Common use of Preparation and Condition of Premises Possession and Surrender of Premises Clause in Contracts

Preparation and Condition of Premises Possession and Surrender of Premises. A. Except to the extent expressly indicated in the Tenant Improvements item on the Schedule and except as otherwise expressly set forth in Appendix D Landlord is leasing the Premises to Tenant "as is", without any representations or warranties of any kind (including, without limitation, any express or implied warranties of merchantability, fitness or habitability) and without any obligation on the part of the Landlord to alter, remodel, improve, repair, decorate or clean the Premises or any part thereof. If so indicated in the Tenant Improvements item on the Schedule. Landlord shall cause the Premises to be completed in accordance with the plans, specifications, and agreements and on the terms, conditions and provisions as provided in the Tenant Improvement Work Agreement (Appendix D) and Exhibit A thereto (Building Standards) both of which are attached hereto and made a part of this Lease. B. Except as may be otherwise set forth under Section 5.F., during the term of this Lease, Tenant shall maintain the Premises in as good condition as when Tenant took possession, or as when completed after possession in the event that Tenant takes possession prior to the Completion Date (loss or damage caused by action of the elements) Acts of God and the public enemy, ordinary wear and fire and other casualty insured against by Landlord excepted) failing which Landlord may but need not restore the Premises to such good condition and Tenant shall pay the cost thereof. At the termination of this Lease or at the termination of Tenant's right to possession without termination of this Lease, Tenant shall, subject to Sections 3C and 3D below return the Premises to Landlord broom clean and in good condition as described in the immediately preceding sentence or Landlord may, but need not, restore the Premises to such good condition and Tenant shall pay the cost thereof. C. Unless otherwise provided by written agreement, signed by Landlord, all Work (hereinafter defined), partitions, hardware, light fixtures and other fixtures (except trade fixtures and movable furniture and equipment belonging to Tenant) in or upon the Premises, whether placed there by Landlord or Tenant, shall be surrendered with the Premises at the termination of this Lease, by lapse of time or otherwise, or at the termination of Tenant's right to possession without termination of this Lease, and shall become Landlord's property without compensation to Tenant; provided, however, that if prior to any such termination of the Lease, or of the right to possession, or within ten (10) days thereafter, Landlord so directs by written notice, Tenant shall promptly remove any Work, partitions, hardware, light fixtures or other fixtures placed in or upon the Premises by Tenant and designated in such notice and repair any damage to the Premises caused by such removal, failing which Landlord may remove the same and repair the Premises and Tenant shall pay the cost thereof to Landlord upon demand. D. Tenant shall also remove its furniture, movable equipment, trade fixtures and all other items of personal property including all telephone and data wiring if required by Landlord, from the Premises prior to the end of the Term or any extension thereof, or within thirty (30) days after the early termination of this Lease for any reason, or of the termination of Tenant's right of possession; and if Tenant does not remove such property, at Landlord's election: (i) Tenant shall be conclusively presumed to have conveyed the same to Landlord under this Lease as a xxxx of sale without further payment or credit by Landlord to Tenant, (ii) Tenant shall be conclusively presumed to have forever abandoned such property, and without accepting title thereto, Landlord may, at Tenant's expense, remove, store, destroy, discard or otherwise dispose of all or any part thereof in any manner that Landlord shall choose without incurring liability to Tenant or to any other person, and Tenant shall pay to Landlord, upon demand, any and all reasonable expenses incurred in taking any of such actions. In no event shall Landlord ever become or accept or be charged with the duties of a bailee (either voluntary or involuntary) of any personal property, and the failure of Tenant to remove all such property from the Premises and the Project shall forever bar Tenant from bringing any action or asserting any liability against Landlord with respect to any such property which Tenant fails to remove. During the first thirty (30) days after the early termination of this Lease for any reason, or of the termination of Tenant's right of possession, Landlord may, at its option, remove and store any personal property not removed from the Premises by the Tenant, at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation and safe keeping thereof. Tenant shall pay to Landlord, upon demand, any and all reasonable expenses incurred by Landlord in connection with such removal and storage. Notwithstanding anything to the contrary contained in this Section 3, Tenant shall not be required to remove any part of the Work done pursuant to Appendix D or its security system or any other improvements or alterations consented to by Landlord; provided, however, Tenant shall be required to remove its telephone and data wiring if required by Landlord and to repair any and all damage caused by such removal. E. All obligations of the Tenant hereunder shall survive the expiration of the Term or sooner termination of this Lease. F. Except as may be otherwise set forth on Appendix D, Tenant's taking possession of the Premises or any portion thereof shall be conclusive evidence that the Premises or such portion were then in good order, repair and satisfactory condition. Landlord may authorize Tenant to take possession of all or any part of the Premises prior to the Commencement Date. If Tenant does take possession pursuant to such authorization, all of the covenants and conditions of this Lease shall apply to and shall control such pre-term occupancy. Rent for such pre-term occupancy shall be paid upon occupancy and on the first day of each calendar month thereafter at the rate set forth in Section 2A hereof. If the Premises are occupied for a fractional month, such Rent shall be prorated on a per diem basis.

