Common use of In General Clause in Contracts

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 4 contracts

Samples: Lab Lease (OmniAb, Inc.), Lab Lease (OmniAb, Inc.), Lease (Lucira Health, Inc.)

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In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateAdditions containing Hazardous Material. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings, Tenant’s Personal Property or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 4 contracts

Samples: Lease Agreement (Genomic Health Inc), Lease Agreement (Genomic Health Inc), Lease Agreement (Genomic Health Inc)

In General. (a) Upon Subject to the Termination Dateterms and conditions of this Lease and such rules and regulations as Landlord may from time to time prescribe, Tenant and Tenant's agents shall surrender have the nonexclusive right to use during the Lease Term the access roads, sidewalks, landscaped areas and vacate other facilities on the Premises immediately Common Area. This right to use the Common Area shall terminate upon Lease Termination. Neither Tenant nor Tenant's agents shall at any time park or permit the parking of their vehicles in any portion of the Common Area not designated by Landlord as a parking area. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and deliver possession thereof extent of the Common Area. Landlord further reserves the right to Landlord in as clean, good promulgate such reasonable rules and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant regulations relating to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant use of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required RemovableCommon Area and to amend such rules and regulations from time to time, with or without advance notice, as Landlord may deem appropriate. Within 10 days after receipt of Tenant’s request, Landlord Any amendments to the rules and regulations shall advise Tenant in writing be effective as to which portions Tenant, and binding on Tenant, upon delivery of the Alteration are Required Removablesa copy of such rules and regulations to Tenant. If Landlord agrees to apply such rules and regulations, and all amendments thereto, in a non-discriminatory manner. Tenant and Tenant's agents shall observe such rules and regulations and any of the Tenant Additions which were installed failure by Tenant involved or Tenant's agents to observe and comply with the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved rules and regulations shall be a Default by Tenant. Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)responsible for the nonperformance of the rules and regulations by any tenants or occupants of the buildings or improvements which now exist or may hereafter be constructed upon the Common Area or upon the real property owned by Landlord adjacent to the Common Area or by any other user authorized by Landlord. Landlord furthermore reserves the right, after having given Tenant reasonable notice, to have any vehicles owned by Tenant or Tenant's agents which are parked in violation of the provisions of this Paragraph 11.1 or in violation of Landlord's rules and regulations relating to parking, to be towed away at the expense of the owner of the vehicle so towed. Landlord shall have the right to close, at Tenant’s expensereasonable times, remove all or any portion of such property and storethe Common Area for any reasonable purpose, sell including without limitation, the prevention of a dedication thereof, or otherwise deal with such property, and undertake, at Tenant’s expensethe accrual of rights of any person or public therein; however, such restoration work closure of the Common Area shall not unreasonably impair Tenant's access to the Premises, Tenant's parking rights as Landlord deems necessary described in this Lease or advisableTenant's use of the Premises.

Appears in 3 contracts

Samples: Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures, including, subject to Section 6.04, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectivelyTenant Additions containing Hazardous Materials. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, “Leasehold Improvements”) furnishings or Tenant Additions, shall remain upon close all floor, ceiling and roof openings and shall restore the Premises at the end of the Term without compensation to Tenant. a tenantable condition as reasonably determined by Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.

Appears in 3 contracts

Samples: Lease Agreement (Netobjects Inc), Office Lease (Embarcadero Technologies Inc), Office Lease (Velocityhsi Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a broom-clean, good and tenantable condition as existed at the Commencement Datecondition, excepting ordinary wear and tear, repairs and maintenance for which Landlord is responsible under this Lease and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b)and/or Landlord. Tenant shall deliver to Landlord all keys to the Premises. All permanent improvements in and to the PremisesPremises (other than Tenant’s trade fixtures, equipment and personal property), including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 90 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of TenantCable, and (b) any Alterations Tenant Additions that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements improvements, as applicable, only to the extent Landlord notified Tenant of such required removal at the time Landlord approved such Tenant Addition (collectively referred to as “Required Removables”). Required Removables may shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Paragraph 12 must comply with the Project’s Sustainability Practices and the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) . Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the proposed Tenant Alteration or any portion of the proposed Tenant Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration proposed Tenant Alterations are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writingLandlord, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 2 contracts

Samples: Sublease (Dynavax Technologies Corp), Office/Laboratory Lease (Dynavax Technologies Corp)

In General. If any material part of the Leased Premises is taken in any proceeding by any Governmental Authority by condemnation or otherwise, or be acquired for public or quasi-public purposes, or be conveyed under threat of such taking or acquiring (a) Upon which Landlord shall not do without Tenant’s prior written consent), and Tenant reasonably determines that the Termination Dateremaining portion will not permit Tenant to operate its business on the Leased Premises, Tenant shall surrender and vacate have the Premises immediately and deliver possession thereof option of terminating this Lease by notice to Landlord in as clean, good and tenantable condition as existed at of its election to do so given on or before the Commencement Date, ordinary wear and teardate which is thirty (30) days after Tenant is deprived of possession of the condemned property, and upon the giving of such notice, this Lease shall automatically terminate and the Annual Fixed Rent and other charges hereunder shall be adjusted as of the date of such notice. If a material part of the Leased Premises (meaning any part of the Ski Facility) is so taken and Tenant elects not to terminate this Lease, then Tenant shall, to the extent and making use of the condemnation award, restore the Leased Premises to a complete unit as similar as reasonably possible in design, character and quality to the building which existed before such taking. If the Leased Premises is partially taken and this Lease is not terminated, there shall be no reduction or adjustment in the Annual Fixed Rent and other charges thereafter payable hereunder. Any restoration work to be performed pursuant to this Article 17 shall be completed in accordance with plans and specifications which shall have been approved by Landlord and Tenant, which approvals shall not be unreasonably withheld. If all or part of the Leased Premises is taken and Tenant elects to terminate this Lease in accordance with this Article 17, each party shall be free to make claim against the condemning authority for the amount of the actual provable damage caused done to each of them by casualty or such taking. If the condemning authority refuses to permit separate claims to be made, then Landlord exceptedshall prosecute with counsel reasonably satisfactory to Tenant the claims of both Landlord and Tenant, and the proceeds of the award, after payment of Landlord’s reasonable attorneys’ fees and other costs incurred, shall be divided between Landlord and Tenant in a fair and equitable manner; provided, however, that under no circumstances will Tenant be required in the event of a condemnation which results in Tenant’s election to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit Bterminate this Lease, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver be entitled to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing condemnation award only so long as to which portions the amount of the Alteration are Required Removables. If any award received by Landlord is equal to or greater than the gross book value of the Tenant Additions which were installed by Tenant involved property taken, as reflected on the lowering of ceilings, raising of floors or Landlord’s financial statements on the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession date of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablecondemnation.

Appears in 2 contracts

Samples: Option Agreement (Peak Resorts Inc), Restructure Agreement (Peak Resorts Inc)

In General. (a) Upon Tenant will be responsible, at its sole cost and expense, for the Termination Date, Tenant shall surrender furnishing of all services and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and utilities to the Premises, including, but not limited to heating, ventilation and air-conditioning, electricity, water, telephone, janitorial and interior Building security services. 6.1.1 All utilities (including any Alterations (collectivelywithout limitation, “Leasehold Improvements”electricity, gas, sewer and water) shall remain upon to the Building are separately metered at the Premises at and shall be paid directly by Tenant to the end applicable utility provider. 6.1.2 Landlord shall provide janitorial services to the Common Areas, except the date of observation of the Term without compensation to Holidays, and window washing services in a manner consistent with other comparable buildings in the vicinity of the Building. All cleaning and janitorial services for the Premises shall be provided, at Tenant. Landlord's sole cost and expense, however, exclusively by written notice to or through Tenant (provided that Tenant shall contract for such services utilizing the Building janitorial contractor) in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement provisions of this Lease. Tenant shall also be not cause any unnecessary labor by carelessness or indifference to the good order and cleanliness of the Premises. If Tenant fails to provide at least weekly janitorial service for the Premises, Landlord shall have the right to do so, at Tenant's sole cost, and Tenant shall reimburse Landlord for such cost within ten (10) days of billing. Landlord shall have the right, from time to time, to change its designated janitorial services provider for the Building, in which event Tenant shall terminate its contract with Landlord’s previously designated janitorial services provider and enter into a contract with Landlord’s newly designated janitorial services provider. Landlord shall have the right to inspect the Premises for purposes of confirming that Tenant is cleaning the Premises as required by this Section 6.2, and to close any staircases or other openings between floorsrequire Tenant to provide additional cleaning, if necessary. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items provide any of the services described abovein this Section 6.2 within five (5) days after notice from Landlord, Landlord may (but which notice shall not be obligated to)required in the event of an emergency, Landlord shall have the right to provide such services and any charge or cost incurred by Landlord in connection therewith shall be deemed Additional Rent due and payable by Tenant upon receipt by Tenant of a written statement of cost from Landlord. Failure of Tenant to comply with any one or more of the foregoing provisions shall be deemed to be a default under this Lease. Tenant shall cooperate fully with Landlord at Tenant’s expenseall times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the HVAC, remove electrical, mechanical and plumbing systems. Provided that Landlord agrees to provide and maintain and keep in continuous service utility connections to the Project, including electricity, water and sewage connections, Landlord shall have no obligation to provide any of such property services or utilities to the Building, including, but not limited to heating, ventilation and storeair-conditioning, sell or otherwise deal with such propertyelectricity, water, telephone, janitorial and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableinterior Building security services.

Appears in 2 contracts

Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)

In General. (a) Upon At any time during the Termination DateLease Term, subject to the terms of this Lease, including this Article 22, Tenant shall surrender may install, at Tenant’s sole cost and vacate the Premises immediately and deliver possession thereof to Landlord in as cleanexpense, good and tenantable condition as existed at the Commencement Date, ordinary wear and tearthree (3) telecommunications antennas, and damage caused by casualty or Landlord excepted; providedassociated equipment (collectively, howeverthe “Telecommunications Equipment”) upon the roof of the Building, that under no circumstances will Tenant be required in the area shown on Exhibit I, attached hereto, to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to serve Tenant’s needs within the Premises. All improvements such antennas shall be of reasonable size, taking into account the size of antennas that the landlords of the Comparable Buildings are allowing their tenants to install upon the roof of the Comparable Buildings, and any transmitting antenna installed by Tenant shall be a uni-directional antenna (as opposed to omni-directional or bi-directional) for point-to-point transmission only in order to reasonable minimize any potential interference with any antennas installed on the roof of the Building by Landlord or other tenant of the Building. Tenant shall not be obligated to pay any rent or other additional charge for the use of such roof space. Tenant shall also have reasonable access to Building shafts as necessary to accommodate the use of the Telecommunications Equipment. The Telecommunications Equipment shall be deemed an Alteration and the installation thereof shall be subject to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end terms of Article 8 of this Lease. The physical appearance and all plans and specifications of the Term without compensation Telecommunications Equipment shall be subject to Tenant. Landlord’s reasonable approval, the location of any such installation of the Telecommunications Equipment shall be designated by Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) and Landlord may require TenantTenant to install screening around such Telecommunications Equipment, at its Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall be responsible, at Tenant’s sole cost and expense, for (i) obtaining all permits or other governmental approvals required in connection with the Telecommunications Equipment, (ii) repairing and maintaining and causing the Telecommunications Equipment to remove (a) any Cable installed by or for the benefit of Tenantcomply with all applicable laws, and (biii) any Alterations thatprior to the expiration or earlier termination of this Lease, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal Telecommunications Equipment and repair costs all associated with standard office improvements wiring (collectively referred and the restoration of all affected areas to as “Required Removables”the condition existing prior to the installation thereof). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file In no event shall Tenant permit the Telecommunications Equipment to interfere with the Building systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before or any other communications equipment at the Termination DateBuilding. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform will be responsible for resolving technical interference problems between its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, Telecommunications Equipment and other equipment located at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion Building as of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If Lease Commencement Date or between any of the Tenant Additions which were additional or replacement Telecommunications Equipment installed by Tenant involved from time to time pursuant to the lowering terms of ceilingsthis Lease and other equipment then located on the Building. The Telecommunications Equipment will not disturb the communications configurations, raising equipment and frequency which exist at the Building as of floors or the Lease Commencement Date and the Telecommunications Equipment will comply with all non-interference rules of the FCC. Provided that the Telecommunications Equipment does not unreasonably restrict Landlord’s ability to allow other equipment to be installed on the roof of the Building without interfering with the Telecommunication Equipment, Landlord will not permit the installation of specialized wall or floor coverings or lightsany future equipment on the Building which results in technical interference problems with Tenant’s then existing Telecommunications Equipment. In the event of such interference with Tenant’s operations, then, unless otherwise approved by Tenant will notify Landlord in writing, Tenant and Landlord shall also be obligated to return correct such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may interference within ten (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable10) business days.

Appears in 2 contracts

Samples: Office Lease (Yelp Inc), Office Lease (Yelp Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. , Landlord, however, by written notice to Tenant in accordance with this Section 12.1(bat least thirty (30) days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements improvements, hut only to the extent that Landlord notified Tenant of such required removal at the time Landlord approved such Landlord Work or Alteration (collectively referred to as “Required Removables”). Required Removables may shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. , Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant. Landlord shall advise Tenant in writing, at the time it Tenant requests approval for a any proposed Alteration, may request in writing that Landlord advise Tenant whether the such Alteration or any portion of the such Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. , Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 2 contracts

Samples: Lease Agreement, Lease (Gritstone Oncology, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at on the Commencement Date, ordinary wear and tear, and damage caused by Landlord, casualty or Landlord and condemnation excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Tenant Alterations (a) as so identified, a “Required Removable”); provided, however if requested by Tenant at the time it requests approval for a proposed Tenant Alteration, Landlord shall advise Tenant at the time of granting such consent whether the proposed Tenant Alteration or any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess portion of the removal and repair costs associated with standard office proposed Tenant Alteration is a Required Removable. In no event shall any improvements (collectively referred to existing in the Premises as of the Date of this Lease be a Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modificationsRemovable. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s reasonable expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s reasonable expense, such restoration work as Landlord deems reasonably necessary or advisable.

Appears in 2 contracts

Samples: Office Lease (XOMA Corp), Lease Agreement (XOMA Corp)

In General. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (a) Upon including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the Termination Datefloor coverings on the floors upon which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall surrender shall, at Tenant’s own expense, but under the supervision and vacate subject to the reasonable prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises immediately which is not Landlord’s responsibility under this Lease and deliver possession thereof to Landlord in as cleanreplace or repair all damaged, good broken, or worn fixtures and tenantable condition as existed at the Commencement Dateappurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs after receipt of written notice from Landlord, then Landlord, after an additional three (3) business days written notice to Tenant, may, but need not, make such repairs and replacements, and damage caused by casualty Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all reasonable overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements within thirty (30) days after being billed for same. Notwithstanding the foregoing, Landlord exceptedshall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant if such repairs are due to the Workletter attached hereto as Exhibit B, negligence or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit willful misconduct of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return nevertheless make such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), repairs at Tenant’s expense, remove or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. The foregoing notwithstanding, Landlord may not install any pipes ducts, utility lines, conduits or equipment (herein collectively called “Utility Lines”) in the Premises unless all of the following conditions be met: 7.1.1 the same are required by “Applicable Law,” as that term is defined in Article 24 of this lease; and 7.1.2 such property Utility Lines are located completely beneath the floor or completely within the walls of the Premises or completely above the Tenant’s hung ceiling, provided, however, that: (i) the same may not displace or interfere with the location or placement of Tenant’s Utility Lines serving the Premises, unless Landlord agree to relocate Tenant’s Utility Line at Landlord’s sole cost and store, sell or otherwise deal with such propertyexpense, and undertake(ii) if there is no finished ceiling, at then such area will not be available to Landlord for this purpose and Landlord will be restricted to the sub-floor or interior walls as hereinbefore described; 7.1.3 such work is not performed during Business Hours (except in emergencies) unless Tenant, in the exercise of its reasonable discretion, agrees otherwise; and 7.1.4 Landlord will be liable for all loss, damage, or injury to persons or property resulting therefrom and will indemnify and hold Tenant harmless from all claims, losses, costs, expenses and liability, including reasonable attorney’s expensefees, such restoration work as Landlord deems necessary or advisablearising therefrom.

Appears in 2 contracts

Samples: Office Lease (Yelp Inc), Office Lease (Yelp Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.03, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateAdditions containing Hazardous Material. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsfloors but only to the extent the same were opened by Tenant. Notwithstanding any of the foregoing to the contrary, (a) Tenant shall not be required to remove any portion of the Tenant Work shown on the Tenant’s Plans and approved as of the date of this Lease, as such terms are defined in Exhibit B hereto, and (b) if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 2 contracts

Samples: Lease Agreement (Guardant Health, Inc.), Lease Agreement (Guardant Health, Inc.)

In General. (a) Upon the Termination Date, Tenant Xxxxxx shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and teartear excepted, and any damage from casualty and condemnation, and damage caused by casualty or Landlord excepted; providedLandlord, however, that under no circumstances will Tenant shall be required to remove governed by the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant provisions of its required removal pursuant to this Section 12.1(b)Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations Tenant Additions that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding anything in this Section 12.1 to the contrary, failure by Xxxxxx to strictly comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.

Appears in 2 contracts

Samples: Office/Laboratory Lease (Kyverna Therapeutics, Inc.), Office/Laboratory Lease (Kyverna Therapeutics, Inc.)

In General. (a) Upon the Termination Date, Tenant Xxxxxx shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at on the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of TenantCable, and (b) any Landlord Work or Tenant Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements improvements, as applicable (collectively referred to as “Required Removables”). Required Removables may shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Paragraph 12 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) . Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the proposed Tenant Alteration or any portion of the proposed Tenant Alteration is a Required Removable. Within 10 days after receipt of TenantXxxxxx’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration proposed Tenant Alterations are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 2 contracts

Samples: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) Tenant shall remain upon remove from the Premises all of Tenant’s Personal Property, including, subject to Section 6.04, cabling for any of the foregoing; however, Tenant shall not be entitled to remove any of Tenant’s Improvements. Additionally, Tenant shall be entitled to remove all such Tenant Additions which at the end time of the Term without compensation to Tenant. Landlord, however, by written notice to their installation Landlord and Tenant in accordance with this Section 12.1(b) agreed may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. In addition, Tenant shall, if requested by Landlord prior to the Termination Date, remove the 125 KVA ONAN emergency generator and the 2 door Hazardous Material Container listed forth on Exhibit E attached hereto. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 2 contracts

Samples: Lease Agreement (Codexis Inc), Lease Agreement (Codexis Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as (i) a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty (subject to the terms of Article 14) or by Landlord excepted; provided, howeverand (ii) full compliance with law, that under no circumstances will Tenant be required including without limitation, Tenant's having delivered to remove Landlord a Business Closure Report issued by the Landlord Work or Tenant Work performed pursuant to County of San Mateo Department of Environmental Health, and a Radioactive Material License Termination issued by the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b)appropriate governmental authority. Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures (including without limitation, any autoclaves, hoods, animal facility, cold rooms, and generators, the costs of which were not paid for by any portion of Landlord's Maximum Contribution), including, subject to Section 6.04, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectivelyTenant Additions containing Hazardous Materials. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, “Leasehold Improvements”) furnishings or Tenant Additions, shall remain upon close all floor, ceiling and roof openings and shall restore the Premises at the end of the Term without compensation to Tenant. a tenantable condition as reasonably determined by Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.

