REDELIVERY OF THE PREMISES. The second sentence of Section 1.3 of the -------------------------- Lease is deleted in its entirety and replaced with the following: Tenant shall, within seven (7) days after the expiration or earlier termination of this Lease, remove from the Premises, at the sole expense of Tenant and subject to Landlord's rights therein, including Landlord's right to assert its lien therein, any equipment, machinery, trade fixtures and personalty installed or placed in the Premises by or on behalf of Tenant. Notwithstanding the foregoing, Tenant shall have the right, but not the obligation, to remove any generators, chillers, fuel tanks, UPS or infrastructure equipment which is installed or placed in the Premises by or on behalf of Tenant. Tenant shall have no obligation to remove any other improvements made to the Premises by or on behalf of Tenant. Notwithstanding anything to the contrary contained herein, Landlord may claim as its property any of the Power Equipment, as such term is defined in the Work Letter, in which event Tenant shall have no obligation to remove same. During the last one hundred twenty (120) days of the Lease term, Landlord shall advise Tenant in writing, within ten (10) days of Tenant's notice to Landlord requesting same, whether Landlord has an interest in retaining any or all of the Power Equipment. Failure by Landlord to notify Tenant within such ten (10) day period shall be deemed an election by Landlord to claim all of the Power Equipment as its property. If Landlord advises Tenant in writing of any of the Power Equipment that it will not claim as its property, Tenant may, at its sole option and expense, remove such items upon or prior to the termination of this Lease.
Appears in 1 contract
REDELIVERY OF THE PREMISES. The second sentence Upon the expiration or earlier termination of Section 1.3 this Lease or upon the exercise by Landlord of its right to re-enter the -------------------------- Premises without terminating this Lease, Tenant shall immediately deliver to Landlord the Premises free of offensive odors and in a safe, clean, neat, sanitary and operational condition reasonable wear and tear, casualty, and obsolescence excepted, together with all keys and parking and access cards. Tenant shall, by the Expiration Date or, if this Lease is deleted in its entirety and replaced with the following: Tenant shallearlier terminated, within seven (7) days after the expiration or earlier termination of this Leasetermination, remove from the Premises, at the sole expense of Tenant and subject to Landlord's rights therein, including Landlord's right to assert its lien therein, Tenant: (i) any equipment, machinery, trade fixtures and personalty installed or placed in the Premises by or on behalf of Tenant and (ii) if requested by Landlord, no less than thirty (30) days prior to such termination or re-entry all or any part of the improvements (other than Tenant. Notwithstanding the foregoing, Tenant shall have the right, but not the obligation, to remove any generators, chillers, fuel tanks, UPS or infrastructure equipment which is installed or placed in the Premises by or on behalf of Tenant. Tenant shall have no obligation to remove any 's Improvements and other improvements approved by Landlord without the requirement that same be removed upon expiration or earlier termination of the Lease) made to the Premises by or on behalf of Tenant. Notwithstanding anything All removals described above shall be accomplished in a good and workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or the plumbing, electrical lines or other utilities. Tenant shall, at its expense, promptly repair any such damage caused by any such removal, provided that in the case of improvements that Tenant is required to remove pursuant to the contrary contained hereinsecond sentence of this section, Tenant shall restore the Premises to the condition existing prior to the installation of such improvements. If Tenant fails to deliver the Premises in the condition aforesaid, after Landlord has provided all necessary approvals, access and reasonable cooperation for such restoration and/or repair then Landlord may claim as its property any of restore the Power Equipment, as Premises to such term is defined in the Work Letter, in which event Tenant shall have no obligation to remove same. During the last one hundred twenty (120) days of the Lease term, Landlord shall advise Tenant in writing, within ten (10) days of a condition at Tenant's notice expense. All property required to be removed pursuant to this Section not removed within time period required hereunder shall thereupon be conclusively presumed to have been abandoned by Tenant and Landlord requesting same, whether Landlord has an interest in retaining any or all of the Power Equipment. Failure by Landlord to notify Tenant within such ten (10) day period shall be deemed an election by Landlord to claim all of the Power Equipment as its property. If Landlord advises Tenant in writing of any of the Power Equipment that it will not claim as its property, Tenant may, at its option, take over possession of such property and either (a) declare the same to be the property of Landlord by written notice to Tenant at the address provided herein or (b) at the sole option cost and expenseexpense of Tenant, remove such items upon and store and/or dispose of the same or prior any part thereof in any manner that Landlord shall choose without incurring liability to the termination of this LeaseTenant or any other person.