Preparation and Condition of Premises Possession and Surrender of Premises. A. Except to the extent expressly indicated in the Tenant Improvements item on the Schedule and except as otherwise expressly set forth in Appendix D Landlord is leasing the Premises to Tenant "as is", ," without any representations or warranties of any kind (including, without limitation, any express or implied warranties of merchantability, fitness or habitability) and without any obligation on the part of the Landlord to alter, remodel, improve, repair, decorate or clean the Premises or any part thereof. If so indicated in the Tenant Improvements item on the Schedule. Landlord shall cause the Premises to be completed in accordance with the plans, specifications, and agreements and on the terms, conditions and provisions as provided in the Tenant Improvement Work Agreement (Appendix D) and Exhibit A thereto (Building Standards) both of which are attached hereto and made a part of this Lease. B. Except as may be otherwise set forth under Section 5.F., during During the term of this Lease, Tenant shall maintain the Premises in as good condition as when Tenant took possession, or as when completed after possession in the event that Tenant takes possession prior to the Completion Date (loss or damage caused by action of the elements) , Acts of God and the public enemy, ordinary wear and fire and other casualty insured against by Landlord excepted) ), failing which Landlord may but need not restore the Premises to such good condition and Tenant shall pay the cost thereof. At the termination of this Lease or at the termination of Tenant's right to possession without termination of this Lease, Tenant shall, subject to Sections 3C and 3D below below, return the Premises to Landlord broom clean and in good condition as described in the immediately preceding sentence or Landlord may, but need not, restore the Premises to such good condition and Tenant shall pay the cost thereof. C. Unless otherwise provided by written agreement, signed by Landlord, all Work (hereinafter defined), partitions, hardware, light fixtures and other fixtures (except trade fixtures and movable furniture and equipment belonging to Tenant) in or upon the Premises, whether placed there by Landlord or Tenant, shall be surrendered with the Premises at the termination of this Lease, by lapse of time or otherwise, or at the termination of Tenant's right to possession without termination of this Lease, and shall become Landlord's property without compensation to Tenant; provided, however, that if prior to any such termination of the Lease, or of the right to possession, or within ten (10) days thereafter, Landlord so directs by written notice, Tenant shall promptly remove any Work, partitions, hardware, light fixtures or other fixtures placed in or upon the Premises by Tenant and designated in such notice and repair any damage to the Premises caused by such removal, failing which Landlord may remove the same and repair the Premises and Tenant shall pay the cost thereof to Landlord upon demand. D. Tenant shall also remove its furniture, movable equipment, trade fixtures and all other items of personal property including all telephone and data wiring if required by Landlord, from the Premises prior to the end of the Term or any extension thereof, or within thirty (30) days after the early termination of this Lease for any reason, or of the termination of Tenant's right of possession; and if Tenant does not remove such property, at Landlord's election: (i) Tenant shall be conclusively presumed to have conveyed the same to Landlord under this Lease as a xxxx of sale without further payment or credit by Landlord to Tenant, (ii) Tenant shall be conclusively presumed to have forever abandoned such property, and without accepting title thereto, Landlord may, at Tenant's expense, remove, store, destroy, discard or otherwise dispose of all or any part thereof in any manner that Landlord shall choose without incurring liability to Tenant or to any other person, and Tenant shall pay to Landlord, upon demand, any and all reasonable expenses incurred in taking any of such actions. In no event shall Landlord ever become or accept or be charged with the duties of a bailee (either voluntary or involuntary) of any personal property, ; and the failure of Tenant to remove all such property from the Premises and the Project shall forever bar