Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 4 contracts
Samples: Lease (Turning Point Therapeutics, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, damage by fire or other casualty, and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding , free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the cleaning Premises by Tenant or any Tenant Party (collectively, "Tenant HazMat Operations") and released of any lab systems and sealing any connection points license, clearance or other authorization of any such lab systems kind required to enter into and restore the PremisesPremises issued by any Governmental Authority having jurisdiction over the use, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender storage, handling, treatment, generation, release, disposal, removal or remediation of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premisesin, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of on or about the Premises (“Exit Survey”collectively referred to herein as "Hazardous Materials Clearances"). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, at Landlord's sole option and without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with those Alterations as to which Landlord conditioned its approval upon removal at the Wi-Fi Network, if any) installed expiration or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling earlier termination of the Premises or below the floor of the Premises)Lease, all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 Any items installed by Landlord or using any allowance from Landlord shall survive remain in the Premises unless required to be removed by Landlord in Landlord's sole discretion. Notwithstanding the foregoing, Tenant shall have no obligation to (and shall not except with Landlord's prior written consent) remove or restore the following at the expiration or earlier termination of this Leasethe Lease Term: (i) any fixtures, improvements or alterations to the Premises existing as of the Lease Commencement Date, (ii) any items installed by Landlord at its expense or using any allowance from Landlord during the Lease Term, and (iii) all of Landlord's fixtures, equipment furnishing, furniture and other personal property located in the Premises (the "Existing Personal Property"), which Existing Personal Property is listed on Exhibit I attached hereto. During the Lease Term, Tenant shall have the right to use the Existing Personal Property at no additional rent, provided Tenant shall maintain and surrender such items in substantially the same condition as received on the Lease Commencement Date, reasonable wear and tear and damage by fire or other casualty excepted. Notwithstanding anything herein to the contrary, Landlord agrees that all items listed on Exhibit J attached hereto are the property of Tenant and, along with all other furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant (the "Tenant Personal Property"), may be removed by Tenant from the Premises at any time, including upon the expiration or earlier termination of the Lease Term, provided that Tenant repairs at its own expense all damage to the Premises and Building resulting from such removal.
Appears in 4 contracts
Samples: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantcondition, reasonable wear and tear tear, casualty loss and condemnation, damage by Landlord or any Landlord Party, and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At ; provided that Landlord has provided the requirement for such procedures at least one hundred twenty (120) days prior to Tenant’s surrender of the Premises. Prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord Landlord, and (“Surrender Plan”). Within ten (10b) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained of all appropriate governmental releases pertaining to the Premises obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”)Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey to the extent such recognized environmental conditions were caused by Tenant or the Tenant’s Parties and compliance with any recommendations set forth in the Exit SurveySurvey to the extent relating to recognized environmental conditions caused by Tenant or the Tenant’s Parties. 908728.01/SD 374622.00146/4-30-21/MLT/bp ActiveUS 186012966v.2 Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any Upon such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does somay, the holdover provisions of Article 16 of this Lease but shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any eventnot be obligated to, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), and Tenant shall label the same if not removed. Tenant shall remove all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualties, alterations or other interior improvements which Tenant is permitted to surrender at the termination of this Lease and repairs which are specifically made not the responsibility of Landlord Tenant hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord, and (b) written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained of all appropriate governmental releases pertaining to the Premises obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”)Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and caused by Tenant or any Tenant’s Parties and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply if a third party is unable to use the entire PremisesPremises as a result thereof. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall Tenant be required to remove (and Tenant shall not remove) any of the Tenant Improvements installed by Landlord pursuant to Exhibit B. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease (Applied Molecular Transport Inc.), Lease (Applied Molecular Transport LLC)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord, and (b) written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained of all appropriate governmental releases pertaining to the Premises obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”)Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premisesapply. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantcondition, reasonable wear and tear tear, casualty loss and condemnation, damage by Landlord or any Landlord Party, and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At ; provided that Landlord has provided the requirement for such procedures at least one hundred twenty (120) days prior to Tenant’s surrender of the Premises. Prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord Landlord, and (“Surrender Plan”). Within ten (10b) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained of all appropriate governmental releases pertaining to the Premises obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”)Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey to the extent such recognized environmental conditions were caused by Tenant or the Tenant’s Parties and compliance with any recommendations set forth in the Exit SurveySurvey to the extent relating to recognized environmental conditions caused by Tenant or the Tenant’s Parties. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any Upon such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does somay, the holdover provisions of Article 16 of this Lease but shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any eventnot be obligated to, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), and Tenant shall label the same if not removed. Tenant shall remove all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable ordinary wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive Any property of Tenant not removed by Tenant upon the expiration or earlier termination of the Term of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant's default), as provided in this Lease, shall be considered abandoned and Landlord may remove any or all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant, and if Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, in its sole discretion, may deem proper, without notice to or demand upon Tenant, for the payment of all or any part of such charges or the removal of any such property, and shall apply the proceeds of such sale as follows: first, to the cost and expense of such sale, including reasonable attorneys' fees and costs for services rendered; second, to the payment of the cost of or charges for storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant.