Appears in 1 contract
Samples: Standard Office Lease Agreement (McAfee Associates Inc)
REDELIVERY OF THE PREMISES. The second sentence of Section 1.3 of the -------------------------- Lease is deleted in its entirety and replaced with the following: Tenant shall, within seven (7) days after Upon the expiration or earlier termination of this Lease, or upon the exercise by Landlord of its right to reenter the Premises without terminating the Lease, Tenant shall immediately deliver to Landlord the Premises in a safe, “broom clean”, neat, sanitary and operational condition, normal wear and tear excepted, together with all keys and parking and access cards. Tenant shall, by the Expiration Date or the date this Lease is earlier terminated in accordance with the terms hereof, remove from the Premises, at the sole expense of Tenant and subject to Landlord's rights therein, including Landlord's right to assert its lien thereinTenant: (i), any equipment, machinery, trade fixtures and personalty installed or placed in the Premises by or on behalf of Tenant. Notwithstanding Tenant and (ii) if requested by Landlord, all or any part of the foregoing, Tenant shall have the right, but not the obligation, to remove any generators, chillers, fuel tanks, UPS or infrastructure equipment which is installed or placed in the Premises by or on behalf of Tenant. Tenant shall have no obligation to remove any other improvements made to the Premises by or on behalf of Tenant. Notwithstanding anything All removals described above shall be accomplished in a good and workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or the plumbing, electrical lines or other utilities. Tenant shall, at its expense, promptly repair any damage caused by such removal, provided that in the case of improvements that Tenant is required to remove, Tenant shall restore the Premises to the contrary contained hereincondition existing prior to the installation of such improvements. If Tenant fails to deliver the Premises in the condition aforesaid, then Landlord may claim as its restore the Premises to such a condition at Tenant’s expense. All property any of required to be removed pursuant to this Section not removed within the Power Equipmenttime period required hereunder shall thereupon be conclusively presumed to have been abandoned by Tenant, as such term is defined in the Work Letter, in which event Tenant shall have no obligation to remove same. During the last one hundred twenty (120) days of the Lease term, and Landlord shall advise Tenant in writing, within ten (10) days of Tenant's notice to Landlord requesting same, whether Landlord has an interest in retaining any or all of the Power Equipment. Failure by Landlord to notify Tenant within such ten (10) day period shall be deemed an election by Landlord to claim all of the Power Equipment as its property. If Landlord advises Tenant in writing of any of the Power Equipment that it will not claim as its property, Tenant may, at its option, take over possession of such property and either (a) declare the same to be the property of the Landlord or (b) at the sole option cost and expenseexpense of Tenant, remove such items upon and store and/or dispose of the same or prior any part thereof in any manner that Landlord shall choose without incurring liability to Tenant or any other person. In no event shall Tenant be required to remove the Tenant Improvements at the expiration or earlier termination of this Lease.