Tenant from bringing any action or asserting any liability against Landlord with respect to any such property which Tenant fails to remove. During the first thirty (30) days after the early termination of this Lease for any reason, or of the termination of Tenant's right of possession, Landlord may, at its option, remove and store any personal property not removed from the Premises by the Tenant, at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation and safe keeping thereof. Tenant shall pay to Landlord, upon demand, any and all reasonable expenses incurred by Landlord in connection with such removal and storage. Notwithstanding anything to the contrary contained in this Section 3, Tenant shall not be required to remove any part of the Work done pursuant to Appendix D or its security system or any other improvements or alterations consented to by Landlord; provided, however, Tenant shall be required to remove its telephone and data wiring if required by Landlord and to repair any and all damage caused by such removal. E. All obligations of the Tenant hereunder shall survive the expiration of the Term or sooner termination of this Lease. F. Except as may be otherwise set forth on Appendix D, Tenant's taking possession of the Premises or any portion thereof shall be conclusive evidence that the Premises or such portion were then in good order, repair and satisfactory condition. Landlord may authorize Tenant to take possession of all or any part of the Premises prior to the Commencement Date. If Tenant does take possession pursuant to such authorization, all of the covenants and conditions of this Lease shall apply to and shall control such pre-term occupancy. Rent for such pre-term occupancy shall be paid upon occupancy and on the first day of each calendar month thereafter at the rate set forth in Section 2A hereof. If the Premises are occupied for a fractional month, such Rent shall be prorated on a per diem basis.or

Preparation and Condition of Premises Possession and Surrender of Premises. A. Except to the extent expressly indicated in the Tenant Improvements item on the Schedule Schedule, and except as otherwise expressly set forth in Appendix D and ---------- except for latent defects with respect to the Tenant Improvement Work performed by Landlord in the Additional Space pursuant to Appendix D attached hereto, ---------- Landlord is leasing the Premises to Tenant "as is", without any representations or warranties of any kind (including, without limitation, any express or implied warranties of merchantability, fitness or habitability) and without any obligation on the part of the Landlord to alter, remodel, improve, repair, decorate or clean the Premises or any part thereof. If so indicated in the Tenant Improvements item on the Schedule. , Landlord shall cause the Premises to be completed in accordance with the plans, specifications, and agreements and on the terms, conditions and provisions as provided in the Tenant Improvement Work Agreement (Appendix D) and Exhibit A thereto (Building Standards) both of which are attached hereto and made a part of this Lease. B. Except as may be otherwise set forth under Section 5.F., during During the term of this Lease, Tenant shall maintain the Premises in as good condition as when Tenant took possession, or as when completed after possession in the event that Tenant takes possession prior to the Completion Date (loss or damage caused by action of the elements) , Acts of God and the public enemy, ordinary wear and fire fire, condemnation and other casualty insured against by Landlord excepted) failing which Landlord may but need not restore the Premises to such good condition and Tenant shall pay the cost thereof. At the termination of this Lease or at the termination of Tenant's right to possession without termination of this Lease, Tenant shall, subject to Sections 3C and 3D below below, return the Premises to Landlord broom clean and in good condition as described in the immediately preceding sentence or Landlord may, but need not, restore the Premises to such good condition and Tenant shall pay the cost thereof. C. Unless otherwise provided by written agreement, signed by Landlord, all Work (hereinafter defined), partitions, hardware, light fixtures and other fixtures (except trade fixtures and movable furniture and equipment belonging to Tenant) in or upon the Premises, whether placed there by