Removal Obligations. Notwithstanding anything to the contrary contained in this Lease, Tenant shall remove any or all Cables within or serving the Premises upon expiration or earlier termination of this Lease. If Tenant fails to remove any such Cables, or violates any other provision of this Section 25, Landlord may, after twenty (20)-days’ notice to Tenant, remove such Cables or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease, at Law or in equity), which amount plus five percent (5%) thereof shall be paid by Tenant within thirty (30) days after Tenant’s receipt of an invoice therefor, together with reasonable supporting evidence. Tenant shall not, without the prior consent of Landlord in each instance (which may be withheld in Landlord’s sole discretion), grant to any third party a security interest in, or lien on, any Cables, and any such security interest or lien granted without Landlord’s consent shall be null and void. Notwithstanding anything to the contrary contained in this Lease, and without limiting the provisions of Section 25(a) above, except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Cable will be free from the following (collectively, “Cable Problems”): (1) any eavesdropping or wiretapping by unauthorized parties, (2) any failure of any Cable to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Cables or by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Cables or any associated equipment, or any other problems associated with any Cable by any other cause. Under no circumstances shall any Cable Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent or otherwise, or relieve Tenant from performance of Tenant’s other obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Cable Problems. The provisions of this Section 25 shall survive the expiration or earlier termination of this Lease.
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Samples: Lease Agreement (Avalara Inc)
Removal Obligations. Notwithstanding anything to the contrary contained in this Lease, Landlord reserves the right to require that Tenant shall remove any or all Cables within or serving the Premises upon expiration or earlier termination of this Lease. Any Cables not required by Landlord to be removed pursuant to this Section 26(d) shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove any such CablesCables as required by Landlord, or violates any other provision of this Section 2526, Landlord may, after twenty (20)-days’ notice to Tenant, remove such Cables or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease, at Law or in equity), which amount plus five percent (5%) thereof shall be paid by Tenant within thirty (30) days after Tenant’s receipt of an invoice therefor, together with reasonable supporting evidence. Tenant shall not, without the prior consent of Landlord in each instance (which may be withheld in Landlord’s sole discretion), grant to any third party a security interest in, or lien on, any Cables, and any such security interest or lien granted without Landlord’s consent shall be null and void. Notwithstanding anything to the contrary contained in this Lease, and without limiting the provisions of Section 25(a26(a) above, except to the extent arising from the intentional or grossly negligent acts (or failures to act) of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Cable will be free from the following (collectively, “Cable Problems”): (1) any eavesdropping or wiretapping by unauthorized parties, (2) any failure of any Cable to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Cables or by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Cables or any associated equipment, or any other problems associated with any Cable by any other cause. Under no circumstances shall any Cable Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent or otherwise, or relieve Tenant from performance of Tenant’s other obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Cable Problems. The provisions of this Section 25 26 shall survive the expiration or earlier termination of this Lease. This Lease is executed on the respective dates set forth below, but for reference purposes, this Lease shall be dated as of the date first above written. If the execution date is left blank, this Lease shall be deemed executed as of the date first written above. LANDLORD: TALON PORTFOLIO SERVICES, LLC, a Washington limited liability company, as General Receiver for W2007 Seattle Office 110 Atrium Place Realty, LLC, a Delaware limited liability company, King County Case No. 12-2-21253-8-SEA By: _______________________________ Name: _______________________________ Title: _______________________________ Execution Date: ___________, 20__ TENANT: AUGME TECHNOLOGIES, INC., a Washington corporation By: _______________________________ Name: _______________________________ Title: _______________________________ Execution Date: _______________________ By: _______________________________ Name: _______________________________ Title: _______________________________ Execution Date: ___________, 20__ STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this _______________, 20__, before me personally appeared _________________, to me known to be the Managing Principal of Talon Portfolio Services, LLC, a Washington limited liability company, as General Receiver for W2007 Seattle Office 110 Atrium Place Realty, LLC, a Delaware limited liability company, King County Case No. 12-2-21253-8-SEA, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and seal hereto affixed the day and year first above written. __________________________________________ __________________________________________ Type or print name Notary Public in and for the State of ____________ Residing at _______________________________ My commission expires: ____________________ STATE OF ______________ } } ss. COUNTY OF } On this _____ day of ________________, 20__, before me, a Notary Public in and for the State of Washington, personally appeared _________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument; on oath stated that said individual was authorized to execute the instrument, and acknowledged it as the _________________ of Augme Technologies, Inc., a Washington corporation, to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument.
Appears in 1 contract
Samples: Lease Agreement (Hipcricket, Inc.)