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REDELIVERY OF THE PREMISES. The second sentence Upon the expiration or earlier termination of Section 1.3 this Lease or upon the exercise by Landlord of its right to re-enter the -------------------------- Premises without terminating this Lease is deleted and subject to Tenant’s remaining obligations under this Section, Tenant shall immediately deliver to Landlord the Premises free of offensive odors and in its entirety a safe, clean, neat, sanitary and replaced operational condition, subject to ordinary wear and tear, casualty loss, condemnation and repairs that are not Tenant’s responsibility, together with the following: all keys and parking and access cards. Tenant shall, shall within seven (7) days after the expiration or earlier termination of this Lease, (i) remove from the Premises, all at the sole expense of Tenant and subject to Landlord's rights therein, including Landlord's right to assert unless Landlord is asserting its lien rights therein, any equipment, machinery, trade fixtures and personalty installed or placed in the Premises by or on behalf of Tenant. Notwithstanding Tenant and (ii) unless requested in writing by Landlord to the foregoingcontrary, Tenant shall have (a) remove all or any part of the rightimprovements made to, but not and in accordance with the obligationCity of Houston ordinances cabling (including, to remove any generatorswithout limitation, chillers, fuel tanks, UPS or infrastructure equipment which is all phone and data cabling and related equipment) and conduit installed or placed in used in, the Premises or the Building by or on behalf of Tenant and (b) restore the Premises to the condition existing prior to the installation of such improvements, subject to ordinary wear and tear, casualty loss, condemnation and repairs that are not Tenant’s responsibility. All removals and work described above shall be accomplished in a good and workmanlike manner and shall be conducted in a fashion so as not to damage the Premises or the Building or any portion thereof. Tenant shall have no obligation shall, at its expense, promptly repair any damage caused by any such removal or work. If Tenant fails to remove any other improvements made to deliver the Premises by or on behalf of Tenant. Notwithstanding anything to in the contrary contained hereincondition aforesaid, then Landlord may claim as its restore the Premises to such a condition at Tenant’s expense. All property any of required to be removed pursuant to this Section not removed within the Power Equipment, as such term is defined in the Work Letter, in which event time period required hereunder shall thereupon be conclusively presumed to have been abandoned by Tenant shall have no obligation to remove same. During the last one hundred twenty (120) days of the Lease term, and Landlord shall advise Tenant in writing, within ten (10) days of Tenant's notice to Landlord requesting same, whether Landlord has an interest in retaining any or all of the Power Equipment. Failure by Landlord to notify Tenant within such ten (10) day period shall be deemed an election by Landlord to claim all of the Power Equipment as its property. If Landlord advises Tenant in writing of any of the Power Equipment that it will not claim as its property, Tenant may, at its option, take over possession of such property and either (a) declare the same to be the property of Landlord by written notice to Tenant at the address provided herein or (b) at the sole option cost and expenseexpense of Tenant, remove such items upon and store and/or dispose of the same or prior any part thereof in any manner that Landlord shall choose without incurring liability to the termination of this LeaseTenant or any other person.
Appears in 1 contract
REDELIVERY OF THE PREMISES. The second sentence of Section 1.3 of the -------------------------- Lease is deleted in its entirety and replaced with the following: Tenant shall, within seven (7) days after Upon the expiration or earlier termination of this Lease, or upon the exercise by Landlord of its right to re-enter the Premises without terminating this Lease, Tenant shall immediately deliver to Landlord the Premises in a safe, "broom clean", neat, sanitary and operational condition, normal wear and tear excepted, together with all keys and parking and access cards. Tenant shall, by the Expiration Date or the date this Lease is earlier terminated in accordance with the terms hereof, remove from the Premises, at the sole expense of Tenant and subject to Landlord's rights therein, including Landlord's right to assert Tenant: (i) unless Landlord is asserting its lien rights therein, any equipment, machinery, trade fixtures and personalty installed or placed in the Premises by or on behalf of Tenant. Notwithstanding Tenant and (ii) if requested by Landlord, all or any part of the foregoing, Tenant shall have the right, but not the obligation, to remove any generators, chillers, fuel tanks, UPS or infrastructure equipment which is installed or placed in the Premises by or on behalf of Tenant. Tenant shall have no obligation to remove any other improvements made to the Premises by or on behalf of Tenant. Notwithstanding anything All removals described above shall be accomplished in a good and workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or the plumbing, electrical lines or other utilities. Tenant shall, at its expense, promptly repair any damage caused by such removal, provided that in the case of improvements that Tenant is required to remove, Tenant shall restore the Premises to the contrary contained hereincondition existing prior to the installation of such improvements. If Tenant fails to deliver the Premises in the condition aforesaid, then Landlord may claim as its property any of restore the Power Equipment, as Premises to such term is defined in the Work Letter, in which event Tenant shall have no obligation to remove same. During the last one hundred twenty (120) days of the Lease term, Landlord shall advise Tenant in writing, within ten (10) days of a condition at Tenant's notice expense. All property required to be removed pursuant to this Section not removed within time period required hereunder shall thereupon be conclusively presumed to have been abandoned by Tenant, and Landlord requesting same, whether Landlord has an interest in retaining any or all of the Power Equipment. Failure by Landlord to notify Tenant within such ten (10) day period shall be deemed an election by Landlord to claim all of the Power Equipment as its property. If Landlord advises Tenant in writing of any of the Power Equipment that it will not claim as its property, Tenant may, at its option, take over possession of such property and either (a) declare the same to be the property of Landlord or (b) at the sole option cost and expenseexpense of Tenant, remove such items upon and store and/or dispose of the same or prior any part thereof in any manner that Landlord shall choose without incurring liability to the termination of this LeaseTenant or any other person. .