Landlord or Tenant, shall be surrendered with the Premises at the termination of this Lease, by lapse of time or otherwise, or at the termination of Tenant's right to possession without termination of this Lease, and shall become Landlord's property without compensation to Tenant; provided, however, that if prior to any such termination of the Lease, or of the right to possession, or within ten (10) days thereafter, Landlord so directs by written notice, Tenant shall promptly remove any Work, partitions, hardware, light fixtures or other fixtures placed in or upon the Premises by Tenant and designated in such notice and repair any damage to the Premises caused by such removal, failing which Landlord may remove the same and repair the Premises and Tenant shall pay the cost thereof to Landlord upon demand. D. Tenant shall also remove its furniture, movable equipment, trade fixtures and all other items of personal property including all telephone and data wiring the UPS system, if required by Landlord, from the Premises prior to the end of the Term or any extension thereof, or within thirty (30) days after the early termination of this Lease for any reason, or of the termination of Tenant's right of possession; and if Tenant does not remove such property, at Landlord's election: (i) Tenant shall be conclusively presumed to have conveyed the same to Landlord under this Lease as a xxxx of sale without further payment or credit by Landlord to Tenant, (ii) Tenant shall be conclusively presumed to have forever abandoned such property, and without accepting title thereto, Landlord may, at Tenant's expense, remove, store, destroy, discard or otherwise dispose of all or any part thereof in any manner that Landlord shall choose without incurring liability to Tenant or to any other person, and Tenant shall pay to Landlord, upon demand, any and all reasonable expenses incurred in taking any of such actions. In no event shall Landlord ever become or accept or be charged with the duties of a bailee (either voluntary or involuntary) of any personal property, ; and the failure of Tenant to remove all such property from the Premises and the Project shall forever bar Tenant from bringing any action or asserting any liability against Landlord with respect to any such property which Tenant fails to remove. During the first thirty (30) days after the early termination of this Lease for any reason, or of the termination of Tenant's right of possession, Landlord may, at its option, remove and store any personal property not removed from the Premises by the Tenant, at the risk, risk cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation and safe keeping thereof. Tenant shall pay to Landlord, upon demand, any and all reasonable expenses incurred by Landlord in connection with such removal and storage. Notwithstanding anything to the contrary contained in this Section 3, Tenant shall not be required to remove any part of the Tenant Improvement Work done pursuant to Appendix D or its security system or any other improvements or ---------- alterations consented to by Landlord; provided, however, Tenant shall be required permitted to remove its telephone and data wiring if required by Landlord and to repair any and security system as long as Tenant repairs all damage to the Premises caused by such removal. E. All obligations of the Tenant hereunder shall survive the expiration of the Term or sooner termination of this Lease. F. Except as may be otherwise set forth on Appendix D, D and except for ---------- latent defects with respect to the Tenant Improvement Work performed by Landlord in the Additional Space pursuant to Appendix D attached hereto. ---------- Tenant's taking possession of the Premises or any portion thereof shall be conclusive evidence that the Premises or such portion were then in good order, repair and satisfactory condition. Landlord may authorize Tenant to take possession of all or any part of the Premises prior to the Commencement Date. If Tenant does take possession pursuant to such authorization, all of the covenants and conditions of this Lease shall apply to and shall control such pre-term occupancy. Rent for such pre-term occupancy shall be paid upon occupancy and on the first day of each calendar month thereafter at the rate set forth in Section 2A hereof. If the Premises are occupied for a fractional month, such Rent shall be prorated on a per diem basis.