Appears in 2 contracts

Samples: Lease Agreement (Maxygen Inc), Lease (Maxygen Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof not make, or permit to Landlord in as cleanbe made, good and tenantable condition as existed at the Commencement Dateany alterations, ordinary wear and tearchanges, and damage caused by casualty enlargements, improvements or Landlord excepted; providedadditions (collectively "Alterations") in, howeveron, that under no circumstances will Tenant be required to remove the Landlord Work about or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit BPremises, or any Tenant part thereof, including Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to Paragraph 6.2, without the prior written consent of Landlord and without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Section 12.1(bParagraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels). Tenant shall deliver to Landlord all keys , air conditioning, and partitioning in the Premises made by Tenant, regardless of how affixed to the Premises. All improvements The preceding to the contrary notwithstanding, Tenant shall be permitted, without first obtaining Landlord's consent but upon giving prior written notice to Landlord, to make non-structural Alterations to the Premises during the Lease Term provided (i) the cost of making such non-structural Alterations do not exceed $10,000 individually or $50,000 in and to the aggregate in any lease year during the Lease Term, (ii) such non-structural Alterations do not affect the structural integrity of the Premises or any of the building systems, such as HVAC, mechanical, electrical or plumbing systems within the building comprising the Premises, including and (ii) such non-structural Alterations are not visible from the exterior of the Premises. As a condition to the giving of its consent to any Alterations (collectivelyfor which Landlord's consent is required hereunder), “Leasehold Improvements”) shall remain upon Landlord may impose such requirements as Landlord may deem necessary in its sole discretion, including without limitation, the Premises at manner in which the end work is done; a right of approval of the Term without compensation contractor by whom the work is to Tenant. be performed; the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, howeveras Additional Rent, for Landlord's actual costs incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. All Alterations made by Tenant shall be made at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord. Tenant shall give written notice to Tenant in accordance with this Section 12.1(bLandlord five (5) may require Tenantdays prior to employing any laborer or contractor to perform services related to, at its expense, to remove (a) any Cable installed by or receiving materials for use upon the benefit of TenantPremises, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable Laws and in a good and workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethe Premises.

Appears in 2 contracts

Samples: Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable or better condition as existed at the Commencement Dateit was received by Tenant, ordinary wear and tear, casualty, permitted Tenant Alterations and improvements that Tenant is not obligated to remove, and damage caused by casualty or Landlord Landlord, excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) Tenant shall remain upon remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.02, cabling for any of the foregoing and the Cable. Tenant shall be entitled to remove such Tenant Additions which at the end time of the Term without compensation to Tenant. Landlord, however, by written notice to their installation Landlord and Tenant in accordance with this Section 12.1(b) agreed may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateTenant. Tenant shall also remove such other Tenant Additions as required by Landlord in its consent to the making of such Tenant Additions except that Tenant shall be required to remove any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing as close all floor, ceiling and roof openings (other than the opening for the existing internal staircase) and demolish any walls constructed to which portions of the Alteration are Required Removablesdemise subleased premises. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, lights then, unless otherwise approved if required by Landlord in writingits consent to the making of such Tenant Additions, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsfloors (other than the pre-existing internal staircase and the floor opening for such staircase) and to remove any personal baths and showers, vaults or rolling file systems. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described aboveabove within two (2) days after the Termination Date, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 2 contracts

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

In General. (a) Upon In the Termination Dateevent that Tenant disputes the amount of Additional Rent set forth in any annual Statement or Supplemental Statement delivered by Landlord, then subject to the terms of Section 4.6.2, below, Tenant shall surrender have the right to cause a reputable, qualified, independent real estate services firm or audit/review company, working primarily on a non-contingency fee basis (individually and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold ImprovementsTenant’s Auditor”) to inspect, review and audit Landlord’s accounting records for the Expense Year covered by such Statement during normal business hours (“Tenant Review”). As a condition precedent to any such inspection, Tenant shall remain upon the Premises at the end of the Term without compensation cause such Tenant’s Auditor to Tenant. enter into a reasonable confidentiality agreement with Landlord, howeverand to follow Landlord’s reasonable rules and regulations relating to such inspection, by written notice and, in any event, Tenant and the Tenant’s Auditor shall maintain in strict confidence any and all information obtained in connection with the Tenant Review and shall not disclose such information to any person or entity other than to the management personnel, lawyers, accountants, assignees and/or subtenants of Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, (subject to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, such parties’ agreement to maintain such information confidential as set forth herein). Any Tenant Review shall take place in Landlord’s office or at such other location in San Mateo or Los Angeles County as Landlord may reasonably designate, and Landlord will provide Tenant with reasonable judgmentaccess to personnel as is reasonably necessary for the Tenant Review and reasonable use of such available office equipment, are but may charge Tenant for telephone calls and photocopies at Landlord’s actual cost, Tenant shall provide Landlord with not less than thirty (30) days’ notice of a nature that would require removal and repair costs that are materially its desire to conduct such Tenant Review. In connection with the foregoing review, Landlord shall furnish Tenant with such reasonable supporting documentation relating to the subject Statement as Tenant may reasonably request. In no event shall Tenant have the right to conduct such Tenant Review if Tenant is then in excess Default under the Lease with respect to any of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may includeTenant’s monetary obligations, including, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed the payment by Tenant before of all Additional Rent amounts described in the Termination Date. Tenant shall repair damage caused by Statement which is the installation or removal subject of Required Removables. If Tenant fails to perform its obligations in a timely mannerTenant’s Review, Landlord may perform such work which payment, at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alterationelection, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsmade under dispute. In the event possession that following Tenant’s Review, Tenant and Landlord continue to dispute the amounts of Additional Rent shown on Landlord’s Statement and Landlord and Tenant are unable to resolve such dispute, then either Landlord or Tenant may submit the matter to arbitration pursuant to Article 22 of this Lease and the proper amount of the Premises is not delivered disputed items and/or categories of Direct Expenses to be shown on such Statement shall be determined by such proceeding producing an Arbitration Award (as defined in Article 22 below). The Arbitration Award shall be conclusive and binding upon both Landlord when required hereunderand Tenant. If the resolution of the parties’ dispute with regard to the Additional Rent shown on the Statement or Supplemental Statement, pursuant to the Arbitration Award reveals an error in the calculation of Tenant’s Share of Direct Expenses to be paid for such Expense Year, the parties’ sole remedy shall be for the parties to make appropriate payments or reimbursements, as the case may be, to each other as are determined to be owing. Any such payments shall be made within thirty (30) days following the resolution of such dispute; provided that if Landlord fails to make such payment within such time period, Tenant may treat any overpayments resulting from the foregoing resolution of such parties’ dispute as a credit against Rent until such amounts are otherwise paid by Landlord. Tenant shall fail be responsible for all costs and expenses associated with Tenant’s Review, and Tenant shall be responsible for all reasonable audit fees of Tenant, as well as attorney’s fees and related costs of both Landlord and Tenant relating to remove those items described abovean Arbitration Award (collectively, Landlord may (but shall not be obligated tothe “Costs”), at Tenant’s expenseprovided that if the parties’ final resolution of the dispute involves the overstatement by Landlord of Direct Expenses for such Expense Year in excess of three percent (3%), remove any then Landlord shall be responsible for all Costs. Subject to the terms of such property and storeSection 4.6.2, sell or otherwise deal with such propertybelow, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethis provision shall survive the termination of this Lease to allow the parties to enforce their respective rights hereunder.

Appears in 2 contracts

Samples: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, Hazardous Materials (other than those which are Tenant’s responsibility hereunder), casualty and condemnation, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. Except for Alterations which cannot be removed without structural injury to the Premises, at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(bat least thirty (30) days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations Tenant Additions that Landlord designated for removal at the time of consent and that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding anything in this Section 12.1 to the contrary, failure by Tenant to strictly comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.

Appears in 2 contracts

Samples: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures, including, subject to Section 6.04, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectivelyTenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, “Leasehold Improvements”) furnishings or Tenant Additions, shall remain upon close all floor, ceiling and roof openings and shall restore the Premises at the end of the Term without compensation to Tenant. a tenantable condition as reasonably determined by Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.

Appears in 2 contracts

Samples: Lease Agreement (Clarent Corp/Ca), Lease Agreement (Clarent Corp/Ca)

In General. Tenant shall be entitled all exterior signage on the Building permitted under all laws, regulations, restrictions (a) Upon governmental or otherwise), and architectural guidelines in effect for the Termination Datearea in which the Building is located, and all requisite approvals thereunder, including, but not limited to the Master Declaration (collectively, the “Sign Requirements”), in compliance with the following provisions of this Section 31.01, provided that Tenant shall provide advance written notice to Landlord of any changes in exterior signage on the Property. Exterior and interior signage shall be borne at Tenant’s sole cost and expense. If Tenant receives all required approvals, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord install all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant signage in accordance with this Section 12.1(b) may require Tenantthe approved plans and specifications, at its expensein a good and workmanlike manner, to remove (a) any Cable installed by or for in accordance with the benefit of TenantSign Requirements, and (b) any Alterations thatin the event that Landlord leases space in the Building to other tenants, in Landlord’s reasonable judgment, are of shall be conducted a nature that would require removal and repair costs that are materially in excess manner so as not to unreasonably interfere with the use of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”)Building grounds while such construction is taking place. Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables Signage for any subtenant of Tenant shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenantsole cost and expense and subject to the approval of Landlord, at the time it requests such approval for a proposed Alterationnot to be unreasonably withheld, may request in writing that Landlord advise Tenant whether the Alteration conditioned or any portion of the Alteration is a Required Removabledelayed. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as cause all interior signage to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)installed, at Tenant’s expense. Following Tenant’s installation of exterior signage, remove Landlord shall maintain the signage in accordance with the Sign Requirements (defined herein) at Tenant’s sole cost and expense. If exterior signage uses any electricity, Tenant shall pay the electrical costs associated therewith (as reasonably allocated by Landlord among all tenant’s having sign panels illuminated). Prior to the end of such property and storethe Term, sell or otherwise deal with such propertywithin five days after this Lease or Tenant’s right to possess the Premises has been terminated, and undertakeLandlord, at Tenant’s sole cost and expense, shall remove all signage and repair all damage caused thereby and restore all such areas to its condition before the installation of the applicable signage, including the removal of any discoloration caused by the presence of the sign and Tenant shall reimburse Landlord promptly upon demand for all costs related to such removal, repair and restoration work as Landlord deems necessary or advisablework. The rights granted to Tenant under this Article 31 are personal to the originally-named Tenant and may not be assigned to any party other than a Permitted Transferee.

Appears in 2 contracts

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

In General. Landlord hereby acknowledges and agrees that Tenant desires to have more of Tenant’s employees possess and utilize parking cards than the number of parking passes rented by Tenant. Accordingly, subject to the terms of this Section 6, Landlord hereby agrees that, upon not less than thirty (30) days’ notice from Tenant from time to time (a “Flex Parking Pass Notice”), Tenant shall be permitted to convert up to (but not more than) a total of 70% of Tenant’s unreserved parking passes to “Flex Parking Passes,” which Flex Parking Passes may be utilized by Tenant upon and subject to the terms of this Section 6. For purposes hereof, a “Flex Parking Pass” shall be an unreserved parking pass rented by Tenant (which shall continue to be rented by Tenant at unreserved parking rates pursuant to the terms of the Lease) in connection with which Landlord shall issue two (2) parking cards for each such Flex Parking Pass, with such parking cards to be used by Tenant as provided for herein. Use of Flex Parking Passes shall be subject to the following: (i) all parking cards associated with Flex Parking Passes may be issued by Tenant only to Tenant’s employees (each, a “Flex Parking Pass Holder”), (ii) all Flex Parking Pass Holders shall enter the Building parking facility through the “visitor” (not monthly) entry lane, (iii) the first Flex Parking Pass Holders that seek to enter the parking facilities on any particular day, up to the number of Flex Parking Passes then rented by Tenant (the “Maximum Number of Flex Pass Entries”), shall be permitted in the Building parking facilities to park, and (iv) any Flex Parking Pass Holders that attempt to enter the parking facilities after the Maximum Number of Flex Pass Entries shall, notwithstanding that such employees shall hold a parking card, be denied access to the parking facilities (provided that the foregoing shall not limit or prohibit such employees from entering the Building parking facilities as a visitor (in which case such employees shall be required to pay Landlord’s posted visitor parking charges)). All parking cards issued by Landlord with respect to Flex Parking Pass shall be paid for by Tenant within thirty (30) days following receipt of demand by Landlord. As of the date of this Eighth Amendment, the charge for parking cards is $15.00 per card. Landlord hereby agrees that such amount shall not increase following the date hereof, except to the extent of any actual increase in the cost to Landlord of providing such parking cards. For clarity purposes, (a) Upon in no event shall the Termination Datenumber of Flex Parking Pass Holders that park in the Building parking facilities at any particular time exceed the number of Flex Parking Passes rented by Tenant (notwithstanding the number of parking cards issued for Flex Parking Passes, but Landlord acknowledges and agrees that any individual holding a parking card issued in connection with the Flex Parking Passes rented by Tenant may be among those individuals parking in the Building parking facilities at any particular time (subject to the foregoing limitation set forth in this item (a)), (b) in no event shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at aggregate number of vehicles entering the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed Building parking facilities pursuant to Tenant’s parking rights under the Workletter attached hereto Lease, as Exhibit Bamended hereby, or any Tenant Alterations exceed the aggregate of (x) the number of reserved parking passes rented by Tenant, (y) the number of standard unreserved parking passes (i.e., non-reserved, non-Flex Parking Passes, which shall be referred to herein as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, Leasehold ImprovementsStandard Unreserved Parking Passes”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, rented by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (bz) the number of Flex Parking Passes rented by Tenant, (c) the rules associated with Flex Parking Passes shall not impact or reduce the rights of holders of Standard Unreserved Parking Passes and reserved parking passes rented by Tenant from entering the Building parking facilities at any Alterations that, time in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess accordance with the terms of the removal Lease, and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. d) Tenant shall repair damage caused by have the installation or removal of Required Removables. If Tenant fails right to perform its obligations re-convert Flex Parking Passes back to Standard Unreserved Parking Passes from time to time upon not less than thirty (30) days’ notice (in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, case Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsconcurrently return to Landlord the parking cards associated with such relinquished Flex Parking Passes). In Except as otherwise set forth herein, the event possession terms of the Premises is not delivered Lease shall be applicable to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work Flex Parking Passes in the same manner as Landlord deems necessary or advisableunreserved parking passes.

Appears in 2 contracts

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

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Tenant Alterations made by Tenant (and specifically excluding the Landlord Work) that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). , Required Removables may shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) . Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the proposed Tenant Alteration or any portion of the proposed Tenant Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration proposed Tenant Alterations are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Sublease (Berkeley Lights, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all of Tenant’s Personal Property, including, subject to Section 6.04, cabling for any of the foregoing; however, Tenant shall not be entitled to remove any of Tenant’s Improvements. Additionally, Tenant shall be entitled to remove all such Tenant Additions which at the time of their installation Landlord and to the PremisesTenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectivelyTenant Additions containing Hazardous Material. In addition, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation Tenant shall, if requested by Landlord prior to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date, remove the 125 KVA ONAN emergency generator and the 2 door Hazardous Material Container listed forth on Exhibit E attached hereto. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Maxygen Inc)

In General. (a) Upon Landlord covenants that as of the Termination Date, Tenant shall surrender and vacate the 6350 Substitute Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear the 6350 Substitute Premises and tearthe parking areas serving the 6350 Building, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant shall be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto in material compliance with all Applicable Laws in effect as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove 6350 Substitute Premises Commencement Date (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may which Applicable Laws shall include, without limitation, internal stairwaysthe Americans with Disabilities Act as applied by local governmental entities to the Building). If, raised floorswithin the first (1st) year following Landlord’s delivery of the 6350 Substitute Premises to Tenant, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before it is discovered that Landlord failed to deliver the Termination Date. Tenant shall repair damage caused 6350 Substitute Premises in material compliance with all Applicable Laws in effect as of the 6350 Substitute Premises Commencement Date as required by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely mannerimmediately preceding sentence, Landlord may perform such work at Tenant’s expense. (b) Tenantshall, at its sole cost and expense and without reimbursement from Tenant of any kind, correct any material deficiency in such condition promptly following receipt of written notice thereof from Tenant within such one (1) year period if and to the time it requests approval for extent (A) each such compliance with Applicable Laws obligation is not required as a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion result of the Alteration is a Required Removable. Within 10 days after receipt misconduct, breach, fault or negligence of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If or any of the other Tenant Additions which were installed by Parties, (B) Landlord's failure to comply with such Applicable Laws would prohibit Tenant involved from obtaining or maintaining a certificate of occupancy for the lowering 6350 Substitute Premises, or create a significant health hazard for Tenant's employees, or would unreasonably and materially affect (x) the operation of ceilingsTenant's business from the 6350 Substitute Premises, raising or (y) the safety of floors or Tenant's employees, and (C) is not the installation responsibility of specialized wall or floor coverings or lightsTenant under the Lease (as amended); provided, thenhowever, unless otherwise approved to the extent compliance work is undertaken by Landlord which is not required pursuant to the foregoing, the costs incurred in writingconnection therewith shall be subject to the Operating Expense provisions of the Lease (i.e., such costs shall only be includable in Operating Expenses and passed through to the Tenant to the extent permitted by the Lease). Any such work by Landlord needed to bring the 6350 Substitute Premises and/or the parking areas serving the 6350 Building into material compliance with all Applicable Laws ("Landlord's Compliance Work") may be undertaken at the same time Tenant constructs the Improvements in the 6350 Substitute Premises pursuant to the provisions of the Work Letter, and Tenant shall also be obligated to return promptly and diligently cooperate and comply with Landlord’s construction schedule for such surfaces to their condition prior to work. identifying Tenant's name or logo located at the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession top of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may 6350 Building (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.on the east­facing elevation facing Sequence Drive) in one (1) location;

Appears in 1 contract

Samples: Sublease (Dexcom Inc)

In General. Any alterations, additions, deletions, modifications or utility installations in, of or to the improvements contained within the Premises (collectively, "ALTERATIONS") shall be installed at Tenant's expense and only in accordance with detailed plans and specifications, construction methods, and, to the extent applicable, all appropriate permits and licenses, all of which have been previously submitted to and approved in writing by Landlord, and by a professionally qualified and licensed contractor and subcontractors reasonably approved by Landlord. No Alterations in or to the Premises may be made without (a) Upon Landlord's prior written consent, which shall not be unreasonably withheld, and (b) compliance with such reasonable, nondiscriminatory requirements and construction regulations concerning such Alterations as Landlord may impose from time to time. Landlord shall not unreasonably withhold its consent with respect to proposed Alterations (and shall grant or deny such consent within twenty (20) business days following Landlord's receipt of Tenant's request therefor [together with all relevant information required by Landlord with respect to such Alterations], stating detailed reasons for denial, if applicable). Landlord will not be deemed to unreasonably withhold its consent to any Alteration that violates Regulations, may materially, adversely affect or be incompatible with the Termination DateBuilding's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems, or the appearance of the interior common areas or exterior of the Project, or which may unreasonably interfere with the use or occupancy of any other portion of the Project. All Alterations made in or upon the Premises shall, (i) at Landlord's option, either be removed by Tenant prior to the end of the Term (and Tenant shall surrender and vacate restore the portion of the Premises affected to its condition existing immediately and deliver possession thereof prior to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit Bsuch Alteration), or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon on the Premises at the end of the Term without compensation (provided that in the event that Tenant's request for approval of any Alterations shall request a designation pursuant to Tenant. Landlordthis item (i), however, by written notice Landlord shall indicate in its approval (if applicable) of the applicable Alteration whether or not the same shall be required to Tenant be removed prior to the expiation of the Term in accordance with this Section 12.1(bthe terms hereof), and (ii) may require be constructed, maintained, insured and used by Tenant, at its risk and expense, to remove (a) any Cable installed by or for the benefit of Tenantin a good and workmanlike manner, and in accordance with all Regulations. Tenant shall reimburse Landlord for all actual, out-of-pocket costs which Landlord may incur in connection with granting approval to Tenant for any such Alterations, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications, and shall pay Landlord an administration fee of seven and one half percent (b7.5%) of the cost of the Alterations as additional rent hereunder (provided that such administration fee shall be reduced to 5% in connection with any cosmetic Alterations thatwhich do not require Landlord's consent pursuant to Paragraph 7.1.2, below). If any Alteration made or initiated by Tenant or the removal thereof shall cause, trigger or result in any portion of the Project outside of the Premises, any portion of the Building's shell and core improvements (including restrooms, if any) within the Premises, or any Building system inside or outside of the Premises being required by any governmental authority to be altered, improved or removed, or may otherwise potentially affect such portions of the Project or any other tenants of the Project, Landlord shall have the option (but not the obligation) of performing the same at Tenant's expense, in which case Tenant shall pay to Landlord (within thirty (30) days of Landlord’s 's written demand) in advance Landlord's reasonable judgmentestimate of the cost of such work, are and any actual costs of a nature that would require removal and repair costs that are materially such work in excess of Landlord's estimate, plus an administrative charge of ten percent (10%) thereof. At least ten (10) days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the removal expected commencement date of that construction to permit Landlord to post and repair costs associated with standard record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office improvements of the recorder of the county in which the Building is located. In the event Tenant fails to so record the notice of completion as required pursuant to this Paragraph 7.1, then such failure shall not, in and of itself, constitute a default hereunder but Tenant shall indemnify, defend, protect and hold harmless Landlord and the Landlord Parties from any and all loss, cost, damage, expense and liability (collectively referred to as “Required Removables”). Required Removables may includeincluding, without limitation, internal stairways, raised floors, personal baths court costs and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed reasonable attorneys' fees) in connection with such failure by Tenant before to so record the Termination DateNotice of Completion as required hereunder. Tenant shall repair damage caused by have the installation or removal of Required Removables. If Tenant fails right to use non-union contractors to perform its obligations in all or a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration Alterations, but only to the extent (A) Tenant provides Landlord with prior written notice of its request to hire a non-union contractor, and (B) hiring non-union contractors does not violate any contracts to which Landlord is a Required Removableparty;. Within 10 days after receipt of Tenant’s requestprovided, Landlord shall advise however, if Tenant chooses to use nonunion labor and, in writing as to which portions of Landlord's reasonable opinion, labor harmony with the Alteration are Required Removables. If any of workforce or trades engaged in performing the Tenant Additions which were installed by Tenant involved work, labor or services in or about the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightsProject is disturbed, then, unless otherwise approved following written notice received by Landlord in writingTenant from Landlord, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyI) immediately cease using all nonunion labor, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable(II) hire only union labor.