Appears in 1 contract
Samples: Commercial Lease Agreement (Natural Health Trends Corp)
REDELIVERY OF THE PREMISES. The second sentence of Section 1.3 of the -------------------------- Lease is deleted in its entirety and replaced with the following: Tenant shall, within seven (7) days after Upon the expiration or earlier termination of this Lease, or upon the exercise by Landlord of its right to re-enter the Premises without terminating this Lease, Tenant shall immediately deliver to Landlord the Premises in a safe, "broom clean", neat, sanitary and operational condition, normal wear and tear excepted, together with all keys and parking and access cards. Tenant shall, by the Expiration Date or the date this Lease is earlier terminated in accordance with the terms hereof, remove from the Premises, at the sole expense of Tenant and subject to Landlord's rights therein, including Landlord's right to assert Tenant: (i) unless Landlord is asserting its lien rights therein, any equipment, machinery, trade fixtures and personalty installed or placed in the Premises by or on behalf of Tenant. Notwithstanding Tenant and (ii) if requested by Landlord, all or any part of the foregoing, Tenant shall have the right, but not the obligation, to remove any generators, chillers, fuel tanks, UPS or infrastructure equipment which is installed or placed in the Premises by or on behalf of Tenant. Tenant shall have no obligation to remove any other improvements made to the Premises by or on behalf of Tenant. Notwithstanding anything All removals described above shall be accomplished in a good and workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or the plumbing, electrical lines or other utilities. Tenant shall, at its expense, promptly repair any damage caused by such removal, provided that in the case of improvements that Tenant is required to remove, Tenant shall restore the Premises to the contrary contained hereincondition existing prior to the installation of such improvements. If Tenant fails to deliver the Premises in the condition aforesaid, then Landlord may claim as its property any of restore the Power Equipment, as Premises to such term is defined in the Work Letter, in which event Tenant shall have no obligation to remove same. During the last one hundred twenty (120) days of the Lease term, Landlord shall advise Tenant in writing, within ten (10) days of a condition at Tenant's notice expense. All property required to be removed pursuant to this Section not removed within time period required hereunder shall thereupon be conclusively presumed to have been abandoned by Tenant, and Landlord requesting same, whether Landlord has an interest in retaining any or all of the Power Equipment. Failure by Landlord to notify Tenant within such ten (10) day period shall be deemed an election by Landlord to claim all of the Power Equipment as its property. If Landlord advises Tenant in writing of any of the Power Equipment that it will not claim as its property, Tenant may, at its option, take over possession of such property and either (a) declare the same to be the property of Landlord or (b) at the sole option cost and expenseexpense of Tenant, remove such items upon and store and/or dispose of the same or prior any part thereof in any manner that Landlord shall choose without incurring liability to the termination of this LeaseTenant or any other person.