Removal Obligations. Notwithstanding anything to the contrary contained in this Lease, Landlord reserves the right to require that Tenant shall remove any or all Cables within or serving the Premises upon expiration or earlier termination of this Lease. Any Cables not required by Landlord to be removed pursuant to this Section 26(d) shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove any such CablesCables as required by Landlord, or violates any other provision of this Section 2526, Landlord may, after twenty (20)-days’ notice to Tenant, remove such Cables or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease, at Law or in equity), which amount plus five three percent (53%) thereof shall be paid by Tenant within thirty (30) days after Tenant’s receipt of an invoice therefor, together with commercially reasonable supporting evidence. Tenant shall not, without the prior consent of Landlord in each instance (which may be withheld in Landlord’s sole discretion), grant to any third party a security interest in, or lien on, any Cables, and any such security interest or lien granted without Landlord’s consent shall be null and void. Notwithstanding anything to the contrary contained in this Lease, and without limiting the provisions of Section 25(a26(a) above, except to the extent arising from the intentional or grossly negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Cable will be free from the following (collectively, “Cable Problems”): (1) any eavesdropping or wiretapping wire tapping by unauthorized parties, (2) any failure of any Cable to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Cables or by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Cables or any associated equipment, or any other problems associated with any Cable by any other cause. Under no circumstances shall any Cable Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent or otherwise, or relieve Tenant from performance of Tenant’s other obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Cable Problems. The provisions of this Section 25 26 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Glu Mobile Inc)
Removal Obligations. Notwithstanding anything In the event that, in the course of developing the Construction Documents, Tenant changes the configuration of the Premises from that shown in the approved Final Space Plan, Landlord may, by written notice to Tenant given concurrently with giving Landlord’s consent to the contrary contained Construction Documents, require Tenant, at Tenant’s expense, to remove at the end of the Term any portion of the Tenant Improvements introduced in this Leasethe reconfigured plan which in Landlord’s reasonable judgment, Tenant shall remove 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 such as laboratory improvements, any or all Cables within or serving exercise EXHIBIT B [BIOMARIN PHARMACEUTICAL INC.] facility, and any cafeteria (collectively referred to as “TI Required Removables”), and to repair any damage to the Premises upon expiration or earlier termination of this Leaseand Building caused by such removal. If Tenant fails to remove complete such removal and/or to repair any such Cables, or violates any other provision of this Section 25, Landlord may, after twenty (20)-days’ notice to Tenant, remove such Cables or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease, at Law or in equity), which amount plus five percent (5%) thereof shall be paid by Tenant within thirty (30) days after Tenant’s receipt of an invoice therefor, together with reasonable supporting evidence. Tenant shall not, without the prior consent of Landlord in each instance (which may be withheld in Landlord’s sole discretion), grant to any third party a security interest in, or lien on, any Cables, and any such security interest or lien granted without Landlord’s consent shall be null and void. Notwithstanding anything to the contrary contained in this Lease, and without limiting the provisions of Section 25(a) above, except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Cable will be free from the following (collectively, “Cable Problems”): (1) any eavesdropping or wiretapping by unauthorized parties, (2) any failure of any Cable to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the removal of any such TI Required Removables, then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue in accordance with the terms of Article 16 of the Lease, until such work shall be completed, or (B) Landlord may do so and may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, maintenanceplacement, replacementand removal or financing of any such Tenant Improvements in, use on or removal about the Premises, which obligations of Cables or by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Cables or any associated equipment, or any other problems associated with any Cable by any other cause. Under no circumstances shall any Cable Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent or otherwise, or relieve Tenant from performance of Tenant’s other obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Cable Problems. The provisions of this Section 25 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Removal Obligations. Notwithstanding anything In the event that, in the course of developing the Construction Documents, Tenant changes the configuration of the Premises from that shown in the approved Final Space Plan, Landlord may, by written notice to Tenant given concurrently with giving Landlord’s consent to the contrary contained Construction Documents, require Tenant, at Tenant’s expense, to remove at the end of the Term any portion of the Tenant Improvements introduced in this Leasethe reconfigured plan which in Landlord’s reasonable judgment, Tenant shall remove 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 such as laboratory improvements, any or all Cables within or serving exercise EXHIBIT B -9- [SAN XXXXXX CORPORATE CENTER] [BIOMARIN PHARMACEUTICAL INC.] [Tenant-Controlled Build-Out] facility, and any cafeteria (collectively referred to as “TI Required Removables”), and to repair any damage to the Premises upon expiration or earlier termination of this Leaseand Building caused by such removal. If Tenant fails to remove complete such removal and/or to repair any such Cables, or violates any other provision of this Section 25, Landlord may, after twenty (20)-days’ notice to Tenant, remove such Cables or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease, at Law or in equity), which amount plus five percent (5%) thereof shall be paid by Tenant within thirty (30) days after Tenant’s receipt of an invoice therefor, together with reasonable supporting evidence. Tenant shall not, without the prior consent of Landlord in each instance (which may be withheld in Landlord’s sole discretion), grant to any third party a security interest in, or lien on, any Cables, and any such security interest or lien granted without Landlord’s consent shall be null and void. Notwithstanding anything to the contrary contained in this Lease, and without limiting the provisions of Section 25(a) above, except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Cable will be free from the following (collectively, “Cable Problems”): (1) any eavesdropping or wiretapping by unauthorized parties, (2) any failure of any Cable to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the removal of any such TI Required Removables, then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue in accordance with the terms of Article 16 of the Lease, until such work shall be completed, or (B) Landlord may do so and may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, maintenanceplacement, replacementand removal or financing of any such Tenant Improvements in, use on or removal about the Premises, which obligations of Cables or by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Cables or any associated equipment, or any other problems associated with any Cable by any other cause. Under no circumstances shall any Cable Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent or otherwise, or relieve Tenant from performance of Tenant’s other obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Cable Problems. The provisions of this Section 25 shall survive the expiration or earlier termination of this Lease. In no event shall any portion of the lobby be included within the definition of TI Required Removables.
Appears in 1 contract
