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 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 within ninety (90) days before the Expiration Date whether Landlord desires to have the Premises or any parts thereof restored to their condition as of the Commencement Date, or to cause Tenant to surrender all Alterations (as defined in Section 7)
Appears in 1 contract
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 painted or cleaned so that they appear to be in good conditionpaint-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. Except for those Alterations Landlord has previously agreed may remain Cubicles and furniture paid in whole or in part by the Premises pursuant to Section 7 below, Work Allowance shall not be considered the personal property or trade fixtures of Tenant. Tenant shall ascertain from Landlord within ninety and Landlord shall inform Tenant, at 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 removed and the Premises or any parts thereof restored to their condition as a standard open office plan with materials and finishes consistent with the other open office areas of the Commencement DatePremises, or to cause Tenant to surrender all Alterations (in place to Landlord. If Landlord fails to specify, at the time of its consent, whether any Alteration is to be removed upon the Expiration Date, then Landlord shall be deemed to have required its removal, unless otherwise specified in writing to Tenant. If Landlord does require removal, Tenant shall, at Tenant’s sole cost and expense, remove such Alterations as defined Landlord requires and shall 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 Premises to be brought into compliance with all applicable building codes and laws in Section 7)effect at the time of the 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 painted or cleaned so that they appear to be in good conditionfree 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 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 within ninety (90) days before the Expiration Date whether Landlord desires to have the Premises or any parts thereof restored to their condition as of the Commencement Date, or to cause Tenant to surrender all Alterations (as defined in Section 7)) in place to Landlord. 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 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 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 earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in broom-clean condition, free of all refuse, trash and garbage, and in as good order and condition as the same were in at the Commencement Date or as the same thereafter may be improved by Landlord or Tenant reasonable wear and tear excepted. Tenant shall, without expense to Landlord, prior to expiration (or earlier termination not due to a Tenant default), remove all its personal property and trade fixtures or cause to be removed from the PremisesPremises all Tenant's Property (as that term is defined in Paragraph 12.1) and all similar articles of any other persons claiming under Tenant (unless Landlord exercises its option to have any subleases or subtenancies assigned to it), and Tenant shall fully repair all damage to the Premises resulting from such removal. All property 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 not so removed shall be deemed as abandoned by Tenant. Except for those Alterations Landlord has previously agreed may remain and the floor coverings in the Premises pursuant ONLY if directed in writing to Section 7 belowdo so by Landlord, in which event Tenant shall ascertain from Landlord within ninety (90) days before the Expiration Date whether Landlord desires do so and shall repair all damages to have the Premises or resulting from such removal. In the event Tenant shall fail to remove any parts thereof restored of Tenant's Property as provided herein, Landlord may, but is not obligated, at Tenant's expense, to their condition remove all of Tenant's Property as of the Commencement Date, or provided in Paragraph 23.3. Tenant shall not be entitled to cause Tenant to surrender all Alterations (as defined in Section 7)remove any items paid for by Landlord.
Appears in 1 contract
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 painted or cleaned so that they appear to be in good conditionpatched 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 trade fixtures from the Premises. All property and fixtures not so removed shall be deemed as abandoned by Tenant. Except for those Alterations If Landlord has previously agreed may remain in the Premises so indicated pursuant to Section 7 belowbelow Tenant shall, Tenant at Tenant’s sole cost and expense, remove such Alterations as Landlord has required and shall ascertain from Landlord within ninety (90) days before the Expiration Date whether Landlord desires repair and restore such to have condition at time of commencement, normal wear and tear excluded. Such repair and restoration shall include causing the Premises or any parts thereof restored to their condition as be brought into compliance with all applicable building codes and laws in effect at the time of the Commencement Dateremoval 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, or however, shall Tenant be required to cause remove any portion of the initial Tenant to surrender all Alterations (as defined Improvements installed in Section 7)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 painted or cleaned so that they appear to be in good conditionfree 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 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 within ninety (90) days before the Expiration Date whether Landlord desires to have the Premises or any parts thereof restored to their condition as of the Commencement Date, or to cause Tenant to surrender all Alterations (as defined in 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 painted or cleaned so that they appear to be in good conditionpatched, cleaned, and otherwise made paint-ready, (ii) all tiled floors shall be cleaned and waxed, (iii) all carpets shall be cleaned and shampooed, (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced, (v) all cabling placed above the ceiling by Tenant or Tenant’s contractors shall be removed, (vi) all windows shall be washed; (vii) the HVAC system shall be serviced by a reputable and licensed service firm and left in “good operating condition and repair” as so certified by such firm, 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. Except for those Alterations Landlord has previously agreed may remain in the Premises pursuant to Section 7 below, Tenant shall ascertain from Landlord within at least ninety (90) days before the Expiration Date whether Landlord desires to have any Alterations (as defined in Section 7), with the exception of Initial Alterations as defined in Section 7 below, removed and the Premises or any parts thereof restored to their condition as of the Commencement Date, or to cause Tenant to surrender all Alterations in place to Landlord. If Landlord shall so desire, Tenant shall, at Tenant’s sole cost and expense, remove such Alterations as Landlord requires and shall repair and restore said Premises or such parts thereof before the 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 (as defined 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 Section 7)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