Appears in 1 contract
Samples: Commercial Lease Agreement (Medstone International Inc/)
REDELIVERY OF THE PREMISES. The second sentence Upon the expiration or earlier termination of Section 1.3 this Lease or upon the exercise by Landlord of its right to re-enter the -------------------------- Premises without terminating this Lease is deleted and subject to Tenant's remaining obligations under this Section, Tenant shall immediately deliver to Landlord the Premises, ordinary wear and tear excepted, but free of offensive odors and in its entirety a safe, clean, neat, sanitary and replaced operational condition, together with the following: all keys and parking and access cards. Tenant shall, shall (i) within seven (7) days after the expiration or earlier termination of this Lease, remove from the Premises, at the sole expense of Tenant and subject to Landlord's rights therein, including Landlord's right to assert unless Landlord is asserting its lien rights therein, any equipment, machinery, trade fixtures and personalty installed or placed in the Premises by or on behalf of Tenant. Notwithstanding Tenant and (ii) if requested by Landlord for improvements designated at the foregoingtime Landlord grants consent to the construction or installation of the Tenant Improvements, Tenant shall have the right, but not the obligation, (a) remove all or any part of said improvements made to remove any generators, chillers, fuel tanks, UPS or infrastructure equipment which is and conduit installed or placed in the Premises or the Building by or on behalf of TenantTenant and (b) restore the Premises to the condition existing prior to the installation of such improvements. All removals and work described above shall be accomplished in a good and workmanlike manner and shall be conducted in a fashion so as not to damage the Premises or the Building or any portion thereof. Tenant shall have no obligation shall, at its expense, promptly repair any damage caused by any such removal or work. If Tenant fails to remove any other improvements made to deliver the Premises by or on behalf of Tenant. Notwithstanding anything to in the contrary contained hereincondition aforesaid, then Landlord may claim as its property any of restore the Power Equipment, as Premises to such term is defined in the Work Letter, in which event Tenant shall have no obligation to remove same. During the last one hundred twenty (120) days of the Lease term, Landlord shall advise Tenant in writing, within ten (10) days of a condition at Tenant's notice expense. All property required to be removed pursuant to this Section not removed within the time period required hereunder shall thereupon be conclusively presumed to have been abandoned by Tenant and Landlord requesting same, whether Landlord has an interest in retaining any or all of the Power Equipment. Failure by Landlord to notify Tenant within such ten (10) day period shall be deemed an election by Landlord to claim all of the Power Equipment as its property. If Landlord advises Tenant in writing of any of the Power Equipment that it will not claim as its property, Tenant may, at its option, take over possession of such property and either (a) declare the same to be the property of Landlord by written notice to Tenant at the address provided herein or (b) at the sole option cost and expenseexpense of Tenant, remove such items upon and store and/or dispose of the same or prior any pan thereof in any manner that Landlord shall choose without incurring liability to the termination of this LeaseTenant or any other person.