Preparation and Condition of Premises Possession and Surrender of Premises. A. Except to the extent expressly indicated in the Tenant Improvements item on the Schedule and except as otherwise expressly set forth in Appendix D D, Landlord is leasing the Premises to Tenant "as is", without any representations or warranties of any kind (including, without limitation, any express or implied warranties of merchantability, fitness or habitability) and without any obligation on the part of the Landlord to alter, remodel, improve, repair, decorate or clean the Premises or any part thereof. If so indicated in the Tenant Improvements item on the Schedule. , Landlord shall cause the Premises to be completed in accordance with the plans, specifications, and agreements and on the terms, conditions and provisions as provided in the Tenant Improvement Work Agreement (Appendix D) and Exhibit A thereto (Building Standards) both of which are attached hereto and made a part of this Lease. B. Except as may be otherwise set forth under Section 5.F., during the term of this Lease, Tenant shall maintain the Premises in as good condition as when Tenant took possession, or as when completed after possession in the event that Tenant takes possession prior to the Completion Date (loss or damage caused by action of the elements) , Acts of God and the public enemy, ordinary wear and fire and other casualty insured against by Landlord excepted) failing which Landlord may but need not restore the Premises to such good condition and Tenant shall pay the cost thereof. At the termination of this Lease or at the termination of Tenant's right to possession without termination of this Lease, Tenant shall, subject to Sections 3C and 3D below below, return the Premises to Landlord broom clean and in good condition as described in the immediately preceding sentence or Landlord may, but need not, restore the Premises to such good condition and Tenant shall pay the cost thereof. C. Unless otherwise provided by written agreement, signed by Landlord, all Work (hereinafter defined), partitions, hardware, light fixtures and other fixtures (except trade fixtures and movable furniture and equipment belonging to Tenant) in or upon the Premises, whether placed there by Landlord or Tenant, shall be surrendered with the Premises at the termination of this Lease, by lapse of time or otherwise, or at the termination of Tenant's right to possession without termination of this Lease, and shall become Landlord's property without compensation to Tenant; provided, however, that if prior to any such termination of the Lease, or of the right to possession, or within ten (10) days thereafter, Landlord so directs by written notice, Tenant shall promptly remove any Work, partitions, hardware, light fixtures or other fixtures placed in or upon the Premises by Tenant and designated in such notice and repair any damage to the Premises caused by such removal, failing which Landlord may remove the same and repair the Premises and Tenant shall pay the cost thereof to Landlord upon demand. D. Tenant shall also remove its furniture, movable equipment, trade fixtures and all other items of personal property including all telephone and data wiring if required by Landlord, from the Premises prior to the end of the Term or any extension thereof, or within thirty (30) days after the early termination of this Lease for any reason, or of the termination of Tenant's right of possession; and if Tenant does not remove such property, at Landlord's election: (i) Tenant shall be conclusively presumed to have conveyed the same to Landlord under this Lease as a xxxx of sale without further payment or credit by Landlord to Tenant, (ii) Tenant shall be conclusively presumed to have forever abandoned such property, and without accepting title thereto, Landlord may, at Tenant's expense, remove, store, destroy, discard or otherwise dispose of all or any part thereof in any manner that Landlord shall choose without incurring liability to Tenant or to any other person, and Tenant shall pay to Landlord, upon demand, any and all reasonable expenses incurred in taking any of such actions. In no event shall Landlord ever become or accept or be charged with the duties of a bailee (either voluntary or involuntary) of any personal property, ; and the failure of Tenant to remove all such property from the Premises and the Project shall forever bar Tenant from bringing any action or asserting any liability against Landlord with respect to any such property which Tenant fails to remove. During the first thirty (30) days after the early termination of this Lease for any reason, or of the termination of Tenant's right of possession, Landlord may, at its option, remove and store any personal property not removed from the Premises by the Tenant, at the risk, risk cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation and safe keeping thereof. Tenant shall pay to Landlord, upon demand, any and all reasonable expenses incurred by Landlord in connection with such removal and storage. Notwithstanding anything to the contrary contained in this Section 3, Tenant shall not be required to remove any part of the Work done pursuant to Appendix D or its security system or any other improvements or alterations consented to by Landlord; provided, however, Tenant shall be required to remove its telephone and data wiring if required by Landlord and to repair any and all damage caused by such removal. E. All obligations of the Tenant hereunder shall survive the expiration of the Term or sooner termination of this Lease. F. Except as may be otherwise set forth on Appendix D, Tenant's taking possession of the Premises or any portion thereof shall be conclusive evidence that the Premises or such portion were then in good order, repair and satisfactory condition. Landlord may authorize Tenant to take possession of all or any part of the Premises prior to the Commencement Date. If Tenant does take possession pursuant to such authorization, all of the covenants and conditions of this Lease shall apply to and shall control such pre-term occupancy. Rent for such pre-term occupancy shall be paid upon occupancy and on the first day of each calendar month thereafter at the rate set forth in Section 2A hereof. If the Premises are occupied for a fractional month, such Rent shall be prorated on a per diem basis.