Appears in 1 contract

Samples: Office Lease (L90 Inc)

In General. (a) Upon Landlord covenants that as of the Termination Date, Tenant shall surrender and vacate the 6350 Substitute Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear the 6350 Substitute Premises and tearthe parking areas serving the 6350 Building, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant shall be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto in material compliance with all Applicable Laws in effect as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove 6350 Substitute Premises Commencement Date (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may which Applicable Laws shall include, without limitation, internal stairwaysthe Americans with Disabilities Act as applied by local governmental entities to the Building). If, raised floorswithin the first (1st) year following Landlord’s delivery of the 6350 Substitute Premises to Tenant, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before it is discovered that Landlord failed to deliver the Termination Date. Tenant shall repair damage caused 6350 Substitute Premises in material compliance with all Applicable Laws in effect as of the 6350 Substitute Premises Commencement Date as required by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely mannerimmediately preceding sentence, Landlord may perform such work at Tenant’s expense. (b) Tenantshall, at its sole cost and expense and without reimbursement from Tenant of any kind, correct any material deficiency in such condition promptly following receipt of written notice thereof from Tenant within such one (1) year period if and to the time it requests approval for extent (A) each such compliance with Applicable Laws obligation is not required as a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion result of the Alteration is a Required Removable. Within 10 days after receipt misconduct, breach, fault or negligence of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If or any of the other Tenant Additions which were installed by Parties, (B) Landlord's failure to comply with such Applicable Laws would prohibit Tenant involved from obtaining or maintaining a certificate of occupancy for the lowering 6350 Substitute Premises, or create a significant health hazard for Tenant's employees, or would unreasonably and materially affect (x) the operation of ceilingsTenant's business from the 6350 Substitute Premises, raising or (y) the safety of floors or Tenant's employees, and (C) is not the installation responsibility of specialized wall or floor coverings or lightsTenant under the Lease (as amended); provided, thenhowever, unless otherwise approved to the extent compliance work is undertaken by Landlord which is not required pursuant to the foregoing, the costs incurred in writingconnection therewith shall be subject to the Operating Expense provisions of the Lease (i.e., such costs shall only be includable in Operating Expenses and passed through to the Tenant to the extent permitted by the Lease). Any such work by Landlord needed to bring the 6350 Substitute Premises and/or the parking areas serving the 6350 Building into material compliance with all Applicable Laws ("Landlord's Compliance Work") may be undertaken at the same time Tenant constructs the Improvements in the 6350 Substitute Premises pursuant to the provisions of the Work Letter, and Tenant shall also be obligated to return promptly and diligently cooperate and comply with Landlord’s construction schedule for such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablework.

Appears in 1 contract

Samples: Sublease (Dexcom Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, except for ordinary wear and tear, and damage caused by Landlord or by fire or other casualty (but such exception with respect to fire or Landlord excepted; provided, however, that under no circumstances will Tenant be required other casualty shall not alter or derogate from Tenant's (a) obligations to remove the Landlord Work any property of Tenant or improvements, whether damaged or not, (b) insurance obligations under Article Sixteen with respect to Tenant Work performed pursuant Additions or (c) obligations with respect to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant Tenant's Share of its required removal pursuant to this Section 12.1(bOperating Expenses). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and to the PremisesTenant's trade fixtures, including any Alterations (collectively, “Leasehold Improvements”) equipment and office furniture. Tenant shall remain upon be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions and restore the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove as follows: (a) any Cable installed by Tenant Work, Tenant Alterations, trade fixtures or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. equipment containing Hazardous Materials; (b) Tenant's racking (but Tenant will not be required to remove bolts relating to the racking system so long as they are ground flush with the floor surface and any voids patched), at Tenant's freezers and coolers, Tenant's swamp coolers and connections thereto, and any other installation which Tenant is required to remove pursuant to any other provision of the time it requests approval for a proposed AlterationLease (by way of example and not limitation, may request including the Standby Generator Installations as provided in writing that Section 6.07 and the Propane Tank as provided in Section 6.08); (c) Landlord advise Tenant whether hereby reserves the Alteration right upon expiration or any earlier termination to require Tenant to remove the portion of the Alteration mezzanine which is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing not over the office area (as to which portions installed as part as part of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated toWork for Tenant's initial occupancy), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.; and

Appears in 1 contract

Samples: NNN Lease (United Natural Foods Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord Landlord, casualty, condemnation and latent defects excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) Tenant shall remain upon remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions, which at the end time of the Term without compensation to Tenant. Landlord, however, by written notice to their installation Landlord and Tenant in accordance with this Section 12.1(b) agreed may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Materials. Landlord agrees to close notify Tenant within fifteen (15) days of receipt of complete Construction Drawings for Tenant's initial Tenant Improvement Work (as defined in the Workletter) what if any staircases portion of that Tenant Improvement Work Landlord will require Tenant to remove upon termination of the Lease. Landlord agrees not to require Tenant to remove any Additions that it did not specifically specify for removal at the time of its approval of such Additions, as described in Section 9.01 hereof. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, furnishings or other openings between floorsTenant Additions. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items to the extent Tenant is required to as described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableindemnity obligations provided in that Section.

Appears in 1 contract

Samples: Office Lease (Northpoint Communications Group Inc)

In General. (a) Upon Subject to complying with all Legal Requirements and Tenant obtaining all necessary approvals, permits and consents from the Termination Dateapplicable governmental authorities, Tenant shall surrender have a preferential right to occupy and vacate use portions of the roof of the Building which size is reasonably approved in advance by Landlord and in a location to be reasonably agreed upon by Landlord and Tenant (the “Roof Space”) to install a telecommunications satellite dish and related conduit connecting the satellite dish to the Premises immediately (collectively the “Roof Improvements”); provided that for any Building where Tenant is the sole tenant or occupant, Tenant shall have exclusive rights to the Roof Space of such Building. Tenant shall be solely responsible for the cost of and deliver possession thereof shall be responsible for obtaining any required governmental approvals (including but not limited to change in zoning, if necessary) for the Roof Improvements and installation, use and maintenance thereof. In addition, Tenant shall be responsible for maintaining, repairing, insuring, removing and providing utility service to the Roof Improvements. The failure of Tenant to obtain any necessary approvals, licenses or permits to use and/or install any Roof Improvements shall not entitle Tenant to any Rent reduction or enable Tenant to terminate this Lease; the installation of the Roof Improvements is at Tenant’s sole risk, expenses and cost. In connection with Tenant’s installation of the Roof Improvements, Tenant shall not penetrate the roof or roof membrane or make any structural modifications to the Building(s); any such penetration or structural modifications shall be performed by Landlord at Tenant’s cost, as determined by Landlord in as cleanits sole discretion. Landlord shall have the right to require Tenant to obtain a report of a reputable, good independent third-party structural engineer prior to installation of any Roof Improvements. Tenant agrees to indemnify and tenantable condition as existed at hold Landlord harmless from and against any costs, damages or expenses related to Tenant’s installation, use, repair, maintenance or removal of the Commencement DateRoof Improvements including any adverse impact to or voiding of any of any roof warranties or Construction Warranties. Upon completion of any Roof Improvements, ordinary wear Tenant shall provide Landlord with as-built plans (or reasonably marked plans) and tearoperating manuals for the same. Upon expiration of the Term or earlier termination the Lease, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will may require Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain Roof Improvements upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) or Tenant may require Tenant, at its expense, elect to remove (athe same. If Tenant removes the Roof Improvements or any portion thereof, it shall repair the applicable portion(s) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred Roof Space to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by condition existing prior to the installation or removal of Required Removablesthereof. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, remove the Roof Improvements at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether expiration of the Alteration Term or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestearly termination thereof, Landlord shall advise Tenant in writing have the right, but not the obligation to remove the same, restore any damage caused thereby, and charge Tenant, as to which portions Additional Rent hereunder, the cost of the Alteration are Required Removablesremoval and the restoration plus a ten percent (10%) administrative fee. If any The provisions of this Section 23 shall survive the termination or early expiration of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Should Tenant shall also cease to be required the Sole Occupant (or ceases to close be the sole tenant or occupant of any staircases or other openings between floors. In individual Building), then the event possession Roof Space for those Buildings will be clarified in a subsequent amendment to this Lease which will reduce Tenant’s use of the Premises is not delivered Roof Space to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any based on the proportionate share of such property and storeBuilding(s) occupied by Tenant, sell without unreasonably restricting access or otherwise deal with use by other tenants or occupants of such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableBuilding(s).

Appears in 1 contract

Samples: Commercial Lease (Neurocrine Biosciences Inc)

In General. (a) Upon the Termination Date, Tenant Txxxxx shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and teartear excepted, and any damage from casualty and condemnation, and damage caused by casualty or Landlord excepted; providedLandlord, however, that under no circumstances will Tenant shall be required to remove governed by the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant provisions of its required removal pursuant to this Section 12.1(b)Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of TenantCable, and (b) any Alterations Tenant Additions that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding anything in this Section 12.1 to the contrary, failure by Txxxxx to strictly comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.

Appears in 1 contract

Samples: Office/Laboratory Lease (OmniAb, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, except for ordinary wear and tear, damage from a casualty resulting in termination of this Lease, and damage caused the presence of Hazardous Materials not released by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b)Parties. Tenant shall deliver to Landlord all keys to the Premises. All improvements Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.03, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Alterations which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Alterations reasonably required by Landlord to be removed (other than Tenant Work, excluding the removal of storefront glass, described in and Schedule 1 to the PremisesExhibit B, which may be surrendered), including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Datecontaining Hazardous Material. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Alterations, shall advise close all floor, ceiling and roof openings caused by Tenant in writing as to which portions of the Alteration are Required Removables(if any). If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightslights (other than Tenant Work, thenexcluding the removal of storefront glass, unless otherwise approved by Landlord described in writingSchedule 1 to Exhibit B, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsfloors created by Tenant (if any). Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Alterations as to whether Landlord will reasonably require that such Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Alterations containing Hazardous Material and all Tenant’s trade fixtures, and cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Bolt Biotherapeutics, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) Tenant shall remain upon remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Alterations which at the end time of the Term without compensation to Tenant. Landlord, however, by written notice to their installation Landlord and Tenant in accordance with this Section 12.1(b) agreed may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateTenant. Tenant shall also remove such other Tenant Alterations as required by Landlord, including, any Tenant Alterations containing Hazardous Materials. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request's property, Landlord furnishings or Tenant Alterations, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may may, (but shall not be obligated to), ) at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding the foregoing, however, (i) Tenant shall only be required to remove those Tenant Alterations that Landlord requires in writing ("Removal Notice") be removed upon the termination of this Lease, which Removal Notice shall be given at the time Landlord approves the installation of such Tenant Alterations and only if Tenant provides Landlord with notice of any Tenant Alterations together with a request for a Removal Notice, and (ii) in no event shall Tenant be required to remove any Initial Improvements installed in connection with the work performed pursuant to Exhibit C attached hereto and made a part hereof.

Appears in 1 contract

Samples: Office Lease Agreement (Citadel Security Software Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures, including, subject to Section 6.04, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectivelyTenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, “Leasehold Improvements”) furnishings, Tenant's Personal Property or Tenant Additions, shall remain upon close all floor, ceiling and roof openings and shall restore the Premises at the end of the Term without compensation to Tenant. a tenantable condition as reasonably determined by Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord's approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant's trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant's personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Exact Sciences Corp)

In General. This Lease shall be subject and subordinate to all Mortgages and Superior Leases, unless any Mortgagee or Lessor of any such Mortgages and/or Superior Leases, as applicable, require in writing that this Lease be superior thereto. Tenant covenants and agrees in the event any proceedings are brought for the foreclosure of any Mortgage or deed in lieu thereof (aor if any Superior Lease is terminated), to attorn to the lienholder or purchaser or any successors thereto upon any such foreclosure sale or deed in lieu thereof (or to the Lessor), if so requested to do so by such purchaser or lienholder or Lessor, and to recognize such purchaser or lienholder or Lessor as the landlord under this Lease. This Section 9.1 shall be self-operative, but within ten (10) Upon the Termination Datedays of request from a Mortgagee (or Lessor), Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord execute a commercially reasonable subordination agreement in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end favor of the Term without compensation to Tenant. LandlordMortgagee (or Lessor) (i) evidencing such attornment, however, by written notice to Tenant in accordance with this Section 12.1(b(ii) may require Tenant, at its expense, to remove (a) any Cable installed by or for setting forth the benefit terms and conditions of Tenant's tenancy, (iii) providing Tenant's tenancy will not be disturbed in the absence of a default hereunder by Tenant which is not cured within applicable periods of notice and cure hereunder, and (biv) any Alterations thatcontaining such other commercially reasonable terms and conditions as may be required by such Mortgagee (or Lessor), in Landlord’s reasonable judgmentprovided such terms and conditions do not increase the Rent, are of a nature that would require removal materially increase Tenant's other obligations or materially and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at adversely affect Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of 's rights under this Lease. Tenant hereby irrevocably authorizes Landlord to execute and deliver in the name of Tenant any such agreement if Tenant fails to do so, provided that such authorization shall also in no way relieve Tenant from the obligation of executing such agreement of subordination or superiority. Landlord's interest herein may be required assigned as security at any time to close any staircases lienholder. Tenant waives the provisions of any current or other openings between floors. In future statute, rule or law which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of the Tenant hereunder in the event possession of the Premises is not delivered to Landlord when required hereunder, any foreclosure proceeding or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablesale.

Appears in 1 contract

Samples: Lease (Catasys, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateAdditions containing Hazardous Material. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings, Tenant’s Personal Property or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixture& In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Exact Sciences Corp)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.03, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateAdditions containing Hazardous Material. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, (i) Tenant shall not be required to remove the initial Tenant Work (provided that it is substantially consistent with the Alia Test Fit Plan dated January 4, 2013 prepared by WHL Architects*Planners, Inc.), and (ii) if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Work or Tenant Alterations containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, expense such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (ARMO BioSciences, Inc.)

In General. (a) Upon the Termination Date, Tenant Xxxxxx shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at on the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of TenantCable, and (b) any Landlord Work or Tenant Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements improvements, as applicable (collectively referred to as “Required Removables”). Required Removables may shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Paragraph 12 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) . Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the proposed Tenant Alteration or any portion of the proposed Tenant Alteration is a Required Removable. Within 10 days after receipt of TenantXxxxxx’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration proposed Tenant Alterations are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office/Laboratory Lease (Aduro Biotech, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by Landlord or insured casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) Tenant shall remain upon remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the end time of the Term without compensation to Tenant. Landlord, however, by written notice to their installation Landlord and Tenant in accordance with this Section 12.1(b) agreed may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateTenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including, any Tenant Additions containing Hazardous Materials. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (Amber Road, Inc.)

In General. (a) Upon Landlord covenants that as of the Termination Date, Tenant shall surrender and vacate the Substitute Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear the Substitute Premises and tearthe parking areas serving the 6260 Building, shall be in material compliance with all Applicable Laws in effect as of the Substitute Premises Commencement Date. If, within the first (1st) year following Landlord's delivery of the Substitute Premises to Tenant, it is discovered that Landlord failed to deliver the Substitute Premises in material compliance with all Applicable Laws in effect as of the Substitute Premises Commencement Date as required by the immediately preceding sentence, Landlord shall, at its sole cost and expense and without reimbursement from Tenant of any kind, correct any material deficiency in such condition promptly following receipt of written notice thereof from Tenant within such one (1) year period if and to the extent (A) each such compliance with Applicable Laws obligation is not required as a result of the misconduct, breach, fault or negligence of Tenant or any of the other Tenant Parties, (B) Landlord's failure to comply with such Applicable Laws would prohibit Tenant from obtaining or maintaining a certificate of occupancy for the Substitute Premises, or create a significant health hazard for Tenant's employees, or would unreasonably and materially affect (x) the operation of Tenant's business from the Substitute Premises, or (y) the safety of Tenant's employees, and damage caused by casualty or Landlord excepted(C) is not the responsibility of Tenant under the Lease (as amended); provided, however, that under no circumstances will Tenant be to the extent compliance work is undertaken by Landlord which is not required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit Bforegoing, or any the costs incurred in connection therewith shall be subject to the Operating Expense provisions of the Lease (i.e., such costs shall only be includable in Operating Expenses and passed through to the Tenant Alterations as to which the extent permitted by the Lease). Any such work by Landlord failed needed to advise bring the Substitute Premises and/or the parking areas serving the 6260 Building into material compliance with all Applicable Laws ("Landlord's Compliance Work") may be undertaken at the same time Tenant of its required removal constructs the Improvements in the Substitute Premises pursuant to this Section 12.1(b). the provisions of the Work Letter, and Tenant shall deliver to Landlord all keys to the Premises. All improvements in promptly and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. diligently cooperate and comply with Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or 's construction schedule for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expensework. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (Entropic Communications Inc)

In General. If (I) Landlord does not deliver exclusive possession of the Expansion Premises to Tenant by September 1, 2015 or (II) Landlord does not deliver exclusive possession of the Expansion Premises materially in the Required Expansion Premises Condition by September 1, 2015 and with respect to the foregoing item (II), (a) Upon Tenant timely delivers the Expansion Repair Notice with respect to the Required Expansion Premises Condition, (b) the defect or non-completion of the Required Expansion Premises Condition item as identified in the Expansion Repair Notice unreasonably and materially interferes with Tenant’s use of the Expansion Premises, (c) the condition of disrepair with respect to the Building Systems was not caused by Tenant or any “Tenant Parties,” as that term is defined in Section 10.1 of this Lease, or the delay in the substantial completion of the Demising Work was not caused by any acts or omissions of Tenant or any Tenant Parties (“Tenant Delay”) or Force Majeure (which shall exclude for purposes of this Section 2.3, any holdover of the Expansion Premises by an existing tenant), and (d) Tenant does not actually use the Expansion Premises as a result of such condition of disrepair of the Building System or delay in the substantial completion of the Demising Work (the foregoing (a)-(d) shall collectively be referred to as the “Rent Credit Conditions”), then the sole and exclusive remedy of Tenant at law or in equity with respect to the foregoing item (I) or with respect to the foregoing item (II) for such state of disrepair of the Building Systems or delayed completion of the Demising Work (other than requiring Landlord to correct such condition of disrepair or complete such Demising Work as required by this Lease) shall be the right to receive a Base Rent credit for the Base Rent due under this Lease for the Expansion Premises only for each day of delay after September 1, 2015 through the date actual possession of the Expansion Premises has been delivered to Tenant, with respect to the foregoing item (I) or the date actual possession of the Expansion Premises has been delivered materially in the Required Expansion Premises Condition with respect to the foregoing item (II). The foregoing credit shall not apply in the event any condition of disrepair of the Building Systems or delay in the substantial completion of the Demising Work is caused by any Tenant Delay or Force Majeure, in which event the Lease Commencement Date shall occur on September 1, 2015 without any delay or extension. In addition, if Landlord does not deliver possession of the Expansion Premises to Tenant or if Landlord does not deliver possession of the Expansion Premises to Tenant materially in the Required Expansion Premises Condition by March 31, 2016 (“Outside Delivery Date”) and such delay is not caused by any Tenant Delay or Force Majeure (not to exceed sixty (60) days), then the sole and exclusive remedy of Tenant at law or in equity for such failure shall be the right of Tenant to deliver notice to Landlord (“Delay Termination Notice”) of Tenant’s election to terminate this Lease with respect to the Expansion Premises only effective upon the date occurring ten (10) days following Landlord’s receipt of the Delay Termination Notice (“Delay Notice Termination Date”). The Outside Delivery Date shall be extended to the extent of any Tenant Delays or delays caused by Force Majeure (not to exceed sixty (60) days). Subject to the terms of this Section 2.3, Tenant shall surrender Landlord hereby acknowledges and vacate agrees that, notwithstanding the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at occurrence of the Lease Commencement Date, ordinary wear if Landlord has not delivered possession of the Expansion Premises to Tenant or if Landlord has not delivered possession of the Expansion Premises to Tenant materially in the Required Expansion Premises Condition by September 1, 2015 and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required such delay is not due to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to Delays, then Tenant’s rights and obligations under this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations Lease (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may includeincluding, without limitation, internal stairwaysTenant’s obligation to commence paying Rent, raised floorsobtain insurance, personal baths repair and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before maintain the Termination Date. Tenant shall repair Expansion Premises (unless damage caused by Tenant) with respect to the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Expansion Premises and Tenant’s expense. (bright to lease parking spaces allocated to the Expansion Premises or assign or sublease the Expansion Premises) Tenant, at shall not commence until the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion earlier to occur of the Alteration is a Required Removable. Within 10 days after receipt (i) date of Tenant’s request, Landlord shall advise Tenant in writing as to which portions such delivery of the Alteration are Expansion Premises materially in the Required Removables. If any of Expansion Premises Condition and (ii) date Tenant commences to conduct business from the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableExpansion Premises.

