (Data Domain, Inc.), Lease Agreement (Data Domain, Inc.)

Condition Upon Surrender. Tenant further agrees on At 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 expiration or sooner termination of this Lease, Tenant shall remove 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 remove, 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 effects of ordinary wear and 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 its goods and effects of Tenant, all signage installed by Tenant 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 limited to, any such removal required as a result of an election duly made by Landlord to 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 Premises. All Center by Tenant at the expiration or termination of this Lease, agrees that any such personal property and trade fixtures not so removed shall may, at Landlord’s election, be deemed as to have been abandoned by Tenant. Tenant shall ascertain from , and authorizes Landlord (at least ninety (90its election and without prejudice to any other remedies under this Lease or under applicable law) days before the Expiration Date whether Landlord desires to have any Alterations made by Tenant as defined in Section 7 (excluding Initial Alterations) removed remove and the Premises either retain, store or any parts thereof restored to a standard open office plan with materials and finishes consistent with the other open office areas dispose of the 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, such property at Tenant’s sole cost and expense, remove and Tenant waives all claims against Landlord for any damages resulting from any such Alterations as Landlord requires and shall repair and restore said Premises removal, storage, retention or such parts thereof before the Expiration 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 repair and restoration workdisposal.

Appears in 2 contracts

Sources: Lease (Five Prime Therapeutics Inc), Lease (Five Prime Therapeutics 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, 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 the best 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 painted or 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 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 and fixtures As to all Alterations for which Landlord consent was not so removed shall be deemed as abandoned by Tenant. obtained, Tenant shall ascertain from Landlord at least 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 as defined in Section 7 (excluding Initial Alterations) 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 Premisescondition existing before such Alterations, or to cause Tenant to surrender any or 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 repair and restore said Premises or such parts thereof before the Expiration DateDate or sooner termination of this Lease. 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, repair and restoration work.

Appears in 2 contracts

Sources: Lease Agreement (Palo Alto Networks Inc), Lease Agreement (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, 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 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 be deemed as abandoned by Tenant. In addition, Landlord may require Tenant shall ascertain from Landlord at least ninety (90) days before the Expiration Date whether Landlord desires to have remove any Alterations alterations made by Tenant as defined in Section 7 (excluding Initial Alterations) removed and to restore 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. The foregoing shall not apply to Alterations that Landlord has agreed may remain at Lease expiration. If Landlord shall so desire, Tenant shallits prior condition, at Tenant’s sole cost and expense, remove such Alterations as however Landlord 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 brought into compliance with all applicable building codes and laws in effect 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 removal Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without material damage to the extent such compliance is necessitated Premises. Tenant shall repair, at Tenant’s expense, any damage to the Premises caused by the repair 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 restoration workdata 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

Sources: Office Lease (ArcherDX, Inc.), Office Lease (ArcherDX, 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, 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 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 or cause to be removed from the Premises 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. In the event of termination prior to the expiration of the term hereof, Tenant shall nevertheless remove 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 Premises until the completion of such removal. Notwithstanding the foregoing, Tenant may remove the heating, ventilation, and air conditioning units, plumbing fixtures and the floor coverings in the Premises ONLY if directed in writing to do so by Landlord, in which event Tenant shall do so and shall repair 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 its personal property and trade fixtures from the Premises. All property and fixtures not so removed shall be deemed of Tenant's Property as abandoned by Tenantprovided in Paragraph 23.3. Tenant shall ascertain from Landlord at least ninety (90) days before the Expiration Date whether Landlord desires not be entitled to have remove any Alterations made items paid for by Tenant as defined in Section 7 (excluding Initial Alterations) 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. 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 repair and restore said Premises or such parts thereof before the Expiration 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 repair and restoration work.