Appears in 1 contract
Samples: Lease Agreement (Interliant Inc)
REDELIVERY OF THE PREMISES. The second sentence Upon the expiration or earlier termination of Section 1.3 this Lease or upon the exercise by Landlord of its right to re-enter the -------------------------- Premises without terminating this Lease, Tenant shall immediately deliver to Landlord the Premises free of offensive odors and in a safe, clean, neat, sanitary and operational condition REASONABLE WEAR AND TEAR, CASUALTY, AND OBSOLESCENCE EXCEPTED, together with all keys and parking access cards. Tenant shall, by the Expiration Date or, if this Lease is deleted in its entirety and replaced with the following: Tenant shallearlier terminated, within seven (7) days after the expiration or earlier termination of this Leasetermination, remove from the Premises, at the sole expense of Tenant and subject to Landlord's rights therein, including Landlord's right to assert its lien therein, Tenant: (i) any equipment, machinery, trade fixtures and personalty installed or placed in the Premises by or on behalf of Tenant and (ii) if requested by Landlord, NO LESS THAN THIRTY (30) DAYS PRIOR TO SUCH TERMINATION OR RE-ENTRY all or any part of the improvements (other than Tenant. Notwithstanding the foregoing, Tenant shall have the right, but not the obligation, to remove any generators, chillers, fuel tanks, UPS or infrastructure equipment which is installed or placed in the Premises by or on behalf of Tenant. Tenant shall have no obligation to remove any 's Improvements and other improvements approved by Landlord without the requirement that same be removed upon expiration or earlier termination of the Lease) made to the Premises by or on behalf of Tenant. Notwithstanding anything All removals described above shall be accomplished in a good and workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or the plumbing, electrical lines or other utilities. Tenant shall, at its expense, promptly repair ANY SUCH DAMAGE caused by any such removal, provided that in the case of improvements that Tenant is required to remove PURSUANT TO THE SECOND SENTENCE OF THIS SECTION, Tenant shall restore the Premises to the contrary contained hereincondition existing prior to the installation of such improvements. If Tenant fails to deliver the Premises in the condition aforesaid, AFTER LANDLORD HAS PROVIDED ALL NECESSARY APPROVALS, ACCESS AND REASONABLE COOPERATION FOR SUCH RESTORATION AND/OR REPAIR then Landlord may claim as its property any of restore the Power Equipment, as Premises to such term is defined in the Work Letter, in which event Tenant shall have no obligation to remove same. During the last one hundred twenty (120) days of the Lease term, Landlord shall advise Tenant in writing, within ten (10) days of a condition at Tenant's notice expense. All property required to be removed pursuant to this Section not removed within time period required hereunder shall thereupon be conclusively presumed to have been abandoned by Tenant and Landlord requesting same, whether Landlord has an interest in retaining any or all of the Power Equipment. Failure by Landlord to notify Tenant within such ten (10) day period shall be deemed an election by Landlord to claim all of the Power Equipment as its property. If Landlord advises Tenant in writing of any of the Power Equipment that it will not claim as its property, Tenant may, at its option, take over possession of such property and either (a) declare the same to be the property of Landlord by written notice to Tenant at the address provided herein or (b) at the sole option cost and expenseexpense of Tenant, remove such items upon and store and/or dispose of the same or prior any part thereof in any manner that Landlord shall choose without incurring liability to the termination of this LeaseTenant or any other person.
Appears in 1 contract
Samples: Standard Office Lease Agreement (Networks Associates Inc/)
REDELIVERY OF THE PREMISES. The second sentence of Section 1.3 of the -------------------------- Lease is deleted in its entirety and replaced with the following: Tenant shall, within seven (7) days after Upon the expiration or earlier termination of this Lease, or upon the exercise by Landlord of its right to re-enter the Premises without terminating this Lease, Tenant shall immediately deliver to Landlord the Premises in a safe, "broom clean", neat, sanitary and operational condition, normal wear and tear and casualty excepted, together with all keys and parking and access cards. Tenant shall, by the Expiration Date or the date this Lease is earlier terminated in accordance with the terms hereof, remove from the Premises, at the sole expense of Tenant and subject to Landlord's rights therein, including Landlord's right to assert Tenant: (i) unless Landlord is asserting its lien rights therein, any equipment, machinery, trade fixtures and personalty installed or placed in the Premises by or on behalf of Tenant. Notwithstanding Tenant and (ii) if requested by Landlord, all or any part of the foregoing, Tenant shall have the right, but not the obligation, to remove any generators, chillers, fuel tanks, UPS or infrastructure equipment which is installed or placed in the Premises by or on behalf of Tenant. Tenant shall have no obligation to remove any other improvements made to the Premises by or on behalf of Tenant. Notwithstanding anything All removals described above shall be accomplished in a good and workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or the plumbing, electrical lines or other utilities. Tenant shall, at its expense, promptly repair any damage caused by such removal, provided that in the case of improvements that Tenant is required to remove, Tenant shall restore the Premises to the contrary contained hereincondition existing prior to the installation of such improvements, normal wear and tear accepted. If Tenant fails to deliver the Premises in the condition aforesaid, then Landlord may claim as its property any of restore the Power Equipment, as Premises to such term is defined in the Work Letter, in which event Tenant shall have no obligation to remove same. During the last one hundred twenty (120) days of the Lease term, Landlord shall advise Tenant in writing, within ten (10) days of a condition at Tenant's notice expense. All property required to be removed pursuant to this Section not removed within time period required hereunder shall thereupon be conclusively presumed to have been abandoned by Tenant, and Landlord requesting same, whether Landlord has an interest in retaining any or all of the Power Equipment. Failure by Landlord to notify Tenant within such ten (10) day period shall be deemed an election by Landlord to claim all of the Power Equipment as its property. If Landlord advises Tenant in writing of any of the Power Equipment that it will not claim as its property, Tenant may, at its option, take over possession of such property and either (a) declare the same to be the property of Landlord or (b) at the sole option cost and expenseexpense of Tenant, remove such items upon and store and/or dispose of the same or prior any part thereof in any manner that Landlord shall choose without incurring liability to the termination of this LeaseTenant or any other person.