Appears in 1 contract

Samples: Office Lease (TrueCar, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by Landlord, casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any damage and Tenant Alterations as to which Landlord failed to advise Tenant states may be surrendered at the termination of its required removal pursuant to this Section 12.1(b)the Lease excepted. Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.4, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions, which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Alterations as required by Landlord at the time Landlord consented to the PremisesTenant Alterations, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Datecontaining Hazardous Materials. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Alterations, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.2(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Transcept Pharmaceuticals Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) Tenant shall remain upon remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Alterations which at the end time of the Term without compensation to Tenant. Landlord, however, by written notice to their installation Landlord and Tenant in accordance with this Section 12.1(b) agreed may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateTenant. Tenant shall also remove such other Tenant Alterations as required by Landlord, including, any Tenant Alterations containing Hazardous Materials. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Alterations, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may may, (but shall not be obligated to), ) at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding the foregoing, however, (i) Tenant shall only be required to remove those Tenant Alterations that Landlord requires in writing (“Removal Notice”) be removed upon the termination of this Lease, which Removal Notice shall be given at the time Landlord approves the installation of such Tenant Alterations and only if Tenant provides Landlord with notice of any Tenant Alterations together with a request for a. Removal Notice, and (ii) in no event shall Tenant be required to remove any Initial Improvements installed in connection with the work performed pursuant to Exhibit C attached hereto and made a part hereof.

Appears in 1 contract

Samples: Office Lease Agreement (E2open Inc)

In General. (a) Upon In the Termination Dateevent that Tenant disputes the amount of Additional Rent set forth in any annual Statement or Supplemental Statement delivered by Landlord, then subject to the terms of Section 4.6.2, below, Tenant shall surrender have the right to cause a reputable, qualified, independent real estate services firm or audit/review company, working primarily on a non-contingency fee basis (individually and vacate collectively, "Tenant's Auditor") to inspect, review and audit Landlord's accounting records for the Premises immediately and deliver possession thereof Expense Year covered by such Statement during normal business hours ("Tenant Review"). As a condition precedent to Landlord in as cleanany such inspection, good and tenantable condition as existed at the Commencement Date, ordinary wear and tearTenant shall cause such Tenant's Auditor to enter into a reasonable confidentiality agreement with Landlord, and damage caused by casualty to follow Landlord's reasonable rules and regulations relating to such inspection, and, in any event, Tenant and the Tenant's Auditor shall maintain in strict confidence any and all information obtained in connection with the Tenant Review and shall not disclose such information to any person or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant entity other than to the Workletter attached hereto management personnel, lawyers, accountants, assignees and/or subtenants of Tenant (subject to such parties' agreement to maintain such information confidential as Exhibit Bset forth herein). Any Tenant Review shall take place in Landlord's office or at such other location in San Mateo or Los Angeles County as Landlord may reasonably designate, or any and Landlord will provide Tenant Alterations with reasonable access to personnel as to which Landlord failed to advise is reasonably necessary for the Tenant Review and reasonable use of its required removal pursuant to this Section 12.1(b)such available office equipment, but may charge Tenant for telephone calls and photocopies at Landlord's actual cost. Tenant shall deliver provide Landlord with not less than thirty (30) days' notice of its desire to conduct such Tenant Review. In connection with the foregoing review, Landlord all keys shall furnish Tenant with such reasonable supporting documentation relating to the Premisessubject Statement as Tenant may reasonably request. All improvements In no event shall Tenant have the right to conduct such Tenant Review if Tenant is then in and Default under the Lease with respect to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant's monetary obligations, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may includeincluding, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed the payment by Tenant before of all Additional Rent amounts described in the Termination Date. Tenant shall repair damage caused by Statement which is the installation or removal subject of Required Removables. If Tenant fails to perform its obligations in a timely mannerTenant's Review, Landlord may perform such work which payment, at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration's election, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsmade under dispute. In the event possession that following Tenant's Review, Tenant and Landlord continue to dispute the amounts of Additional Rent shown on Landlord's Statement and Landlord and Tenant are unable to resolve such dispute, then either Landlord or Tenant may submit the matter to arbitration pursuant to Article 22 of this Lease and the proper amount of the Premises is not delivered disputed items and/or categories of Direct Expenses to be shown on such Statement shall be determined by such proceeding producing an Arbitration Award (as defined in Article 22 below). The Arbitration Award shall be conclusive and binding upon both Landlord when required hereunderand Tenant. If the resolution of the parties' dispute with regard to the Additional Rent shown on the Statement or Supplemental Statement, pursuant to the Arbitration Award reveals an error in the calculation of Tenant's Share of Direct Expenses to be paid for such Expense Year, the parties' sole remedy shall be for the parties to make appropriate payments or reimbursements, as the case may be, to each other as are determined to be owing. Any such payments shall be made within thirty (30) days following the resolution of such dispute; provided that if Landlord fails to make such payment within such time period, Tenant may treat any overpayments resulting from the foregoing resolution of such parties' dispute as a credit against Rent until such amounts are otherwise paid by Landlord. Tenant shall fail be responsible for all costs and expenses associated with Tenant's Review, and Tenant shall be responsible for all reasonable audit fees of Tenant, as well as attorney's fees and related costs of both Landlord and Tenant relating to remove those items described abovean Arbitration Award (collectively, Landlord may (but shall not be obligated tothe "Costs"), at Tenant’s expenseprovided that if the parties' final resolution of the dispute involves the overstatement by Landlord of Direct Expenses for such Expense Year in excess of three percent (3%), remove any then Landlord shall be responsible for all Costs. Subject to the terms of such property and storeSection 4.6.2, sell or otherwise deal with such propertybelow, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethis provision shall survive the termination of this Lease to allow the parties to enforce their respective rights hereunder.

Appears in 1 contract

Samples: Lease Agreement (Rovi Corp)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof not make, or permit to Landlord in as cleanbe made, good and tenantable condition as existed at the Commencement Dateany alterations, ordinary wear and tearchanges, and damage caused by casualty enlargements, improvements or Landlord excepted; providedadditions (collectively "Alterations") in, howeveron, that under no circumstances will Tenant be required to remove the Landlord Work about or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit BPremises, or any Tenant part thereof, including Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to Paragraph 6.2, without the prior written consent of Landlord and without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Section 12.1(bParagraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels). Tenant shall deliver to Landlord all keys , air conditioning, and fixed wall partitioning in the Premises made by Tenant, regardless of how affixed to the Premises. All improvements As a condition to the giving of its consent, Landlord may impose such requirements as Landlord may reasonably deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord's actual costs incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord. Tenant shall give written notice to Landlord five (5) days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable Laws and in a first-class workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethe Premises.

Appears in 1 contract

Samples: Net Lease Agreement (Cruel World Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, casualty damage and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) . Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof not make, or permit to Landlord in as cleanbe made, good and tenantable condition as existed at the Commencement Dateany alterations, ordinary wear and tearchanges, and damage caused by casualty enlargements, improvements or Landlord excepted; providedadditions (collectively “Alterations”) in, howeveron, that under no circumstances will Tenant be required to remove the Landlord Work about or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit BPremises, or any Tenant part thereof, including Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to Paragraph 6.2, without the prior written consent of Landlord and without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term “Alterations” as used in this Section 12.1(bParagraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit, outlets, drops, bxxx ducts, main and subpanels). Tenant shall deliver to Landlord all keys , air conditioning, and partitioning in the Premises made by Tenant, regardless of how affixed to the Premises. All improvements As a condition to the giving of its consent, Landlord may impose such requirements as Landlord may deem necessary in its sole discretion, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed (which approval shall not be unreasonably withheld); the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord’s actual costs incurred in reviewing any proposed Alteration, whether or not Landlord’s consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, in accordance with the plans and specifications approved by Landlord. Tenant shall give written notice to Landlord five (5) days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable Laws and in a good and workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethe Premises.

Appears in 1 contract

Samples: Net Lease Agreement (Mellanox Technologies, Ltd.)

In General. Declarant reserves the right, from time to time prior to ten (10) years from the date of Recording of this Condominium Declaration, to add portions of the Development Area to the Condominium Property and submit such portions to the Act and this Condominium Declaration by Recording a supplement to this Condominium Declaration (a "Supplemental Declaration"), as hereinafter provided. For the purposes of this Article, any portion of the Development Area which is made subject to the Act and this Condominium Declaration as part of the Condominium Property by a Supplemental Declaration shall be referred to as "Added Property", any Dwelling Units in the Added Property shall be referred to as "Added Dwelling Units". In making Added Property subject to the Act and this Condominium Declaration, the following shall apply: (a) Upon Any buildings located on the Termination Date, Tenant Added Property shall surrender be substantially similar in design and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant construction to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as buildings which are initially planned to which Landlord failed to advise Tenant of its required removal pursuant be made subject to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expenseCondominium Declaration. (b) Tenant, Added Property may be made subject to the Condominium Declaration at different times; there is no limitation on the time it requests approval for a proposed Alteration, order in which Added Property may request in writing that Landlord advise Tenant whether the Alteration or any be made subject to this Condominium Declaration; and no particular portion of the Alteration Development Area must be made subject to this Condominium Declaration. (c) The maximum number of Dwelling Units which may be made subject to this Condominium Declaration is 72. (d) Any Added Dwelling Units which are made subject to this Condominium Declaration pursuant to this Article shall be compatible with or of substantially the same style, floor plan, size and quality as the Dwelling Units initially made subject to this Condominium Declaration. (e) If the Condominium has been approved by FHA and FHA insures or holds a Required Removable. Within 10 days after receipt mortgage on a Dwelling Unit, no additional property may be added to the Condominium Property without the prior written consent of Tenant’s requestFHA; provided, Landlord that, such consent shall advise Tenant in writing as be conclusively deemed to have been given with respect to a Supplemental Declaration which portions submits Added Property to the Act and Condominium Declaration where the addition of the Alteration are Required Removables. If any Added Property is in substantial conformity with the development plan for the Development Area which was submitted to FHA in connection with an application for approval by FHA of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableCondominium.

Appears in 1 contract

Samples: Declaration of Condominium Ownership

In General. Effective on the Lease Commencement Date and throughout the Lease Term, Tenant shall be responsible for selecting (ain its sole and absolute discretion), furnishing and paying, directly to the service provider, for all utilities servicing the Premises. Prior to or on the actual Lease Commencement Date, Landlord shall notify utility companies servicing the Premises and request that Landlord’s accounts be closed as of the Lease Commencement Date (“Account Closure Date”), and Landlord concurrently shall notify Tenant of the Account Closure Date. Tenant shall be responsible for contacting the service provider and having all utilities servicing the Building and Premises transferred into Tenant’s name prior to the Account Single Tenant/Single Parcel Initial: Closure Date in order to avoid the utilities to the Building and Premises being terminated. Tenant understands and acknowledges that Landlord shall not be liable to Tenant if the utilities to the Building and/or Premises are disconnected and/or terminated for any reason whatsoever, except in the event of a Landlord Parties’ intentional act to disrupt the source of utilities for Tenant’s use, in which event, Tenant shall have the right to xxxxx Rent on the portion of the Building that is unusable until the utilities arc restored if Tenant reasonably determines that the interruption in utilities has substantially interfered with Xxxxxx’s use of the Premises and Xxxxxx’s conduct of business for more than ten (10) consecutive business days. Upon the Termination Lease Commencement Date, Tenant shall surrender pay promptly, as the same become due, all charges for water, gas, electricity, telephone, telex, fiber and vacate other electronic communication service, sewer service, waste pick-up and any other utilities, materials or services furnished directly to or used by Tenant on or about the Building and/or Premises immediately and deliver possession thereof to Landlord in as cleanduring the Lease Term, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may includeincluding, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation any temporary or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases permanent utility surcharge or other openings between floors. In the event possession of the Premises is exactions whether or not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablehereinafter imposed.

Appears in 1 contract

Samples: Sublease Agreement (CymaBay Therapeutics, Inc.)

In General. Motorized vehicles of any kind, including motorcycles and mopeds, are prohibited in the Bicycle Storage Area, as is the storage of any property other than Bicycles. Each rider shall use the Bicycle Storage Area at is sole risk. Landlord specifically reserves the right to reasonably change the location, size, configuration, design, layout and all other aspects of the Bicycle Storage Area at any time (aprovided that no such action will materially diminish the capacity of the Bicycle Storage Area on other than a reasonably temporary basis), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Bicycle Storage Area for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord has no obligation to provide any security whatsoever in connection with the Bicycle Storage Area except as expressly set forth in this Section 5.3. Landlord shall provide twenty-four (24) Upon hours per day, seven (7) days per week, reasonable access control services for the Termination DateGeneral Bicycle Storage Area in a manner materially consistent with the services provided by landlords of Comparable Buildings. As set forth in Section 5.3.2 above, Tenant shall surrender and vacate be responsible for the Premises immediately and deliver possession thereof provision of any access control services for the Tenant Bicycle Storage Area. Notwithstanding anything to Landlord the contrary set forth in as cleanthis Section 5.3, good and tenantable condition as existed at except to the Commencement Date, ordinary wear and tear, and damage extent caused by casualty Landlord’s or its agents’ employees and/or contactors’ negligence or willful misconduct, Landlord excepted; provided, however, that under shall in no circumstances will Tenant case be required to remove the Landlord Work liable for personal injury or Tenant Work performed pursuant property damage for any error with regard to the Workletter attached hereto as Exhibit Badmission to or exclusion from the Bicycle Storage Area of any person. Upon the expiration or earlier termination of this Lease, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver have removed all Bicycles belonging to Landlord all keys to its employees from the Premises. All improvements in Bicycle Storage Area and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its Tenant's sole cost and expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair all damage to the Bicycle Storage Area caused by the installation or removal of Required RemovablesTenant's property therefrom (excepting normal wear and tear therefrom), and if Tenant fails to repair such damage, Landlord may undertake such repair on account of Tenant and Tenant shall pay to Landlord upon demand the reasonable and actual cost of such repair. If Tenant fails to perform its obligations in a timely mannerremove any Bicycles at the expiration or earlier termination of this Lease, Landlord may perform dispose of said Bicycles in such work at Tenant’s expenselawful manner as it shall determine in its sole and absolute discretion, but in any event in a manner in compliance with Applicable Laws. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (Atlassian Corp PLC)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate not make or permit to be made any alterations, changes, enlargements, or improvements (collectively "alterations") in, on, about or to the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any part thereof, without obtaining the prior written consent of Landlord which can't be unreasonably withheld or delayed and without acquiring and complying with the conditions of all permits required for such alterations by any governmental authority having jurisdiction thereof. The term "alterations" as used in this Paragraph 12 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, buss xxxts, main and subpanels), air conditioning and partitioning in the Premises made by Tenant Alterations as to which Landlord failed to advise Tenant regardless of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys how affixed to the Premises. All improvements As a condition to the giving of its consent, Landlord may impose such requirements as Landlord may deem necessary in its sole discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; and the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord's actual costs incurred in reviewing any proposed alteration, whether or not Landlord's consent is granted. In the event Landlord consents to the making of any alterations by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord's agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. In making any such alterations Tenant shall give written notice to Landlord five (5) days prior to employing any laborer or contractor to perform services related to or receiving materials for use upon the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable laws, ordinances, regulations and codes and in a first-class workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by all governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethe Building.