Appears in 1 contract
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantcondition, reasonable wear and tear tear, damaged caused by Casualty, and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s 's restoration obligations may also include satisfying Landlord’s 's commercially reasonable procedures regarding the cleaning and purging of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s 's sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, in addition to Tenant's obligations under Section 29.32, below, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, server and telephone equipment, movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant's or Tenant's Parties' activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the extent a future tenant or occupant is delayed in constructing initial improvements in the Premises as a result.
Appears in 1 contract
Samples: Lease Agreement (Cytokinetics Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth All walls in the Surrender Plan kitchen areas shall be scrubbed clean, and that Tenant has obtained free of all appropriate governmental releases pertaining to the Premises in accordance with applicable lawsgrease, including laws pertaining to the surrender of the Premises (“Exit Survey”). In additionfood, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premisesother residue. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all Lines installed or caused to be installed by Tenant (including without limitation, telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (Tenant, including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), leave the interior walls painted or cleaned as needed, and remove all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and cabling, wiring or conduit (including any such cabling or wiring associated with any telephone system or network, if any) which may have been placed at the Building or within the Building by or on behalf of Tenant, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. TenantAt Landlord’s obligations option (subject to Sections 8.1 and 8.3) Tenant also shall be required to remove any Alterations made by or for Tenant in accordance with Section 8.3, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. If Tenant fails to complete any required removal of any Alterations, improvements, equipment and/or appurtenances in the Premises and/or to repair any damage caused by such removal pursuant to the terms of this Section 15.2, then Rent shall continue to accrue under this Section 15.2 Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall survive be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Regardless of anything to the contrary set forth above or elsewhere in this Lease, Landlord shall conduct a walkthrough of the Premises with Tenant at least 120 days prior to the expiration or earlier termination of this Leasethe Lease Term and notify Tenant in writing of the Alterations, improvements, equipment and/or appurtenances that are to be removed.
Appears in 1 contract
Samples: Lease (Hippo Holdings Inc.)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and tear, repairs which are specifically made the responsibility of Landlord hereunder hereunder, and casualty excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Landlord acknowledges, consents and agrees that all improvements within the Premises, including the Tenant Improvements and all Alterations, and all furniture, trade fixtures, and equipment installed in or on or located in or about the Premises by Tenant’s obligations under this Section 15.2 , whether affixed to the Premises or otherwise (the "TRADE FIXTURES"), shall survive be and all times remain the sole property of Tenant (whether or not the cost of same was reimbursed by Landlord), but if not removed at the expiration of the Lease Term the Tenant Improvements and all Alterations shall automatically become Landlord's property. The Alterations (but not the Tenant Improvements) and the Trade Fixtures may be removed by Tenant (or any equipment lessor or lender of Tenant) at any time during the Lease Term prior to the expiration or earlier termination thereof, whether or not such items would be otherwise regarded as property of this LeaseLandlord by operation of law or otherwise. Tenant, at its expense, shall repair any damage to the Premises or the Project caused by such removal.