Appears in 1 contract

Sources: Ground Lease (Eagle Hardware & Garden Inc/Wa/)

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, 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 patched, 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, 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. 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), with the exception of Initial Alterations as defined in Section 7 (excluding Initial Alterations) below, 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 their condition as of the PremisesCommencement Date, 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 repair and restore said Premises or such parts thereof before the Expiration 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 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 option 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

Sources: Lease Agreement (Terayon Communication Systems)

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 all movable furniture and all movable personal property and promptly repair any damage to Landlord in good condition the Premises or the 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 repairwhether 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, normal wear material, color, and tear excepted. In this regardcondition, “normal 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 the Sublessor cannot 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 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 construed performed in a manner reasonably satisfactory to mean wear Sublessor, and tear caused if necessary, satisfactory to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair replacementMaster Lessor, and janitorial practicesshall include the following: (1) Repair all holes in walls; (2) Restore damage to floors and/or ceiling; (3) Repair any other cosmetic damage, and does not include clean the Premises. If Sublessee fails to remove from the Premises all of its personal property (together with any other items of neglected or deferred maintenance. In any event, Tenant shall cause the following requested by Sublessor to be done removed in accordance with this section), prior to the Expiration Date or sooner earlier termination of this Lease: Sublease, Sublessor, may at its option, (ia) 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 treat the ceiling by Tenant or Tenant’s contractors shall be removed, (vi) all windows shall be washed; (vii) Sublessee as a holdover under 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) terms of Article 24 of 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 Master Lease, Tenant shall remove all its personal property and trade fixtures from or (b) handle 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 items in Section 7 (excluding Initial Alterations) removed and the Premises or any parts thereof restored to a standard open office plan accordance 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. 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 repair and restore said Premises or such parts thereof before the Expiration 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 repair and restoration worklaw.

Appears in 1 contract

Sources: Consent to Sublease Agreement (Seebeyond Technology 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, 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 cleanedrepaired, patched, 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 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. 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 at least within ninety (90) days before the Expiration Date whether Landlord desires to have such Permitted Alterations removed. Tenant shall repair any Alterations made by Tenant as defined in Section 7 (excluding Initial Alterations) removed and damage to 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. The foregoing shall not apply to Alterations that Landlord has agreed may remain at Lease expiration. If Landlord shall so desire, Tenant shall, at Building which results from Tenant’s sole cost removal of any Permitted Alteration and expenseany improvements and/or Tenant’s equipment, remove such Alterations as Landlord requires fixtures, and shall repair and restore said Premises or such parts thereof before the Expiration Datecomponents. 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 repair and restoration work.

Appears in 1 contract

Sources: Assignment and Assumption of Lease

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, 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 the best 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 cleanedpainted or cleaned so that they appear freshly painted, patched, with smooth surfaces and otherwise made ‘paint-ready’free 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 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. 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 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. 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 repair and restore said Premises or such parts thereof before to the Expiration Datesame 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 Alterations (as defined in Section 7 below) or material revisions to the Tenant 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 Improvements must be removed upon the expiration of the Lease Term. 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, 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 right to do any Alterations without Landlord’s consent.

Appears in 1 contract

Sources: Lease Agreement (Cutera 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, 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 best 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 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; (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 or sooner termination of this Lease, Tenant shall 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 at least not more than one (1) year and not less than ninety (90) days before the Expiration Date expiration or sooner termination of this Lease whether Landlord desires to have any such Alterations made by Tenant as defined in Section 7 (excluding Initial Alterations) removed and the Premises or any parts thereof restored to a standard open office plan with materials the condition existing immediately prior to the date such Alterations were made (in which case Tenant shall be required to perform such work and finishes consistent with restore the other open office areas of the PremisesPremises 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 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 expiration or sooner termination of this Lease). The foregoing In addition, if at the time Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations must be removed and the Premises restored to the condition existing before such Alterations were made, then Tenant shall not apply be required to Alterations surrender the Premises in that Landlord has agreed may remain condition at expiration or sooner termination of the Lease expiration(subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove 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 be removed by Tenant prior to expiration or sooner termination of this Lease). 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 Expiration Date. Such 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, 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 right to do any Alterations without Landlord’s consent.