Appears in 1 contract

Samples: Lease (Nhancement Technologies Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by Landlord or by casualty or Landlord condemnation excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) Tenant shall remain upon remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the end time of the Term without compensation to their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove, as required by Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove : (a) any Cable installed by existing improvements in the Initial Premises or for the benefit of Tenantany Tenant Alterations hereafter containing Hazardous Material, if any, and (b) any other Tenant Alterations thathereafter except for those Landlord approves without notice to Tenant identifying which, if any, such improvements must be removed. Provided however, Landlord shall be required at the time of approval to so notify Tenant that removal is required only if, at the time Tenant requests such approval, Tenant's request also specifies in Landlord’s reasonable judgmentall capital letters that Landlord must identify any Tenant Alterations which Landlord will require Tenant to remove and refers to this Section of the Lease, are of a nature that would and if Tenant fails to so specify, then Landlord has the right to require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before on or about the Termination Date. Tenant shall repair damage caused by Notwithstanding the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. foregoing: (bi) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If if any of the existing improvements in the Initial Premises or Tenant Additions hereafter which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Lease and (ii) Tenant shall also be required to close any staircases or other openings between floorsfloors now existing or hereafter consented to by Landlord. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (Calico Commerce Inc/)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as cleana clean and, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, casualty and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and Tenant shall be entitled to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon remove from the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit all movable personal property of Tenant, Tenant’s trade fixtures and (b) any Alterations that, in Landlord’s reasonable judgment, are such Tenant Additions which at the time of a nature that would require removal their installation Landlord and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables Tenant agreed may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateTenant. Tenant shall also remove any Tenant Additions containing Hazardous Materials and such other Tenant Additions as required by Landlord upon installation to be removed. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a clean and good condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this LeaseLease unless Landlord agreed to accept such alterations at the time of approving the same. Tenant shall also be required to close any staircases or other openings between floorsfloors occasioned by any Tenant Additions. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may may, (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, property as provided in Section 11.02(d) therefrom without any liability to Landlord and undertake, at Tenant’s expense, expense such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Rewards Network Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, damage by fire or other casualty and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All Tenant shall be entitled to remove from the Premises all movable personal property of Tenant, Tenant's trade fixtures and such Tenant Additions which at the time of their installation Landlord and Tenant agreed in writing may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord consisting of computer floors, new stairwells and staircases, specialty plumbing, supplemental cooling units, bracing of floors, any structural alterations, vaults, safes or any other non-standard office Tenant Additions (but specifically excluding white noise systems, voice/data risers cabling (except as otherwise provided in Section 19 of the Rider), wall coverings, floor coverings and lights), as well as any Tenant Additions containing materials which, as of the Termination Date, are Hazardous Materials requiring remediation under applicable Laws. Except as set forth in the preceding sentence, Tenant shall not be required to remove any Tenant Additions. Tenant shall not be required to remove any improvements in and (or to reconfigure the Premisesspace, including the removal of any Alterations Existing Improvements (collectively, “Leasehold Improvements”as hereinafter defined) shall remain upon or other openings between floors) that existed within the Premises at on the end date that possession of the Term without compensation Premises was first delivered to Tenant. Without limitation of the generality of the preceding sentence, the parties acknowledge and agree that as of the date of this Lease, staircases and a studio exist in the Premises (such existing staircases and studio being referred to herein as the "Existing Improvements"), and that Tenant shall have no obligation to remove the Existing Improvements upon expiration or earlier termination of this Lease. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, furnishings or Tenant Additions, shall close all floor, ceiling and roof openings (except as provided above) and shall restore the Premises to a tenantable condition as reasonably determined by Landlord, however, by written notice subject to the preceding requirements as to which Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall Additions must be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, ceilings or raising of floors or the installation of specialized wall or floor coverings or lightsfloors, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease, reasonable wear and tear excepted. Tenant shall also be required to close any staircases or other openings between floorsfloors which did not exist on the date possession of the Premises was delivered to Tenant or which were installed as part of Tenant's Work, except if in the place previously occupied by a staircase. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)may, at Tenant’s 's reasonable expense, remove any of such property and store, sell or otherwise deal with such property, therefrom without any liability to Landlord and undertake, at Tenant’s 's reasonable expense, such restoration work as Landlord deems necessary or advisable. Tenant obligations under this Section 12.1 shall survive expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (FSP 303 East Wacker Drive Corp.)

In General. (a) Upon the Termination Date, Tenant Xxxxxx shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and teartear excepted, and any damage from casualty and condemnation, and damage caused by casualty or Landlord excepted; providedLandlord, however, that under no circumstances will Tenant shall be required to remove governed by the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant provisions of its required removal pursuant to this Section 12.1(b)Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of TenantCable, and (b) any Alterations Tenant Additions that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.. Notwithstanding anything in this Section 12.1 to the contrary, failure by Xxxxxx to strictly comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises. 00056263.8 44

Appears in 1 contract

Samples: Office/Laboratory Lease (Ligand Pharmaceuticals Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at on the Commencement Date, ordinary wear and tear, and damage caused by Landlord, casualty or Landlord and condemnation excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Tenant Alterations (a) as so identified, a “Required Removable”); provided, however if requested by Tenant at the time it requests approval for a proposed Tenant Alteration, Landlord shall advise Tenant at the time of granting such consent whether the proposed Tenant Alteration or any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess portion of the removal and repair costs associated with standard office proposed Tenant Alteration is a Required Removable. In no event shall any improvements (collectively referred to existing in the Premises as of the Date of this Lease be a Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modificationsRemovable. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s reasonable expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, . Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s reasonable expense, such restoration work as Landlord deems reasonably necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (XOMA Corp)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate not make, or permit to be made, any alterations, removals, changes, enlargements, improvements or additions (collectively “Alterations”) in, on, about or to the Premises immediately and deliver possession thereof to Landlord in as cleanPremises, good and tenantable condition as existed at the Commencement Dateor any part thereof, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be including Alterations required to remove the Landlord Work or Tenant Work performed pursuant to Paragraph 6.2, without the Workletter prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. Landlord hereby consents to Tenant making the Alterations shown on the demo floor plan and floor plan attached hereto as Exhibit BC, or any provided Tenant Alterations complies with all the other provisions of Paragraph 13 and 17 with respect to such Alterations. The term “Alterations” as to which Landlord failed to advise used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, xxxx ducts, main and subpanels), air conditioning and partitioning in the Premises made by Tenant regardless of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys how affixed to the Premises. All improvements As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor (not to be unreasonably withheld, delayed or conditioned) by whom the work is to be performed (it being agreed that Tenant may use non-union labor); the times during which the work is to be accomplished; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord’s actual costs for outside consultants incurred in reviewing any proposed Alteration (other than with respect to the Initial Tenant Improvements referred to in Section 2.3 below), whether or not Landlord’s consent is granted. No completion bond shall be required to be posted by Tenant with respect to any Alteration unless the estimated cost of the Alterations comprising a work of improvement (as reasonably determined by Landlord) is greater than Five Hundred Thousand Dollars ($500,000.00), in which event Landlord reserves the right to require that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, substantially in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord’s agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall give written notice to Landlord five (5) days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable Laws and in a first-class workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises without Landlord’s prior written consent (which may be given or withheld in Landlord’s sole and absolute discretion) or make any changes to the Premises which would weaken or impair the structural integrity of the Building or adversely affect any of such property and store, sell the building systems serving the Building or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablePremises.

Appears in 1 contract

Samples: Net Lease Agreement (Proteinsimple)

In General. (a) Upon Except as specifically set forth in the Termination DateWork Letter and the Lease as amended by this Second Amendment, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Substitute Premises, and Tenant shall surrender and vacate accept the Substitute Premises immediately and deliver possession thereof to in its presently existing, “as-is” condition. Tenant also acknowledges that neither Landlord in as cleannor any agent of Landlord has made any representation or warranty regarding the condition of the Substitute Premises, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty 3721 Building or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work Project or Tenant Work performed pursuant with respect to the Workletter attached hereto suitability of any of the foregoing for the conduct of Tenant's business, except 701285.05/WLA214064-00137/12-20-12/eg/eg XXXXXX CENTRE DEL MAR[Second Amendment/Substitute Premises Amendment][Volcano Corporation] as Exhibit B, or specifically set forth in the Lease (as amended) and the Work Letter. Notwithstanding any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys provision to the Premises. All improvements contrary contained in and to the PremisesLease (as amended), including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, howeverLandlord may, by written notice to Tenant in accordance with this Section 12.1(b) may Tenant, given at the time of Landlord's consent to the particular Improvements, require Tenant, at its Tenant's expense, to remove (a) any Cable installed by or for such Improvements in the benefit of TenantSubstitute Premises, and (b) to repair any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require damage to the Substitute Premises and the 3721 Building caused by such removal and repair costs that are materially in excess restore and patch the affected portions of the removal Substitute Premises to a building standard improved condition as determined by Landlord (i.e., clean up and repair costs associated with standard office paint the impacted areas without having to build-out brand new improvements (collectively referred to as “Required Removables”for potential future tenants). Required Removables may includeWith respect to the Substitute Premises, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall at all times be permitted to remove any portable clean room(s) and any specialized equipment or specialized trade fixtures of Tenant (and not paid for my Landlord) in the Substitute Premises regardless of whether or not such items are attached to the Substitute Premises (provided Tenant will repair any damage caused by such removal, and restore and patch the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which affected portions of the Alteration are Required RemovablesSubstitute Premises to a building standard improved condition as determined by Landlord (i.e., clean up and paint the impacted areas without having to build-out brand new improvements for potential future tenants)). If Notwithstanding any provision to the contrary contained herein, Landlord and Tenant expressly acknowledge and agree that the provisions of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior Work Letter attached to the commencement of this Lease. Tenant Office Lease as Exhibit B shall also be required inapplicable with respect to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertySubstitute Premises, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethat any and all references to the Improvement Allowance set forth in the Office Lease shall be inapplicable with respect to the Substitute Premises.

Appears in 1 contract

Samples: Office Lease (Volcano Corp)

In General. (a) Upon the Termination Date, Tenant Xxxxxx shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and teartear excepted, with all trade fixtures, personal property and Required Removables (as defined below in this Section 12.1) removed therefrom, and any damage from casualty and condemnation, and damage caused by casualty or Landlord excepted; providedLandlord, however, that under no circumstances will Tenant shall be required to remove governed by the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant provisions of its required removal pursuant to this Section 12.1(b)Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of TenantCable, and (b) any Alterations Tenant Additions that Landlord designated for removal at the time of consent that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. In no event shall the Required Removables include any of the Landlord Work. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding anything in this Section 12.1 to the contrary, failure by Xxxxxx to strictly comply with the provisions of this Section 12.1 with respect to any trade fixtures, personal property or Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.

Appears in 1 contract

Samples: Office/Laboratory Lease (BioAge Labs, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof not make, or permit to Landlord in as cleanbe made, good and tenantable condition as existed at the Commencement Dateany alterations, ordinary wear and tearremovals, and damage caused by casualty changes, enlargements, improvements or Landlord excepted; providedadditions (collectively “Alterations”) in, howeveron, that under no circumstances will Tenant be required to remove the Landlord Work about or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit BPremises, or any Tenant part thereof, including Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term “Alterations” as used in this Section 12.1(bParagraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit, outlets, drops, bxxx ducts, main and subpanels). Tenant shall deliver to Landlord all keys , air conditioning, and partitioning in the Premises made by Tenant, regardless of how affixed to the Premises. All improvements As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord’s actual costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord’s consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, in accordance with the plans and specifications approved by Landlord. Tenant shall give written notice to Landlord five (5) days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall be made in accordance with applicable Laws and in a first-class workmanlike manner. Tenant shall also be required further agrees to close provide Landlord with updated CAD architectural drawings whenever any staircases or other openings between floorsAlterations are completed. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethe Premises.

Appears in 1 contract

Samples: Net Lease Agreement (Laserscope)

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In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof not make, or permit to Landlord be made, ---------- any alterations, changes, enlargements, improvements or additions (collectively "Alterations") in as cleanexcess of Five Thousand Dollars ($5,000) in, good and tenantable condition as existed at the Commencement Dateon, ordinary wear and tear, and damage caused by casualty about or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit BPremises, or any part thereof, without the prior written consent of Landlord (which shall not be unreasonably withheld or delayed) and without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, xxxx ducts, main and subpanels), air conditioning and partitioning in the Premises made by Tenant Alterations as to which Landlord failed to advise Tenant regardless of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys how affixed to the Premises. All improvements As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary in its sole discretion, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord's actual costs incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord's agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall give written notice to Landlord five days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable Laws and in a first-class workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethe Building.

Appears in 1 contract

Samples: Net Lease Agreement (Symphonix Devices Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateAdditions containing Hazardous Material. Tenant shall promptly repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In addition, Tenant shall not be required to remove any generic office improvements ( i.e. those office improvements which are suitable or customary for general office use in single floor premises). In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (XOOM Corp)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateAdditions containing Hazardous Material. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and ‘shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work (or any changes thereto) or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work (or any changes thereto) or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove the Restroom Work at the expiration or earlier termination of this Lease. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (INSU Acquisition Corp. II)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by Landlord and damage from casualty or Landlord excepted; provided, however, that under no circumstances will and the presence of Hazardous Materials not released by Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b)Parties excepted. Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures, including, subject to Section 6.04, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectivelyTenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, “Leasehold Improvements”) furnishings or Tenant Additions, shall remain upon close all floor, ceiling and roof openings and shall restore the Premises at the end of the Term without compensation to Tenant. a tenantable condition as reasonably determined by Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsfloors created by Tenant, if any. Notwithstanding any of the foregoing to the contrary: (i) Landlord will not require Tenant to remove such Tenant Work as is described in the Preliminary Plans (as defined in the Workletter), or is consistent with or a logical, detailed expression of the Preliminary Plans; or (ii) if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any other Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord's approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alteration(s) be removed by Tenant from the Premises; provided however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant's trade fixtures, and, subject to Section 6.04, cabling installed for Tenant's personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Argonaut Technologies Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, except for ordinary wear and tear, and damage caused by Landlord or by fire or other casualty (but such exception with respect to fire or Landlord excepted; provided, however, that under no circumstances will Tenant be required other casualty shall not alter or derogate from Tenant's (a) obligations to remove the Landlord Work any property of Tenant or improvements, whether damaged or not, (b) insurance obligations under Article Sixteen with respect to Tenant Work performed pursuant Additions or (c) obligations with respect to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant Tenant's Share of its required removal pursuant to this Section 12.1(bOperating Expenses). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and to the PremisesTenant's trade fixtures, including any Alterations (collectively, “Leasehold Improvements”) equipment and office furniture. Tenant shall remain upon be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions and restore the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove as follows: (a) any Cable installed by Tenant Work, Tenant Alterations, trade fixtures or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. equipment containing Hazardous Materials; (b) Tenant's racking (but Tenant will not be required to remove bolts relating to the racking system so long as they are ground flush with the floor surface and any voids patched), Tenant's freezers and coolers, Tenant's swamp coolers and connections thereto, and any other installation which Tenant is required to remove pursuant to any other provision of the Lease (by way of example and not limitation, including the Standby Generator Installations as provided in Section 6.07 and the Propane Tank as provided in Section 6.08); (c) Landlord hereby reserves the right upon expiration or any earlier termination to require Tenant to remove the portion of the mezzanine which is not over the office area (as installed as part as part of the Landlord Work for Tenant's initial occupancy); and (d) any other Tenant Addition if at the time it requests of Landlord's approval for a proposed Alterationof such Tenant Addition, may request in writing Landlord notifies Tenant that Landlord advise Tenant whether reserves the Alteration right to elect upon expiration or any portion earlier termination to require Tenant to remove it. Except as otherwise provided in the following sentences of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestthis Section, Landlord shall advise not require Tenant to replace the existing slab which Tenant proposes to remove under the area in writing as which Tenant seeks to install freezers and coolers, and will not require Tenant to remove the new slab and sub-slab support, insulation and plumbing under the freezers and coolers, which portions of the Alteration are Required Removables. If any of the Tenant Additions which were to be installed by Tenant involved the lowering of ceilingsTenant, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise so long as all such removal and installations are in accordance with plans and specifications approved by Landlord and Tenant as described in writingthe Workletter. Notwithstanding Landlord's approval of the initial plans and specifications for the design and initial installation of any Tenant Work or Tenant Alterations, including the above-described flooring and sub-floor areas under the freezers and coolers, Tenant shall also remain responsible to repair or replace any of such Tenant Work or Tenant Alterations (excluding any Tenant is required or permitted to remove) which on the Termination Date are defective or not in as good condition as, and matching with, other original components of the Building, ordinary wear and tear excepted. For such purposes, by way of example and not limitation, it is agreed that if upon the Termination Date, the new flooring under the freezers and coolers does not properly join to and match the original floor (in undamaged condition) with respect to flatness, fitness, hardness and floor-loading capacity, Tenant, at Tenant's expense, shall be obligated to return such surfaces repair or replace it, as appropriate. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to their a tenantable condition or to the condition of the Premises prior to the commencement of this Lease. the Landlord Work or Tenant shall also be required to close any staircases or other openings between floorsWork. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord reasonably deems necessary or advisable.

Appears in 1 contract

Samples: NNN Lease (United Natural Foods Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.02, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateAdditions containing Hazardous Material. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (National Mercantile Bancorp)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and Tenant shall be entitled to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon remove from the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit all movable personal property of Tenant, Tenant's trade fixtures and (b) any such Tenant Alterations that, in Landlord’s reasonable judgment, are which at the time of a nature that would require removal their installation Landlord and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables Tenant agreed may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateTenant. Tenant shall also remove such other Tenant Alterations as required by Landlord, including, but not limited to, any Tenant Alterations containing Hazardous Materials. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request's property, Landlord furnishings or Tenant Alterations, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)may, at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property, therefrom without any liability to Landlord and undertake, at Tenant’s expense, 's expense such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (Gateway Energy Corp/Ne)

In General. (a) Upon the Termination Date, Tenant Xxxxxx shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and teartear excepted, and any damage from casualty and condemnation, and damage caused by casualty or Landlord excepted; providedLandlord, however, that under no circumstances will Tenant shall be required to remove governed by the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant provisions of its required removal pursuant to this Section 12.1(b)Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of TenantCable, and (b) any Alterations Tenant Additions that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding anything in this Section 12.1 to the contrary, failure by Xxxxxx to strictly comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.

Appears in 1 contract

Samples: Office/Laboratory Lease (Avista Public Acquisition Corp. II)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good condition and tenantable condition as existed at the Commencement Daterepair, ordinary wear and tear, casualty damage, condemnation, Landlord’s repair obligations and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant Without limitation of the foregoing, Tenant shall have no obligation to remove any Landlord Work (including the Tenant Improvements) or Decoration Work installed by or for Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) by written notice to Tenant at least 30 days prior to the Termination Date, to remove any Cable installed by or for the benefit of Tenant, and (b) pursuant to Section 9.1(a), to remove any Tenant Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office and lab improvements (collectively referred to as “Required Removables”). Required Removables may shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. Landlord’s failure to designate any Tenant Alteration as a Required Removable at the time of Landlord’s approval pursuant to Section 9.1(a) shall be deemed Landlord’s confirmation that such Tenant Alteration is not a Required Removable. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, thenthen , unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Amyris Biotechnologies Inc)

In General. (a) Upon Subject to the Termination Dateprovisions of Exhibit B, Tenant shall surrender and vacate be deemed to have accepted the Premises immediately as being in good, sanitary order, condition and deliver possession thereof repair upon Landlord’s delivery, except for uncompleted items listed on a written “punch list” delivered to Landlord in as clean, good and tenantable condition as existed at within 5 days after Landlord’s delivery of the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required Premises to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b)Tenant. Tenant shall deliver to Landlord shall, at Tenant’s sole cost and expense, keep the Premises and every part thereof, including Tenant’s all keys to the Premises. All improvements signs in and to about the Premises, including any Alterations in good and sanitary order, condition and repair (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation except as hereinafter provided with respect to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may includeobligations) including, without limitation, internal stairwaysthe maintenance, raised floorsreplacement and repair of any and all storefront, personal baths doors, door assemblies, window casements, glazing, plumbing, pipes, electrical wiring and showersconduits, vaultsand heating, rolling file systems air conditioning and structural alterations ventilating system (the “HVAC system”) exclusively servicing the Premises. Tenant shall obtain and modificationskeep in effect during the term of this Lease a service contract for repair and maintenance of the HVAC system, said maintenance contract to conform to the requirements under the warranty, if any, on said HVAC system and otherwise to be in form and substance reasonably satisfactory to Landlord in its discretion. The designated Required Removables Landlord agrees to make available to Tenant any warranties in effect with respect to the HVAC system, but only to the extent permitted under the terms of such warranties. A duplicate copy of such contract and any amendments or renewals thereof shall be removed delivered by Tenant before to Landlord within five (5) days after Tenant first obtains such contract, renewal or amendments. Tenant shall contract for termite and pest extermination services for the Termination Premises with a licensed pest control service provider, which contract shall provide that such services are to be rendered no less frequently than semi-annually. A duplicate copy of such contract and any amendments or renewals thereof shall be delivered by Tenant to Landlord within five (5) days after Tenant obtains such contract, renewal or amendment. Such contract shall provide that the first such service shall rendered within thirty (30) days after the Commencement Date. Tenant shall repair cause all damage to adjacent premises caused by Tenant’s or others’ use of the installation or removal of Required Removables. If Tenant fails Premises to perform its obligations be repaired promptly in a timely mannergood, Landlord may perform such work workmanlike manner by licensed contractors approved by Landlord, and otherwise in a manner reasonably acceptable to Landlord, at Tenant’s sole cost and expense. (b) Tenant. In addition to the foregoing, if so required by Landlord in Landlord’s sole and absolute discretion, Tenant shall, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestsole cost and expense, Landlord shall advise Tenant renovate the leasehold improvements in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed Premises promptly in a good, workmanlike manner by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise licensed contractors approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their a condition prior to consistent with the commencement standards of the other premises located within the Project at least once during each five (5) year period during the Term of this Lease. If Tenant shall also be refuses or neglects to carry out any maintenance, repairs and replacements properly as required pursuant to close any staircases or other openings between floors. In this Paragraph 11.1 to the event possession reasonable satisfaction of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described aboveLandlord, Landlord may (may, but shall not be obligated to, upon thirty (30) days prior written notice (or such longer period as may be required to complete such work provided Tenant has within such thirty (30) days commenced such work and diligently pursues it to completion), at or such shorter notice as may be appropriate in an emergency, perform such maintenance, repairs and replacements without being liable for any loss or damage that may result to Tenant’s expensemerchandise, remove any of such fixtures or other property or to Tenant’s business by reason thereof and store, sell or otherwise deal with such propertywhich cannot be avoided by Landlord acting in a commercially reasonable manner, and undertakeupon completion thereof, at TenantTenant shall pay to Landlord, upon demand, both Landlord’s expensereasonable costs relating to any such maintenance, repairs and replacements plus a sum equal to fifteen percent (15%) thereof representing Landlord’s overhead. Tenant agrees that the making of any maintenance, repairs and replacements by Landlord pursuant to this Paragraph 11.1, is not a re-entry or a breach of any covenant of quiet enjoyment contained in this Lease or implied by law. Tenant shall give Landlord sufficient advance notice prior to the making of all non-emergency repairs and improvements to the Premises or any portion thereof so as to give Landlord an adequate and reasonable opportunity to post such restoration notices of non-responsibility and to perform other acts in a manner which Acceptance provisions may need to be more specific when substantial landlord work as will be performed between execution and delivery. Request favored nations language. If only tenant performing, pest problem likely not resolved. will protect Landlord deems necessary from the imposition of mechanics’ and materialmen’s liens with respect thereto. Landlord indemnify against existing or advisablethird party actions.