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 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; (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. Except 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 those Alterations Landlord has previously agreed may remain in the Premises pursuant to Section 7 belowwhich Landlord’s consent was not obtained, Tenant shall ascertain from Landlord within 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 removed and the Premises or any parts thereof restored to their the condition existing immediately prior to the date such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as of the Commencement Datedescribed 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). 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 be required to surrender the Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in 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). Tenant’s repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws in effect at the time of the 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 defined in Section 7)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 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 painted or cleaned so that they appear to be in good conditionfreshly 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. Except for those Alterations If Landlord has previously agreed may remain in the Premises so indicated pursuant to Section 7 belowbelow Tenant shall, Tenant at Tenant’s sole cost and expense, remove such Alternations as Landlord has required and shall ascertain from Landlord within ninety (90) days before the Expiration Date whether Landlord desires repair and restore such to have condition at time of commencement, normal wear and tear excluded. Such repair and restoration shall include causing the Premises or any parts thereof restored to their condition as be brought into compliance with all applicable building codes and laws in effect at the time of the Commencement Date, or removal but only to cause Tenant to surrender all Alterations (as defined in Section 7)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 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 ”, 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. Except for those If at the time Tenant obtains Landlord’s consent to any Tenant Improvements or Alterations Landlord has previously agreed may remain advises Tenant in the Premises pursuant to writing that any Tenant Improvements or Alterations are Specialized Tenant Improvements (as defined below in Section 7 below10.B), Tenant shall ascertain from Landlord within ninety (90) days before remove such Specialized Tenant Improvements and repair any damage caused by the Expiration Date whether Landlord desires removal, including restoring such areas to have the condition existing prior to Tenant’s installation of such Specialized Tenant Improvement, at expiration or sooner termination of the Lease. Tenant’s repair and restoration obligations under this Section 7.B shall include causing the Premises or any parts thereof restored to their condition as be brought into compliance with all applicable building codes and other Laws in effect at the time of the Commencement Dateremoval, repair and restoration to the extent such compliance is necessitated by the removal, repair or to cause Tenant to surrender all Alterations (as defined in Section 7)restoration work.
Appears in 1 contract
Sources: Lease Agreement (Astera Labs, 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 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 painted or cleaned so that they appear to be in good conditionfreshly painted, with smooth surfaces and 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. Except for those Alterations If Landlord has previously agreed may remain in the Premises pursuant to Section 7 belowshall so desire, Tenant shall, at Tenant’s sole cost and expense, remove such Alterations as Landlord requires and shall ascertain from Landlord within ninety (90) days before the Expiration Date whether Landlord desires to have the repair and restore said Premises or any such parts thereof restored to their the same condition existing prior to Tenant making such Alteration; provided Tenant shall have no obligation to remove the Tenant Improvements as shown on the Preliminary TI Plan (or generally consistent with, or logical extensions of the Commencement Date, Preliminary TI Plan or to cause Tenant to surrender all any Alterations (as defined in Section 7)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. 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 other Laws in effect at the time of the 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 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 to be in good conditionfreshly 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. Except for those Alterations Landlord has previously agreed may remain in the Premises pursuant to Section 7 below, Tenant shall ascertain from Landlord within 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 their condition as a standard open office plan with materials and finishes consistent with the other open office areas of the Commencement DatePremises, 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 expiration 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 defined 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 Section 7)effect at the time of the removal to the extent such compliance is necessitated by the repair and restoration work.
Appears in 1 contract