Appears in 1 contract

Sources: 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, 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’painted 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 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. Except for those Alterations Landlord has previously agreed may remain in the Premises pursuant to Section 7 below, Tenant shall ascertain from Landlord at least within 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 a standard open office plan with materials and finishes consistent with the other open office areas their condition as of the PremisesCommencement Date, or to cause Tenant to surrender all Alterations (as defined 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 repair and restore said Premises or such parts thereof before the Expiration 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 repair and restoration work.Section 7)

Appears in 1 contract

Sources: Lease Agreement (Extreme Networks 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, 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 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 cleaned, patched, 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 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. 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 least ninety the time Landlord grants its consent to any Alteration (90as defined in Section 7 below) days before the Expiration Date to be made by Tenant, 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 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. The foregoing 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 not apply be deemed to Alterations that Landlord has agreed may remain at Lease expirationhave required its removal, unless otherwise specified in writing to Tenant. If Landlord shall so desiredoes 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 DateDate or sooner termination of this Lease. 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, repair and restoration work.

Appears in 1 contract

Sources: Lease Agreement (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, 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 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, patched and otherwise made ‘paint-ready’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 trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. Tenant shall ascertain from If Landlord at least ninety (90) days before the Expiration Date whether Landlord desires has so indicated pursuant 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 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. The foregoing shall not apply to Alterations that Landlord has agreed may remain at Lease expiration. If Landlord shall so desire, below Tenant shall, at Tenant’s sole cost and expense, remove such Alterations as Landlord requires has required and shall repair and restore said Premises or such parts thereof before the Expiration Dateto condition at time of commencement, 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 repair and restoration workwork of the Tenant 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

Sources: Lease Agreement (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, 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 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, free of holes and otherwise made ‘paint-ready’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 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. Tenant shall ascertain from Landlord at least within 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 a standard open office plan with materials and finishes consistent with the other open office areas their condition as of the PremisesCommencement Date, or to cause Tenant to surrender all Alterations (as defined in Section 7) 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, and provided that at the time Landlord gave its consent to their installation, Landlord also notified Tenant that such removal would be required, 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. 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 repair and restoration work. 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

Sources: Sublease (Guidewire Software, 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, 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 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, and otherwise made ‘paint-ready’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 trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. Tenant shall ascertain from If Landlord at least ninety (90) days before the Expiration Date whether Landlord desires has so indicated pursuant 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 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. The foregoing shall not apply to Alterations that Landlord has agreed may remain at Lease expiration. If Landlord shall so desire, below Tenant shall, at Tenant’s sole cost and expense, remove such Alterations Alternations as Landlord requires has required and shall repair and restore said Premises or such parts thereof before the Expiration Dateto condition at time of commencement, 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 repair and restoration work.

Appears in 1 contract

Sources: Lease Agreement (Netflix 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, normal wear and tear tear, acts of God, 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 the best 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 2345 Building and the Horn House not later than the expiration 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 ”, which condition shall be so certified by such firm, ; and (viiiii) 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 Not later than 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. If at the time Tenant obtains Landlord’s consent to any Tenant Improvements or Alterations Landlord advises Tenant in writing that any Tenant Improvements or Alterations are Specialized Tenant Improvements (as defined below in Section 10.B), Tenant shall ascertain from Landlord remove such Specialized Tenant Improvements and repair any damage caused by the removal, including restoring such areas to the condition existing prior to Tenant’s installation of such Specialized Tenant Improvement, 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 expiration or any parts thereof restored to a standard open office plan with materials and finishes consistent with the other open office areas sooner termination of the Premises, or to cause Tenant to surrender all Alterations in place to LandlordLease. 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 repair and restore said Premises or such parts thereof before the Expiration Date. Such repair and restoration obligations 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, repair and or restoration work.

Appears in 1 contract

Sources: Lease Agreement (Astera Labs, 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, 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 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, free of holes and otherwise made ‘paint-ready’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 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. Tenant shall ascertain from Landlord at least within 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 a standard open office plan with materials and finishes consistent with the other open office areas their condition as of the PremisesCommencement Date, or to cause Tenant to surrender all Alterations (as defined 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 repair and restore said Premises or such parts thereof before the Expiration 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 repair and restoration work.Section 7)

Appears in 1 contract

Sources: Sublease (NeurogesX 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, 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’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 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 Alterations7) 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. 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 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 expirationexpiration at time of granting its consent to such Alterations. 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 Expiration 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 repair and restoration work.

Appears in 1 contract

Sources: Lease Agreement (Monolithic Power Systems Inc)