Appears in 1 contract

Samples: Lease Agreement

In General. Except for painting the interior walls of the Premises, re-carpeting of the carpeted areas of the Premises and minor or decorative alterations to the interior of the Premises which (ai) Upon do not impair the Termination Dateintegrity of the Building Structure, (ii) do not adversely affect any of the Building Systems serving the Premises or Building, (iii) are not visible from outside of the Building (iv) do not cost in excess of Seventy-Five Thousand Dollars ($75,000.00) per improvement project or Five Hundred Thousand Dollars ($500,000.00) during the Term of this Lease, as such Term may be extended and (v) are not Specialty Alterations as defined below (collectively, “Cosmetic Alterations”), Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit Bnot make, or permit to be made, any Tenant alterations, removals, changes, enlargements, improvements or additions, including, without limitation, Specialty Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and defined below (collectively “Alterations”) in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed) and without acquiring and complying with the conditions of all permits required for such Alterations by any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenantgovernmental authority having jurisdiction thereof. Landlord, however, by written notice to Landlord acknowledges that Landlord will advise Tenant in accordance with this Section 12.1(bwriting of (i) may require Tenant, at its expense, to remove (a) any Cable installed by grant or denial of consent for the benefit of Tenantsuch Alterations, and (bii) whether Landlord will require Tenant to remove any Specialty Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal (as defined below) and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair any damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations such removal, in a timely manner, Landlord may perform such work at Tenant’s expense. each case within ten (b10) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 business days after Landlord’s receipt of Tenant’s requestwritten notice to Landlord requesting the same. At the time Tenant requests Landlord’s consent to any Specialty Alterations, Tenant shall request a decision from Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by whether Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)will require Tenant, at Tenant’s expense, to remove any of such property Specialty Alterations and store, sell or otherwise deal repair any damage caused by such removal. If Landlord fails to respond with such propertyten (10) business day period, then Tenant may deliver a second written notice to Landlord containing the same request as provided above, which second notice shall contain the following provisions in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove at Lease Termination any such Specialty Alterations described in Tenant’s second notice to Landlord as provided above. For purposes of this Lease “Specialty Alterations” shall mean “Specialty Alterations” shall mean any of the following Alterations: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs; (c) conveyors and dumbwaiters; (d) any Alterations which (i) perforate a floor slab in the Premises or a wall that encloses/encapsulates the Building Structure, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core); (e) special security equipment, and undertake(f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. Tenant shall not be obligated to obtain Landlord’s prior written consent to any Cosmetic Alterations referred to above, and Cosmetic Alterations shall not be Specialty Alterations, but such Cosmetic Alterations shall be subject to all of the other terms and conditions of this Paragraph 13.1 and 13.2 below. The term “Alterations” as used in this Paragraph 13 shall also include, without limitation, all heating, lighting, electrical (including all wiring, conduit outlets, drops, xxxx ducts, main and subpanels), air conditioning and partitioning in the Premises made by Tenant regardless of how affixed to the Premises. As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a reasonable right of approval of the contractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord for Alterations costing in excess of $250,000.00; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord’s actual and reasonable costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord’s consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord’s agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall give written notice to Landlord five (5) business days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, and prior to the commencement of any work of improvement on the Premises. Any Alterations, including, without limitation, Cosmetic Alterations, to the Premises made by Tenant or any of its agents, employees, contractors, subcontractors or other representatives shall be made in accordance with applicable Laws and in a first-class workmanlike manner. In making any such Alterations, Tenant shall, at Tenant’s sole cost and expense, such restoration work as file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the integrity of the Building Structure or adversely affect any of the Building Systems serving the Building or Premises. Landlord deems necessary agrees not to charge any construction management or advisablesupervision fee for any Alterations, including those Alterations which would require Landlord’s consent pursuant to the terms above.

Appears in 1 contract

Samples: Net Lease Agreement (Bloom Energy Corp)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof not make, or permit to Landlord in as cleanbe made, good and tenantable condition as existed at the Commencement Dateany alterations, ordinary wear and tearremovals, and damage caused by casualty changes, enlargements, improvements or Landlord excepted; providedadditions (collectively "Alterations") in, howeveron, that under no circumstances will Tenant be required to remove the Landlord Work about or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit BPremises, or any Tenant part thereof, including Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Section 12.1(bParagraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, buss xxxts, main and subpanels). , air conditioning and partitioning in the Premises made by Tenant shall deliver to Landlord all keys regardless of how affixed to the Premises. All improvements As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord's actual costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord's agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall give written notice to Landlord five days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable Laws and in a first-class workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethe Building.

Appears in 1 contract

Samples: Net Lease Agreement (Laserscope)

In General. Improvements to the Premises shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and by engineers, contractors and subcontractors which have been previously approved in writing by Landlord, which approval shall be governed by the provisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the reasonable discretion of Landlord) (a) Upon the Termination DateBuilding’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), (b) the exterior appearance of the Building, or (c) the provision of services to other Building occupants, if applicable. Except as expressly provided in Section 8(g) below, Tenant shall surrender and vacate not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at without the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant prior written consent of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, howeverwhich consent may be withheld in Landlord’s reasonable discretion. In connection with any alteration, addition or improvement made by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant8(a), at its expenseTenant shall reimburse Landlord for Landlord’s actual out-of-pocket expenses. All alterations, to remove additions and improvements made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of such alterations, additions or improvements. Notwithstanding the foregoing: (a) Tenant shall not be required to remove any Cable installed by alterations, additions or for the benefit of Tenant, and (b) any Alterations thatimprovements which, in Landlord’s reasonable judgmentestimation, are of a nature that would require removal constitute generic and repair costs that are materially in excess of the removal and repair costs associated with standard customary office improvements (collectively referred and which are approved by Landlord as and to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths the extent required under this Lease; and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) upon Tenant’s specific, written request at the time it requests seeks Landlord’s approval for a proposed Alterationof any alteration, may request Lease Agreement (Triple Net) – 0000 Xxxxxxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxx addition or improvement (including the Work), Landlord agrees to indicate in writing whether such alteration, addition or improvement constitutes generic and customary office improvements and, if not, whether Landlord will require such alteration, addition or improvement to be removed upon the expiration or earlier termination of this Lease, and if Landlord fails to indicate a requirement that Landlord advise Tenant whether the Alteration such alteration, addition or any portion of the Alteration is a Required Removable. Within 10 improvement be removed, and such failure continues for more than ten (10) business days after receipt of Tenant’s requesta second specific, written request from Tenant (which second request states the following in bold, capital letters: “THIS IS THE SECOND REQUEST FOR LANDLORD’S REMOVAL DETERMINATION PURSUANT TO SECTION 8(a)(1) OF THE LEASE, AND LANDLORD’S FAILURE TO RESPOND WITHIN TEN (10) BUSINESS DAYS WILL RESULT IN NO REQUIREMENT THAT TENANT REMOVE THE ITEMS IN QUESTION”), then Tenant shall not be required to remove such alteration, addition or improvement. Landlord shall advise acknowledges that, as part of the TI Work described in Exhibit D, Tenant in writing as plans to which increase the thickness of portions of the Alteration are Required Removables. If any Building slab and agrees that Tenant shall have no obligation to restore such portions of the Tenant Additions which were installed by Tenant involved slab to the lowering original thickness upon the expiration or earlier termination of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise this Lease so long as (1) such work is performed in accordance with plans approved in advance by Landlord and otherwise in writingaccordance with Exhibit D, Tenant shall also be obligated to return such surfaces to their condition prior to and (2) the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession floor of the Premises is not delivered to Landlord when required hereunderBuilding will be flat and usable in a typical and generic fashion by subsequent tenants or users of the Building, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablereasonably determined by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Solyndra, Inc.)

In General. Seller has provided Buyer with a complete and accurate list of all employees (a“Facility Employees”) Upon by position and the Termination Dateannual salary, Tenant benefit entitlements (if any) and other compensation payable to each Facility Employee. All of the Facility Employees are at-will employees of Seller. Seller shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed terminate all employees employed at the Commencement DateFacility (including without limitation the Executive Director of the Facility) effective as of the Closing Date and take such other action as may be required by any applicable laws, ordinary wear rules, regulations and tearorders so that Buyer shall have no liability for any matter concerning any employee which accrued and relates to the period occurring prior to Closing, except for accrued vacation, sick time and other accrued paid time off which information shall be provided by Seller on a schedule within ten (10) business days of the Effective Date (“Accrued Employee Benefits”) related to Hired Employees, if any, with respect to which Buyer receives a credit in accordance with the provisions of Section 6.3(g) hereof, and damage caused the transactions contemplated by casualty this Agreement shall not result in the payment or Landlord exceptedaccelerate any payment to any Facility Employees. Buyer has no obligation to hire any Facility Employees. In the event Buyer hires any employees of Seller, then Seller shall have no liability for any matter concerning any employee which accrues and relates to a period occurring from and after Closing. With respect to all Hired Employees, Seller shall maintain the Hired Employee Closing Month-Insurance Benefits, and the cost thereof shall be prorated in accordance with Section 6.3(g) hereof. Notwithstanding any provision hereof to the contrary, Buyer shall have the right to meet with the Executive Director, accountant/bookkeeper, marketing/sales director or any other department director of the Facility at any reasonable time after the Effective Date of this Agreement to discuss operational and other issues concerning the Facility (but not employment arrangements or offers of employment until after the expiration of the Study Period) and to review the Facility’s books and records. In addition, from and after the expiration of the Study Period, Buyer (and its prospective property manager) may meet with any employee at the Facility to discuss employment arrangements and operational and other issues concerning the Facility with any employee and Buyer’s property manager may, but shall have no obligation to, make offers of employment to any employee contingent upon Closing occurring hereunder and otherwise upon such terms and conditions of employment, compensation and benefits as Buyer shall determine in its sole discretion. Additionally, Buyer shall have the right to conduct on-site “onboarding” meetings with employees at least thirty (30) days prior to the date that any Hired Employees would commence employment with Buyer and, at or in connection with such “onboarding” meetings, Buyer shall be permitted to distribute to such employees a form to be executed by such employees which allows Buyer to receive and retain a hard copy of the actual employment files (personnel, medical, etc.) retained by such employees’ current employer; provided, however, that under no circumstances will Tenant be required each such employee shall have the option of declining to remove sign such form. With respect to each employee who executes the Landlord Work or Tenant Work performed pursuant to form, the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables applicable files shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation provided to Buyer or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work manager at Tenant’s expenseClosing. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Asset Purchase Agreement (Griffin-American Healthcare REIT IV, Inc.)

In General. Subject to the terms hereof (a) Upon including, without limitation, the Termination DateTenant Work Letter and Article 8 of this Lease, as applicable), applicable Laws, including any necessary government agency approvals, Tenant shall surrender have the right, at Tenant's sole cost and vacate the Premises immediately expense, to install a standby power generator, fuel tank and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations enclosed generator pad (collectively, “Leasehold Improvements”the "Generator") shall remain upon in the Premises at general area shown on Exhibit A-1 attached hereto serving the end of 110 Building (the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”"Generator Area"). Required Removables may For purposes of this Lease, the "Generator" shall be deemed to include, without limitation, internal stairwaysall associated equipment, raised floors, personal baths connections and/or facilities. All plans and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables specifications relating to the Generator shall be removed by subject to the approval of Landlord in accordance with the Tenant before the Termination DateWork Letter or Article 8, as applicable. Tenant shall repair damage caused by provide and install vertical and horizontal standby power distribution conduits; as needed. Tenant shall integrate monitoring of any Generator with the Tenant's Building Systems and Landlord's Building Systems. Subject to the terms of this Section 6.5, Landlord shall permit Tenant, at its sole cost and expense, to install and maintain the Generator, all in compliance with applicable Laws. The cost of design (including engineering costs) and installation of the Generator and the costs of the Generator itself shall be Tenant's sole responsibility, or removal deducted from the Tenant Improvement Allowance pursuant to the terms of Required Removablesthe Tenant Work Letter. If Tenant fails acknowledges that to perform its obligations in a timely mannerthe extent that the Generator shall be visible from certain portions of the Building and/or Project, Landlord may perform such work at Tenant’s expense. require (bin Landlord's reasonable discretion) that Tenant, at Tenant's sole cost and expense, install screening, landscaping or other improvements satisfactory to Landlord (in Landlord's reasonable discretion) in order to satisfy Landlord's aesthetic requirements in connection with the time it requests approval for a proposed Alterationarea surrounding the Generator, may request all at Tenant's sole cost and expense. The number of parking spaces occupied by the Generator shall be deducted from the number of parking passes available to Tenant in writing that Landlord advise Tenant whether the Alteration or any portion Section 9 of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableSummary.

Appears in 1 contract

Samples: Office Lease (INPHI Corp)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by Landlord, casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any damage and Tenant Alterations as to which Landlord failed to advise Tenant states may be surrendered at the termination of its required removal pursuant to this Section 12.1(b). the Lease excepted, and Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.4, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions, which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Alterations as required by Landlord at the time Landlord consented to the PremisesTenant Alterations, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Datecontaining Hazardous Materials. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Alterations, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.2(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Transcept Pharmaceuticals Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as (i) a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty (subject to the terms of Article 14) or by Landlord excepted, and (ii) full compliance with law, including without limitation, Tenant’s having delivered to Landlord (a) a Business Closure Report issued by the County of San Mateo Department of Environmental Health, and if the County of San Mateo Department of Environmental Health does not then issue a “Business Closure Report”, Tenant shall have delivered to Landlord the equivalent confirmation of business closure in compliance with Environmental Laws then issued by the County of San Mateo Department of Environmental Health; provided, however, that under no circumstances will Tenant be required and (b) a Radioactive Material License Termination issued by the appropriate governmental authority if a radiation license (or radioactive material license or similar permit with respect to remove radioactive material) was obtained from the Landlord Work applicable governmental authority for the Premises or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit Bany operation therein, or any was required by Environmental Laws to be obtained, and if the applicable governmental authority does not then issue a “Radioactive Material License Termination”, Tenant Alterations as shall have delivered to which Landlord failed the equivalent confirmation of closure of the site in compliance with Environmental Laws applicable to advise Tenant of its required removal pursuant to this Section 12.1(b)radioactive material then issued by the applicable governmental authority. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) Tenant shall remain upon remove from the Premises at the end all movable personal property of the Term without compensation to Tenant and Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove ’s trade fixtures (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, including without limitation, internal stairwaysany autoclaves, raised floorshoods, personal baths animal facility, cold rooms, and showersgenerators, vaultsthe costs of which were not paid for by any portion of Landlord’s Maximum Contribution), rolling file systems including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and structural alterations and modifications. The designated Required Removables shall Tenant agreed may be removed by Tenant before the Termination DateTenant. Tenant shall repair damage caused by the installation also remove any Tenant Additions containing Hazardous Material, but Tenant shall not otherwise be required to remove Tenant Additions installed pursuant to Section 2.2 of Rider 2 of this Lease or removal Article Nine of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenantthis Lease unless, at the time it requests approval for a Landlord was required to give its consent or objection to the proposed AlterationTenant Additions, may request in writing that Landlord advise notified Tenant whether the Alteration of those which Landlord requires Tenant to remove upon expiration or earlier termination. Tenant immediately shall repair all damage resulting from removal of any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Maxygen Inc)

In General. (a) Upon Landlord will cause the Termination existing Gen Probe sign to be removed from the exterior of the Building, at no cost to Tenant, on or before the Lease Commencement Date. Subject to this Article 23, Tenant shall surrender be entitled to install, at its sole cost and vacate expense, signage identifying Tenant’s name in the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter locations shown on Exhibit D attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, the Leasehold ImprovementsSignage”). Notwithstanding the foregoing, Tenant shall only be entitled to its prorata share of exterior building signage, based upon the rentable square footage of the Premises as compared to the rentable square footage of the Building. The graphics, materials, size, color, design, lettering, lighting (if any), specifications and exact location of the Signage (collectively, the “Signage Specifications”) shall remain upon be subject to the Premises at prior written approval of Landlord, which approval shall not be unreasonably withheld. In addition, the end Signage and all Signage Specifications therefor shall be subject to Tenant’s receipt of all required governmental permits and approvals, shall be subject to all applicable governmental laws and ordinances, and all covenants, conditions and restrictions affecting the Building. Tenant hereby acknowledges that, notwithstanding Landlord’s approval of the Term Signage and/or the Signage Specifications therefor, Landlord has made no representations or warranty to Tenant with respect to the probability of obtaining such approvals and permits. In the event Tenant does not receive the necessary permits and approvals for the Signage, Tenant’s and Landlord’s rights and obligations under the remaining provisions of this Lease shall not be affected. The cost of installation of the Signage, as well as all costs of design and construction of such Signage and all other costs associated with such Signage, including, without compensation to limitation, permits, maintenance and repair, shall be the sole responsibility of Tenant. Landlord, however, by written notice The rights to the Signage shall be personal to the original Tenant in accordance with this Section 12.1(b) and may not be transferred except to an Affiliated Assignee. Should the Signage require Tenant, at its expense, to remove (a) any Cable installed by maintenance or for the benefit of Tenant, and (b) any Alterations that, repairs as determined in Landlord’s reasonable judgment, are Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs and/or maintenance to be performed within thirty (30) days after receipt of a nature that would require removal such notice from Landlord at Tenant’s sole cost and expense. Should Tenant fail to perform such maintenance and repairs within the period described in the immediately preceding sentence, Landlord shall have the right to cause such work to be performed and to charge Tenant, as Additional Rent, for the cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, remove the Signage and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair any damage caused by the installation or removal of Required Removablessuch removal. If Tenant fails to perform its obligations remove such Signage and to restore the area upon which the Signage was located as provided in a timely mannerthe immediately preceding sentence within thirty (30) days following the expiration or early termination of this Lease, then Landlord may perform such work at Tenant’s expense. (b) Tenantwork, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved and all costs and expenses incurred by Landlord in writing, so performing such work shall be reimbursed by Tenant to Landlord within ten (10) days after Tenant’s receipt of invoice therefor. The immediately preceding sentence shall also be obligated to return such surfaces to their condition prior to survive the commencement expiration or earlier termination of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Genomatica Inc)