Appears in 1 contract
REDELIVERY OF THE PREMISES. The second sentence of Section 1.3 Upon the expiration or earlier termination of the -------------------------- Lease or upon the exercise by Landlord of its right to re-enter the Premises without terminating this Lease, Tenant shall immediately deliver to Landlord the Premises free of offensive odors and in a safe, clean, neat, sanitary and operational condition, together with all keys and parking and access cards. Tenant shall, by the Expiration Date or, if this Lease is deleted in its entirety and replaced with the following: Tenant shallearlier terminated, within seven (7) days after the expiration or earlier termination of this Leasetermination, remove from the Premises, at the sole expense of Tenant and subject to Landlord's rights therein, including Landlord's right to assert Tenant: (i) unless Landlord is asserting its lien rights therein, any equipment, machinery, trade fixtures and personalty personally installed or placed in the Premises by or on behalf of Tenant and (ii) if requested by Landlord, all or any part of the improvements (other than Tenant. Notwithstanding 's Improvements and other improvements approved by Landlord without the foregoing, Tenant shall have requirement that same be removed upon expiration or earlier termination of the right, but not Lease) made to the obligation, to remove any generators, chillers, fuel tanks, UPS or infrastructure equipment which is installed or placed in the Premises premises by or on behalf of Tenant. A11 removals described above shall be accomplished 3n a good and workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or the plumbing, electrical lines or other utilities. Tenant shall, at its expense, promptly repair any damage caused by any such removal, provided that in the case of improvements that Tenant is required to remove, Tenant shall have no obligation to remove any other improvements made restore the Premises to the Premises by or on behalf of Tenant. Notwithstanding anything condition existing prior to the contrary contained hereininstallation of such improvements. If Tenant fails to deliver the premises in the condition aforesaid, then Landlord may claim as its property any of restore the Power Equipment, as Premises to such term is defined in the Work Letter, in which event Tenant shall have no obligation to remove same. During the last one hundred twenty (120) days of the Lease term, Landlord shall advise Tenant in writing, within ten (10) days of a condition at Tenant's notice expense. All property required to be removed pursuant to this Section not removed within time period required hereunder shall thereupon be conclusively presumed to have been abandoned by Tenant and Landlord requesting same, whether Landlord has an interest in retaining any or all of the Power Equipment. Failure by Landlord to notify Tenant within such ten (10) day period shall be deemed an election by Landlord to claim all of the Power Equipment as its property. If Landlord advises Tenant in writing of any of the Power Equipment that it will not claim as its property, Tenant may, at its option, take over possession of such property and either (a) declare the same to be the property of Landlord by written notice to Tenant at the address of such property (b) at the sole option cost and expenseexpense of Tenant, remove such items upon and store and/or dispose of the same or prior any part thereof in any manner that Landlord shall choose without incurring liability to the termination of this LeaseTenant or any other person.
Appears in 1 contract