In General. Except for painting the interior walls of the Premises, re-carpeting of the carpeted areas of the Premises and minor or decorative alterations to the interior of the Premises which (ai) Upon do not impair the Termination Dateintegrity of the Building Structure, (ii) do not adversely affect any of the Building Systems serving the Premises or Building, (iii) are not visible from outside of the Building (iv) do not cost in excess of One Hundred Thousand Dollars ($100,000.00) per improvement project or One Million Dollars ($1,000,000.00) during the Term of this Lease, as such Term may be extended and (v) are not Specialty Alterations as defined below (collectively, “Permitted Alterations”), Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit Bnot make, or permit to be made, any Tenant alterations, removals, changes, enlargements, improvements or additions, including, without limitation, Specialty Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and defined below (collectively “Alterations”) in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed) and without acquiring and complying with the conditions of all permits, if any, required for such Alterations by any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenantgovernmental authority having jurisdiction thereof. Landlord, however, by written notice to Landlord acknowledges that Landlord will advise Tenant in accordance with this Section 12.1(bwriting of (i) may require Tenant, at its expense, to remove (a) any Cable installed by grant or denial of consent for the benefit of Tenantsuch Alterations, and (bii) whether Landlord will require Tenant to remove any such Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal (as defined below) and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair any damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations such removal, in a timely manner, Landlord may perform such work at Tenant’s expense. each case within ten (b10) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 business days after Landlord’s receipt of Tenant’s requestwritten notice to Landlord requesting the same. At the time Tenant requests Landlord’s consent to any Alterations, Tenant shall request a decision from Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by whether Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)will require Tenant, at Tenant’s expense, to remove any such Alterations and repair any damage caused by such removal. If Landlord fails to respond with such ten (10) business day period, then Tenant may deliver a second written notice to Landlord containing the same request as provided above, which second notice shall contain the following provisions in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH ALTERATIONS DESCRIBED IN THIS NOTICE AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove at Lease Termination any such Alterations described in Tenant’s second notice to Landlord as provided above. For purposes of this Lease “Specialty Alterations” shall mean any of the following Alterations: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs; (c) conveyors and dumbwaiters; (d) any Alterations which (i) perforate a floor slab in the Premises or a wall that encloses/encapsulates the Building Structure, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core); (e) special security equipment, and (f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. Landlord acknowledges and agrees that the Initial Improvements will include raised flooring, slab penetrations, and lab improvements on the first floor Premises as shown on the plans attached hereto as Exhibit K attached hereto, and that such raised flooring, slab penetrations and lab improvements on the first floor of the Premises shall under no circumstances be considered Specialty Alterations, and that under no circumstances shall Tenant be required to remove any of such property and store, sell raised flooring or otherwise deal with such propertylab improvements shown on Exhibit K attached hereto. Tenant shall not be obligated to obtain Landlord’s prior written consent to any Permitted Alterations referred to above, and undertakePermitted Alterations shall not be Specialty Alterations, but such Permitted Alterations shall be subject to all of the other terms and conditions of this Paragraph 13.1 and 13.2 below; it being understood and agreed that if Tenant does not request Landlord’s consent to any Permitted Alteration, then, not later than ninety (90) days prior to the expiration of the Lease Term, as the same may be extended, Landlord shall have the right to require Tenant to remove any such Permitted Alterations designated by Landlord for removal and, in such event, Tenant shall, at its sole cost and expense, prior to the expiration or earlier termination of this Lease, remove from the Premises and Building such Permitted Alteration(s) designated by Landlord for removal and repair any damage to the Premises and/or Building caused by such removal. The term “Alterations” as used in this Paragraph 13 shall also include, without limitation, all heating, lighting, electrical (including all wiring, conduit outlets, drops, xxxx ducts, main and subpanels), air conditioning and partitioning installed or constructed in the Premises by Tenant regardless of how affixed to the Premises. As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a reasonable right of approval of the contractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord for Alterations costing in excess of $500,000; and require that Tenant reimburse Landlord, as Additional Rent, for Landlord’s actual and reasonable costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord’s consent is granted, such reimbursement. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, in accordance with the plans and specifications, if any, approved by Landlord and in a manner causing Landlord and Landlord’s agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall give written notice to Landlord five (5) business days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, and prior to the commencement of any work of improvement on the Premises. Any Alterations, including, without limitation, Permitted Alterations, to the Premises made by Tenant or any of its agents, employees, contractors, subcontractors or other representatives shall be made in accordance with applicable Laws and in a first-class workmanlike manner. In making any such Alterations, Tenant shall, at Tenant’s sole cost and expense, such restoration work as file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the integrity of the Building Structure or adversely affect any of the Building Systems serving the Building or Premises, without the prior written consent of Landlord deems necessary (which consent may be give or advisablewithheld, in Landlord’s sole and absolute discretion). Landlord agrees not to charge any construction management or supervision fee for any Alterations, including those Alterations which would require Landlord’s consent pursuant to the terms above.

Appears in 1 contract

Samples: Lease Agreement (Rambus Inc)

In General. (a) Upon the Termination DateExcept for any initial tenant improvements, which said improvements shall be agreed upon by Landlord and Tenant shall surrender and vacate the Premises immediately and deliver possession thereof prior to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tearLease Commencement, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant the nature of which and the manner whereby said improvements shall be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter implemented shall be attached hereto as Exhibit B"D" once approved by Landlord, Tenant shall not make, or permit to be made, any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All alterations, changes, enlargements, improvements in and or additions (collectively "Alterations") in, on, about or to the Premises, or any part thereof with a cost in excess of $50,000 without the prior written consent of Landlord and without acquiring and complying with the conditions of all permits required for such Alterations by any applicable governmental authority. The term "Alterations" as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, fixed wall partitioning in the Premises made by Tenant, regardless of how affixed to the Premises and all previous alterations made by National Semiconductor. As a condition to the giving of its consent, Landlord may impose such requirements as Landlord may reasonably deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord's actual costs incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. Additionally, with respect to any proposed Alteration by Tenant pursuant to this Paragraph, Tenant shall provide Landlord with any and all relevant plans and documents regarding the proposed Alteration and manner of implementation, as well as any applicable permits or approvals (or status of same), and Landlord shall have five (5) days to give its consent and any conditions thereon, or reasons for disapproval. In the event Landlord consents to the making of any Alterations (collectivelyby Tenant, “Leasehold Improvements”) the same shall remain upon be made by Tenant at Tenant's sole cost and expense, in accordance with the Premises at the end of the Term without compensation to Tenantplans and specifications approved by Landlord. Landlord, however, by Tenant shall give written notice to Tenant in accordance with this Section 12.1(bLandlord five (5) may require Tenantdays prior to employing any laborer or contractor to perform services related to, at its expense, to remove (a) any Cable installed by or receiving materials for use upon the benefit of TenantPremises, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable Laws and in a first-class workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethe Premises.

Appears in 1 contract

Samples: Net Lease Agreement (Silicon Storage Technology Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the Premisesforegoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateAdditions containing Hazardous Material. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and ‘shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work (or any changes thereto) or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work (or any changes thereto) or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove the Restroom Work at the expiration or earlier termination of this Lease. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.. ​ ​ ​

Appears in 1 contract

Samples: Office Lease (Lemonade, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) Tenant shall remain upon remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the end time of the Term without compensation to Tenant. Landlord, however, by written notice to their installation Landlord and Tenant in accordance with this Section 12.1(b) agreed may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateTenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including, any Tenant Additions containing Hazardous Materials. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request's property, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may may, (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (Nichols Txen Corp)

In General. Except for minor or decorative alterations to the interior of the Premises which (ai) Upon do not impair the Termination Datestructural integrity of the Building, (ii) do not adversely affect any of the building systems serving the Premises or Building, (iii) do not cost in excess of Fifty Thousand Dollars ($50,000.00) in the aggregate in any consecutive twelve (12) month period, and (iv) are not visible from the exterior of the Building (“Cosmetic Alterations”), Tenant shall surrender and vacate the Premises immediately and deliver possession thereof not make, or permit to Landlord in as cleanbe made, good and tenantable condition as existed at the Commencement Dateany alterations, ordinary wear and tearremovals, and damage caused by casualty changes, enlargements, improvements or Landlord excepted; providedadditions (collectively “Alterations”) in, howeveron, that under no circumstances will Tenant be required to remove the Landlord Work about or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit BPremises, or any Tenant part thereof, including Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b)Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. Tenant shall deliver not be obligated to Landlord obtain Landlord’s prior written consent to any Cosmetic Alterations referred to above but such Cosmetic Alterations shall be subject to all keys the others terms and conditions of this Paragraph 13.1 and 13.2 below. The term “Alterations” as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, xxxx ducts, main and subpanels), air conditioning and partitioning in the Premises made by Tenant regardless of how affixed to the Premises. All improvements As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord’s actual costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord’s consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord’s agents and other tenants of the Project the least interference and inconvenience practicable under the circumstances. Tenant shall give written notice to Landlord five (5) business days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations, including, without limitation, Cosmetic Alterations, to the Premises made by Tenant shall also be required to close or any staircases of its agents, employees, contractors, subcontractors or other openings between floorsrepresentatives shall be made in accordance with applicable Laws and in a first-class workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of the Building or adversely affect any of such property the building systems serving the Building or Premises. Subject to compliance with applicable law, Landlord’s review and store, sell or otherwise deal with such propertyapproval of plans and specifications therefor, and undertakethis Paragraph 13 of this Lease, Tenant may, at Tenant’s sole cost and expense, install in the Premises a security system, including access panels, readers and cameras in the Premises (“Tenant Security System”), provided such restoration work as system shall at all times be compatible with the fire/life/safety requirements and facilities of the Building, and provided further that such system shall permit Landlord deems to have access to the Premises at all times if necessary or advisabledue to an emergency.

Appears in 1 contract

Samples: Net Lease Agreement (Calix, Inc)

In General. (a) Upon the Termination Date, If Tenant shall surrender and vacate holds over in the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant part thereof after the expiration or earlier termination of its required removal pursuant to this Section 12.1(b). Tenant Lease, such tenancy shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end not constitute a renewal or extension of the Term without compensation Lease and shall be construed to Tenantbe a tenancy from month to month on the same terms and conditions contained herein, except that Base Monthly Rent shall be payable at an amount equal to two (2) times the Base Monthly Rent payable during the last full calendar month of the Lease Term. Landlord, however, Nothing contained in this Article 16 shall be construed as consent by written notice Landlord to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed holding over by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would Landlord expressly reserves the right to require removal and repair costs that are materially in excess Tenant to surrender possession of the removal and repair costs associated with standard office improvements (collectively referred Premises to Landlord as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before provided in this Lease upon the Termination Date. Tenant shall repair damage caused by the installation expiration or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided under this Lease or at law. If Tenant holds over without Landlord's express written consent, and tenders payment of rent for any period beyond the expiration or earlier termination of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Additionally, in the event that upon the expiration or earlier termination of the Lease, Tenant has not fulfilled its obligation with respect to restoration, repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Article 16 shall apply. Tenant acknowledges that any holding over in the Premises by Tenant without Landlord's express written consent may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to vacate and deliver the Premises to Landlord within thirty (30) days following the expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall also be required protect, defend, indemnify and hold Landlord harmless from and against any and all claims and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to close vacate and deliver, and any staircases or other openings between floorslosses suffered by Landlord, including lost profits, resulting therefrom. In the event Tenant agrees that any proceedings necessary to recover possession of the Premises is not delivered from Tenant, whether before or after the expiration or earlier termination of this Lease, shall be considered an action to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove enforce the terms of this Lease for purposes of the awarding of any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableattorneys' fees in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (PROCEPT BioRobotics Corp)

In General. (a) Upon In the Termination Dateevent that Tenant disputes the amount of Additional Rent set forth in any annual Statement delivered by Landlord, then subject to the terms of Section 4.7.2 of this Lease, Tenant shall surrender and vacate have the Premises immediately and deliver possession thereof right to provide written notice to Landlord in as cleanthat it intends to inspect Landlord's accounting records for the Expense Year covered by such Statement during normal business hours ("Tenant Review"). The Tenant Review may only be conducted by employees of Tenant and/or independent certified public accountants (a "Third Party Auditor"), good and tenantable condition as existed at the Commencement Datewhich Third Party Auditor (i) shall be retained by Tenant pursuant to a commercially reasonable, ordinary wear and tearnon-contingency fee arrangement, and damage caused (ii) shall be reasonably approved by casualty Landlord prior to the performance of any such audit, and (iii) shall be retained by Tenant at Tenant’s expense except as expressly provided herein. Any Tenant Review shall take place at Landlord's principle office in Dallas Texas, and Landlord will provide Tenant with reasonable accommodations at Landlord’s principle office for such Tenant Review and reasonable use of such available office equipment, but may charge Tenant for photocopies at Landlord's actual cost. Tenant shall provide Landlord with not less than two (2) weeks’ prior written notice of its desire to conduct such Tenant Review. In connection with the foregoing review, Landlord shall furnish Tenant with such reasonable supporting documentation relating to the subject Statement as Tenant or its third party auditor may reasonably request, including any previous audit conducted by Landlord exceptedwith respect to the Expense Year in question. In connection with such inspection, Tenant and Tenant's agents must agree in advance to follow Landlord’s reasonable and industry standard rules and procedures regarding inspections of Landlord’s records and must execute a commercially reasonable confidentiality agreement relating to such audit. In the event Tenant elects to use a Landlord approved Third Party Auditor for the performance of the Tenant’s Review then the results of such Tenant’s Review shall be binding upon both Landlord and Tenant; provided, however, that under no circumstances will if Tenant be required elects to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or use an employee for the benefit performance of Tenant’s Review then the results of such Tenant’s Review shall not be binding upon Landlord and Landlord may elect to contest same.. In no event shall Tenant have the right to conduct such Tenant Review if Tenant is then in material or monetary default beyond all applicable notice and cure periods under Section 19.1.1 of this Lease, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may includeincluding, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed in default of Tenant's obligations with respect to the payment by Tenant before of all Additional Rent amounts described in the Termination Date. Tenant shall repair damage caused by Statement which is the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt subject of Tenant’s requestReview, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)payment, at Tenant’s expenseelection, remove any may be made under dispute. Landlord's Statement or Supplemental Statement and Landlord and Tenant are unable to resolve such dispute, then Tenant may submit the matter to arbitration pursuant to binding arbitration using the American Arbitration Association and its expedited commercial dispute rules. The results of such property arbitration (the "Arbitration Award") shall be final and storebinding upon both Landlord and Tenant. If the resolution of the parties' dispute with regard to the Additional Rent shown on the Statement, sell pursuant to the Arbitration Award reveals an error in the calculation of Tenant's Share of Direct Expenses to be paid for such Expense Year, the parties' sole remedy shall be for the parties to make appropriate payments or otherwise deal reimbursements, as the case may be, to each other as are determined to be owing. Any such payments shall be made within thirty (30) days following the resolution of such dispute. Tenant shall be responsible for all costs and expenses associated with such propertyTenant's Review, and undertakeTenant shall be responsible for all reasonable audit fees, at Tenant’s expenseattorney's fees and related costs of Tenant relating to an Arbitration Award (collectively, the "Costs"), provided that in any event, if the parties' final resolution of the dispute involves the overstatement by Landlord of Direct Expenses for such restoration work as Expense Year in excess of three percent (3%), then Landlord deems necessary or advisableshall be responsible for all Costs. Subject to the terms of Section 4.7.2 of this Lease, this provision shall survive the termination of this Lease to allow the parties to enforce their respective rights hereunder.

Appears in 1 contract

Samples: Office Lease (Atlassian Corp PLC)

In General. Landlord shall cause a contractor designated by Landlord and reasonably acceptable to Tenant (athe “Contractor”) Upon to (i) obtain all applicable building permits for construction of the Termination DateTenant Improvements, and (ii) construct the Tenant shall surrender Improvements as substantially depicted on the Construction Drawings, excepting only minor variations (i.e., variations that are not inconsistent with the intent of the Construction Drawings) as Landlord may deem advisable and vacate the Premises immediately and deliver possession thereof to any Change Orders (as defined below) approved by Landlord in as clean, good compliance with such building permits and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord exceptedall Applicable Laws; provided, however, that under no circumstances will the issuance of a temporary or permanent certificate of occupancy or final sign off on the job card upon Substantial Completion (as defined below) of the Tenant Improvements shall be required deemed conclusive evidence of the compliance of the Tenant Improvements with Applicable Laws. Landlord shall pay for the cost of the design and construction of the Tenant Improvements (which shall include (a) a Landlord’s supervision fee equal to remove four percent (4%) of construction costs and (b) a construction management fee equal to one percent (1%) of construction costs payable to a construction manager selected by Tenant) in an amount up to, but not exceeding, $1,178,989.00 (i.e., $49.00 per rentable square foot of the Landlord Work or Substitute Premises) (the “Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(bImprovement Allowance”). Tenant shall deliver to Landlord pay for all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair Tenant Improvement Allowance (including any costs associated with standard office improvements Change Orders (collectively referred to as “Required Removables”that term is defined in Section 4, below). Required Removables may include), without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables which amount shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails paid to perform its obligations in a timely manner, Landlord may perform such work at within five (5) business days after Tenant’s expense. (b) Tenantreceipt of invoice therefor from Landlord, at the time it requests approval together with reasonable supporting backup documentation. In no event shall Landlord be obligated to pay for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestfurniture, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilingscomputer systems, raising of floors or the installation of specialized wall or floor coverings or lightstelephone systems, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases equipment or other openings between floors. In personal property that may be depicted on the event possession Construction Drawings, all of the Premises is not delivered to Landlord when required hereunder, or if Tenant which items shall fail to remove those items described above, Landlord may (but shall not be obligated to), at paid for by Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (Bsquare Corp /Wa)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof not make, or permit to Landlord in as cleanbe made, good and tenantable condition as existed at the Commencement Dateany ---------- alterations, ordinary wear and tearremovals, and damage caused by casualty changes, enlargements, improvements or Landlord excepted; providedadditions (collectively "Alterations") in, howeveron, that under no circumstances will Tenant be required to remove the Landlord Work about or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit BPremises, or any Tenant part thereof, including Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld) and without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Section 12.1(bParagraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, xxxx ducts, main and subpanels). , air conditioning and partitioning in the Premises made by Tenant shall deliver to Landlord all keys regardless of how affixed to the Premises. All improvements As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord, and the requirement that Tenant reimburse Landlord, as Additional Rent for Landlord's actual costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord's agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall give written notice to Landlord five (5) business days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable Laws and in a first-class workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell the Building or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary adversely affect or advisablealter the building systems within the Building.

Appears in 1 contract

Samples: Net Lease Agreement (Navisite Inc)

In General. Subject to the TCCs of this Section 1.5, Landlord hereby grants to the Original Tenant and any Permitted Transferee Assignee, the exclusive use of the portion of the ground floor lobby shown on Exhibit A-7 attached hereto (a"Tenant's Lobby Area") Upon throughout the Termination DateLease Term (as may be extended by Tenant in accordance with this Lease), subject to permitting ingress and egress through such areas from the Building lobby which provides elevator access to the Parking Structure. As part of the Final Condition, Landlord shall place or install, at Landlord's sole cost and expense, furniture in Tenant's Lobby Area consistent with the quality, type and quantity of furniture installed in the remainder of the ground floor Building lobby in a location, reasonably determined by Landlord, not to materially interfere with the location of the Lobby Desk and any reasonable access routes from and between Tenant's Lobby Desk, Retail Space, and Tenant's Elevators. In addition, any artwork installed in Tenant's Lobby Area shall be placed in a location, reasonably determined by Landlord, not to materially interfere with the location of the Lobby Desk and any reasonable access routes from and between Tenant's Lobby Desk, Retail Space, and Tenant's Elevators. Furthermore, prior to the Phase 1 Lease Commencement Date or thereafter throughout the Lease Term (provided that Tenant is then leasing the Retail Space), Tenant may cause (i) Landlord, at Tenant's sole cost (which cost shall surrender and vacate be deducted from the Premises immediately and deliver possession thereof Improvement Allowance if such work is performed prior to Landlord in as clean, good and tenantable condition as existed at the Phase 1 Lease Commencement Date) (the "Lobby Wall Work"), ordinary wear to relocate or demolish the demising walls designated on Exhibit A-7 separating the Retail Space from Tenant's Lobby Area or (ii) Landlord not to construct such demising walls if construction of such demising walls has not yet commenced. In addition, so long as Tenant is leasing the Retail Space and tearhas exclusive use of Tenant's Elevators, Landlord hereby grants to Tenant, the exclusive use of the corridor connecting the Retail Space to the adjacent elevator lobby (which corridor is shown on Exhibit A-7 attached hereto) (the "Lobby/Retail Corridor"), except as such exclusive use may be limited in order to comply with applicable Laws; provided, that, subject to Article 8 below, Tenant may make Alterations thereto required to allow such exclusive use under applicable Law. Notwithstanding the foregoing (and damage caused by casualty subject to the following TCCs of this Section 1.5.1), Tenant may not place or Landlord exceptedinstall any improvements, fixtures, or personal property in Tenant's Lobby Area (other than the Lobby Desk (as defined below)), either permanent or temporary, without Landlord's approval, which may be withheld in Landlord's sole discretion; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in for an annual two (2) week period immediately preceding and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writingcontinuing throughout Dream Force, Tenant shall also be obligated have the right to return such surfaces to their condition prior place movable marketing materials and/or portable digital devices in Tenant's Lobby Area in addition to the commencement Retail Space. All material displayed on the Lobby Desk or placed in Tenant's Lobby Area shall be related to (A) Tenant's customers, (B) Tenant's products, or (C) Tenant's charitable foundation, and in no event shall the Lobby Desk or the content of this LeaseTenant's Lobby Area include any "Objectionable Content," as that term is defined below, or otherwise be in violation of signage content restrictions under applicable Laws. Tenant As used herein, "Objectionable Content" shall also be required mean any content which is generally considered pornographic, obscene or defamatory, or consists of any material or activity with a primary context (I) aimed at furthering a political candidacy, (II) advancing a political stance on one or more issues, or (III) that is reasonably likely to close any staircases or other openings between floorsincite protest. In addition, any signage within Tenant's Lobby Area (including any signage on the event possession of the Premises is not delivered to Landlord when required hereunderLobby Desk, or if Tenant shall fail to remove those items described above, Landlord may (but as defined in Section 1.5.2 below) shall not be obligated toinclude any "Objectionable Name" (as defined in Section 23.5 below), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (Salesforce Com Inc)

In General. Tenant shall be entitled, at its sole cost and expense (abut at no additional Rent or other charge to Tenant by Landlord except for reimbursement of costs), to identification signage (which identification signage may be externally or internally illuminated) in the locations shown on Exhibit H. Upon the Termination Dateexpiration or earlier termination of this Lease, Tenant shall surrender be responsible, at its sole cost and vacate expense, for the Premises immediately removal of such signage and deliver possession thereof the repair of all damage to Landlord in as cleanthe Building caused by such removal. All aspects of Tenant’s signage, good including but not limited to, graphics, materials, color, style, design, lettering, size, quality, specifications and tenantable condition as existed exact position, shall at all times be consistent with Landlord’s commercially reasonable master signage program for the Commencement Date, ordinary wear and tearProject, and damage caused by casualty shall be subject to all applicable governmental laws, rules, regulations, codes and approvals, and to Landlord’s prior written approval (which shall not be unreasonably withheld, conditioned or delayed). Following execution of this Lease, Landlord excepted; provided, however, that under agrees to cooperate and use good faith commercially reasonable efforts (at no circumstances will out-of-pocket cost to Landlord) to assist Tenant be required in its efforts to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or obtain any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b)necessary governmental approvals for Tenant’s proposed exterior identification signage. Tenant shall deliver to Landlord be responsible, at Tenant’s sole cost and expense, for all keys costs relating to the Premisesdesign, installation, repair, maintenance and replacement of Tenant’s signage. All improvements In addition, Tenant shall, at Tenant’s sole cost and expense, pay for any modifications to Tenant’s signage or any replacement of Tenant’s signage during the Lease Term. The rights contained in this Section 22.1 shall be personal to Beyond Meat, Inc. (“Original Tenant”), and may only be exercised by Original Tenant (and any Affiliate who becomes an assignee of Original Tenant’s interest in this Lease pursuant to a Permitted Transfer). Prior to the Premisesexpiration or earlier termination of this Lease, including any Alterations (collectively, “Leasehold Improvements”) shall remain or upon the Premises at the end expiration of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant ’s signage rights as set forth in accordance with this Section 12.1(b) may require Tenant22.1, Tenant shall be responsible, at its Tenant’s sole cost and expense, for the removal of Tenant’s signage from the Building, and the repair of all damage to the Building caused by such removal. In the event Tenant does not timely remove Tenant’s signage, Landlord shall have the right, at Tenant’s sole cost and expense, to remove (a) Tenant’s signage and to repair any Cable installed by or for and all damage to the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage Building and/or Project caused by such removal. From and after the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement execution and delivery of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession , no occupant of the Premises Project will be granted rights to install signs on more exterior Building surface area than is not delivered provided to Landlord when required hereunderTenant, or if Tenant shall fail unless such occupant occupies more rentable space in the Project than Tenant. Subject to remove those items described aboveLandlord’s approval of the size, Landlord may color, location, method of installation and illumination, and materials thereof (but which approval shall not be obligated tounreasonably withheld, conditioned or delayed), at Tenant’s expenseand subject to the approval of the City of El Segundo, remove any Tenant may install a sign displaying its business logo on the roof surface of such property and storethe Building above the Premises (i.e., sell designed to be seen from above), which identification signage may be externally or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableinternally illuminated.

Appears in 1 contract

Samples: Lease (Beyond Meat, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good condition and tenantable condition as existed at the Commencement Daterepair, ordinary wear and tear, casualty damage, condemnation, Landlord’s repair obligations and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements Except as otherwise set forth in and this Section 12.1 or pursuant to the Premiseswritten notice from Landlord to Tenant pursuant to Section 9.1(a)(1) of this Lease, including any all Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Without limitation of the foregoing, Tenant shall have no obligation to remove any Decoration Work installed by or for Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) by written notice to Tenant at least 30 days prior to the Termination Date, to remove any Cable installed by or for the benefit of Tenant, and (b) pursuant to Section 9.1(a)(1), to remove any Tenant Alterations made subsequent to the Tenant Improvements that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office and lab improvements (collectively referred to as “Required Removables”). Required Removables may shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. Landlord’s failure to designate any Tenant Alteration as a Required Removable at the time of Landlord’s approval pursuant to Section 9.1(a) shall be deemed Landlord’s confirmation that such Tenant Alteration is not a Required Removable. The designated Required Removables shall be removed by Tenant before by the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. Upon the Termination Date, Tenant shall remove Tenant’s trade fixtures, equipment, inventory and personal property from the Premises. With respect to the Tenant Improvements, by no later than the Termination Date, Tenant shall remove those components of the Tenant Improvements that have been specifically and reasonably designated for removal by Landlord based on Landlord’s review of the final Construction Drawings (as such term is defined in the Workletter) (collectively referred to as the “Pilot Plant Removables”). Within ten (10) days after Landlord’s receipt of the final Construction Drawings, Landlord shall deliver the list of Pilot Plant Removables to Tenant. Landlord’s failure to deliver the list of Pilot Plant Removables within such ten (10)-day period shall be deemed Landlord’s acknowledgment that there are no Pilot Plant Removables. If Landlord delivers such list, Landlord and Tenant shall promptly thereafter enter into an amendment to this Lease attaching the list of Pilot Plant Removables. Tenant shall repair any damage caused by the removal of the Pilot Plant Removables. Notwithstanding anything to the contrary in this Section 12.1, Tenant shall have no obligation to remove any component of the Tenant Improvements other than the Pilot Plant Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions Alterations which were installed by Tenant subsequent to the Tenant Improvements involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement installation of this Leasesuch Tenant Alterations. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Amyris Biotechnologies Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in Tenant shall remove from the Premises all movable personal property of Tenant, Tenant’s trade fixtures, and subject to Section 6.03, cabling. Tenant shall be entitled to remove such Tenant Additions which at the Premisestime of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination DateAdditions containing Hazardous Material. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestproperty, Landlord furnishings or Tenant Additions, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, Tenant shall not be required to remove Tenant Work. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such propertyproperty as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Lease Agreement (Acelrx Pharmaceuticals Inc)

In General. (a) Upon In the Termination Dateevent that Tenant disputes the amount of Additional Rent set forth in any annual Statement or Supplemental Statement delivered by Landlord, then subject to the terms of Section 4.6.2, below, Tenant shall surrender have the right to cause an independent certified public accountant (which accountant is a member of an accounting firm and vacate is working on a non-contingency fee basis) (“Tenant’s Auditor”), to inspect, copy, review and audit Landlord’s accounting records for the Premises immediately Expense Year covered by such Statement or Supplemental Statement during normal business hours (“Tenant Review”). As a condition precedent to any such inspection, Tenant shall cause such Tenant’s Auditor to follow Landlord’s reasonable rules and deliver possession thereof regulations relating to Landlord such inspection that do not adversely affect the ability of Tenant’s Auditor to perform the audit in a reasonable manner, and, in any event, Tenant and the Tenant’s Auditor shall maintain in strict confidence any and all information obtained in connection with the Tenant Review and shall not disclose such information to any person or entity other than to the management personnel, lawyers, accountants, assignees and/or subtenants of Tenant (subject to such parties’ agreement to maintain such information confidential as clean, good and tenantable condition as existed set forth herein). Any Tenant Review shall take place in Landlord’s office at the Commencement Date, ordinary wear and tearProject or at such other location in Los Angeles County as Landlord may reasonably designate, and damage caused by casualty or Landlord excepted; providedwill provide Tenant with reasonable access to personnel as is reasonably necessary for the Tenant Review, howeverreasonable accommodations for such Tenant Review and reasonable use of such available office equipment, that under no circumstances will but may charge Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b)for telephone calls and photocopies at Landlord’s actual cost. Tenant shall deliver provide Landlord with not less than thirty (30) days’ notice of its desire to conduct such Tenant Review. In connection with the foregoing review, Landlord all keys shall furnish Tenant with such reasonable supporting documentation relating to the Premises. All improvements in and to the Premisessubject Statement or Supplemental Statement as Tenant may reasonably request, including any Alterations (collectively, “Leasehold Improvements”) previous audit conducted by Landlord with respect to the Expense Year in question. In no event shall remain upon Tenant have the Premises at right to conduct such Tenant Review if Tenant is then in default under the end of the Term without compensation Lease with respect to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant’s monetary obligations, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may includeincluding, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed the payment by Tenant before of all Additional Rent amounts described in the Termination Date. Tenant shall repair damage caused by Statement or Supplemental Statement which is the installation or removal subject of Required Removables. If Tenant fails to perform its obligations in a timely mannerTenant’s Review, Landlord may perform such work which payment, at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alterationelection, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsmade under dispute. In the event possession that following Tenant’s Review, Tenant and Landlord continue to dispute the amounts of Additional Rent shown on Landlord’s Statement or Supplemental Statement and Landlord and Tenant are unable to resolve such dispute, then either Landlord or Tenant may submit the matter to arbitration pursuant to Section 26.37 of this Lease and the proper amount of the Premises is not delivered disputed items and/or categories of Direct Expenses to be shown on such Statement or Supplemental Statement shall be determined by such proceeding producing an Arbitration Award (as defined in Section 26.37.3.2 below). The Arbitration Award shall be conclusive and binding upon both Landlord when required hereunderand Tenant. If the resolution of the parties’ dispute with regard to the Additional Rent shown on the Statement or Supplemental Statement, pursuant to the Arbitration Award reveals an error in the calculation of Tenant’s Share of Direct Expenses to be paid for such Expense Year, the parties’ sole remedy shall be for the parties to make appropriate payments or reimbursements, as the case may be, to each other as are determined to be owing. Any such payments shall be made within thirty (30) days following the resolution of such dispute; provided that if Landlord fails to make such payment within such time period, Tenant may treat any overpayments resulting from the foregoing resolution of such parties’ dispute as a credit against Rent until such amounts are otherwise paid by Landlord. Tenant shall fail be responsible for all costs and expenses associated with Tenant’s Review, and Tenant shall be responsible for all reasonable audit fees of Tenant, as well as attorney’s fees and related costs of both Landlord and Tenant relating to remove those items described abovean Arbitration Award (collectively, Landlord may (but shall not be obligated tothe “Costs”), at Tenant’s expenseprovided that if the parties’ final resolution of the dispute involves the overstatement by Landlord of Direct Expenses for such Expense Year in excess of [***] percent ([***]%), remove any then Landlord shall be responsible for all Costs. Subject to the terms of such property and storeSection 4.6.2, sell or otherwise deal with such propertybelow, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethis provision shall survive the termination of this Lease to allow the parties to enforce their respective rights hereunder.

Appears in 1 contract

Samples: Office Lease (GoodRx Holdings, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, "Leasehold Improvements") shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Tenant Alterations that, in Landlord’s 's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Required Removables may shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s 's expense. (b) . Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the Tenant Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s 's request, Landlord shall advise Tenant in writing as to which portions of the Tenant Alteration are Required Removables. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (Zogenix Inc)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Tenant Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) . Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the Tenant Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Tenant Alteration are Required Removables. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Office Lease (Zogenix, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenantagrees, at its own expense, to remove pay for all water, power, gas, electric current, telephone, cable, wireless internet and all other utilities and services used by Tenant in the Premises (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may includeincluding, without limitation, internal stairwaysall sales, raised floors, personal baths use and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed other taxes imposed thereon by Tenant before the Termination Dateany governmental authority). Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails agrees to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenantprocure and install, at the time it requests approval for a proposed AlterationLandlord's sole cost and expense, may request in writing that Landlord advise Tenant whether the Alteration or any portion utility meters of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed type required by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsLandlord. In the event that any utilities are furnished to the Premises by Landlord, whether submetered or otherwise, then Tenant shall pay to Landlord the cost of such utilities, including a reasonable administrative charge for Landlord's supervision. If Landlord shall from time to time reasonably determine that the use of any such utility or service in the Premises is disproportionate to the use of other tenants, Landlord may adjust Tenant's share of the cost thereof to take equitable account of such disproportionate use. If Landlord elects to utilize solar, wind or other alternatively generated electricity at the Building ("Alternative Electricity"), Tenant agrees to purchase from the provider of such Alternative Electricity up to 100% of Tenant's electrical requirements, as and when such Alternative Electricity is produced, at the price in effect at the time of delivery. Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, and such failures or delays or diminution shall not be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises is not delivered to Landlord when required hereunder, or if relieve Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove from paying Rent or performing any of such property and store, sell or otherwise deal with such propertyits obligations under this Lease. If Tenant is prevented from using, and undertakedoes not use, at Tenant’s expensethe Premises or a substantial portion thereof as a result of any interruption in utilities to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees and/or contractors, and such restoration work as Landlord deems necessary or advisable.failure was not caused

Appears in 1 contract

Samples: Retail Lease (Strategic Realty Trust, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable the same condition as existed at on the Commencement Date, ordinary wear and tear, casualty and condemnation excepted, and any damage from casualty and condemnation, and damage caused by casualty or Landlord excepted; providedLandlord, however, that under no circumstances will Tenant shall be required to remove governed by the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant provisions of its required removal pursuant to this Section 12.1(b)Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of TenantCable, and (b) any Alterations Tenant Additions that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described aboveabove after thirty (30) days’ written notice to Tenant, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work to satisfy Tenant’s obligations regarding delivery of the Premises as Landlord deems necessary or advisablerequired in this Section. Notwithstanding anything in this Section 12.1 to the contrary, failure by Tenant to comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.

Appears in 1 contract

Samples: Office/Laboratory Lease (Berkeley Lights, Inc.)

In General. (a) Upon the Termination Date, Tenant shall surrender not make, or permit to be made, any alterations, removals, changes, enlargements, improvements or additions (collectively “Alterations”) in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 5.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld) and vacate without acquiring and complying with the Premises immediately and deliver possession thereof to Landlord in as clean, good and tenantable condition as existed at the Commencement Date, ordinary wear and tear, and damage caused conditions of all permits required for such Alterations by casualty or Landlord exceptedany governmental authority having jurisdiction thereof; provided, however, that under no circumstances will without first obtaining the written consent of Landlord, Tenant be required to remove the Landlord Work or Tenant Work performed pursuant may make non-structural Alterations to the Workletter attached hereto Premises so long as Exhibit B(i) such non-structural Alterations do not impair the structural integrity of the Building, or (ii) do not adversely affect any Tenant of the building systems servicing the Building, (iii) are not visible from the exterior of the Building, and (iv) the cost of any individual non-structural Alteration does not exceed $35,000 and the cost of the non-structural Alterations as in the aggregate do not exceed $200,000. As a condition to which Landlord failed to advise Tenant the giving of its required removal pursuant consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to this Section 12.1(bbe performed (which approval shall not be unreasonably withheld); the times during which the work is to be accomplished. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, in accordance with the plans and specifications approved by Landlord. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by give written notice to Tenant in accordance with this Section 12.1(bLandlord five (5) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 business days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable Laws. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s sole cost and expense, remove file for and secure and comply with any of such property and store, sell all permits or otherwise deal with such property, approvals required by any governmental departments or authorities having jurisdiction thereof and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableany utility company having an interest therein.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Borland Software Corp)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof not make, or permit to Landlord in as cleanbe made, good and tenantable condition as existed at the Commencement Dateany alterations, ordinary wear and tearremovals, and damage caused by casualty changes, enlargements, improvements or Landlord excepted; providedadditions (collectively "Alterations") in, howeveron, that under no circumstances will Tenant be required to remove the Landlord Work about or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit BPremises, or any Tenant part thereof, including Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Section 12.1(bParagraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit, outlets, drops, buss xxxts, main and subpanels). Tenant shall deliver to Landlord all keys , air conditioning, and partitioning in the Premises made by Tenant, regardless of how affixed to the Premises. All improvements As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord's actual costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord. Tenant shall give written notice to Landlord five (5) days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close any staircases or other openings between floorsmade in accordance with applicable Laws and in a first-class workmanlike manner. In the event possession of the Premises is not delivered to Landlord when required hereundermaking any such Alterations, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethe Premises.

Appears in 1 contract

Samples: Net Lease Agreement (Laserscope)

In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in as a clean, good and tenantable condition as existed at the Commencement Datecondition, ordinary wear and tear, and damage caused by casualty casualty, condemnation or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) Tenant shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, be entitled to remove (a) any Cable installed by or for from the benefit Promises all movable personal property of Tenant, Tenant's trade fixtures and (b) any such Tenant Alterations that, in Landlord’s reasonable judgment, are which at the time of a nature that would require removal their installation Landlord and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables Tenant agreed may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before or which may be otherwise removed pursuant to the Termination Dateprovisions of this Lease. Tenant shall also remove such other Tenant Alterations as required by Landlord, including, but not limited to, any Tenant Alterations containing Hazardous Materials. Tenant immediately shall repair all damage caused by the installation or resulting from removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. (b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request's property, Landlord furnishings or Tenant Alterations, shall advise Tenant in writing close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as to which portions of the Alteration are Required Removablesreasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering towering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then, unless otherwise approved by Landlord in writing, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In in the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items item described above, Landlord may (but shall not be obligated to)may, at Tenant’s Tenants expense, remove any of such property and store, sell or otherwise deal with such property, therefrom without any liability to Landlord and undertake, at Tenant’s expense, 's expense such restoration work as Landlord deems necessary or advisablemy be required hereunder.

Appears in 1 contract

Samples: Office Lease (Americo Life Inc)

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