Appears in 1 contract
Samples: Office Lease (Equity Marketing Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), Promises all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant shall not be required to remove (i) the improvements in the Original Premises existing as of the date of this Lease, (ii) the Tenant Improvements described in and to be constructed in accordance with the Work Letter attached to this Lease as Exhibit B, (iii) any Alterations or tenant improvements which are customary and typical for business office operations subject to Section 8.4, and (iv) any Alteration or tenant improvement installed by Tenant with Landlord's prior written approval unless such removal was required by Landlord as a condition precedent to Landlord's consent thereto and such condition was imposed at the time Landlord so consented to such Alteration or tenant improvement. Nothing contained in this Lease shall be construed as creating a security interest or other property interest in Tenant’s obligations under 's furniture, fixtures and equipment and Tenant shall be entitled to remove such items at any time during the term of this Section 15.2 shall survive the Lease or upon expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Ticketmaster)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Notwithstanding anything to the contrary contained herein, on or before the Expiration Date or any earlier termination of this Lease, Tenant shall, at Tenant’s obligations under this Section 15.2 sole cost and expense and in compliance with the National Electric Code and other applicable laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the exclusive benefit of Tenant in or around the Premises (collectively, the “Cabling”); provided, however, Tenant shall survive not remove the Cabling if Tenant receives a written notice from Landlord at least fifteen (15) days prior to the expiration of the Lease authorizing all or any portion of the Cabling to remain in place, in which event the Cabling or portion thereof authorized by Landlord remain at the Premises shall be surrendered with the Premises upon expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Nara Bancorp Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, freeAlterations and Tenant Improvements which do not conform to the Specifications (provided Landlord conditioned its approval of their installation under Section 8.5 above upon Tenant’s removal of such Alterations or non-standard Tenant Improvements (as applicable) upon the expiration or earlier termination of this Lease), free- standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant also shall comply with the provisions of Section 8.5 of this Lease. Notwithstanding the foregoing, with respect to Tenant’s obligations under this Section 15.2 cabling, Landlord shall survive have the option, exercisable by written notice to Tenant on or before the day which is thirty (30) days prior to the expiration or earlier termination of this Lease, to require Tenant to remove any or all of its cabling from the Premises and to repair any damage to the Premises resulting from such removal; provided, however, that if Landlord so requires Tenant to remove such cabling and if, within six (6) months after the date of expiration or earlier termination of this Lease, leasehold improvements within the Premises are demolished in a manner such that the amount expended to remove such cabling as a part of such demolition would have been less than the amount previously incurred by Tenant to remove such cabling, Landlord shall promptly rebate to Tenant the difference between the amount expended by Tenant to remove such cabling and the amount which would have been incurred by Landlord to remove such cabling as a part of the demolition process described herein.
Appears in 1 contract
Samples: Office Lease and Settlement Agreement (Peregrine Systems Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on On or before the expiration or earlier termination of this Lease, then until Tenant does soshall remove (i) all of Tenant's Property (defined below) and Tenant's signage from the Premises and other portions of the Project, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration (ii) any Alterations or termination, Non Standard Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause Improvements which Landlord has designated to be removed from at the Premises time of its consent thereto, and Tenant shall repair any damage caused by all of such removal activities. "Tenant's Property" means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed used by Tenant and located above the ceiling of the Premises or below the floor of the Premises), all debris inventories, goods and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned of Tenant. Any of Tenant's Property not so removed by Tenant or installed or placed by Tenant at its expense in the Premisesas required herein shall be deemed abandoned and may be stored, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall repair remain liable to Landlord for all costs incurred in storing and disposing of such abandoned S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 property of Tenant. Landlord may elect to take responsibility to remove any such wiring or cabling required to be removed by Tenant pursuant to this Section 15.2, in which case Tenant shall pay Landlord for the reasonable, actual cost incurred by Landlord therefor, within thirty (30) days after being billed for the same, which billing shall be sent no later than ninety (90) days after the expiration or termination of this Lease. All Alterations and Tenant Improvements except those which Landlord requires Tenant to remove at its own expense all damage to the time of Landlord's consent thereto shall remain in the Premises and Building resulting from such removalas the property of Landlord. Tenant’s obligations under this Section 15.2 shall survive If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with this Article 15 and Section 5.3 above, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Article 16 below) until the Premises are so surrendered in accordance with said provisions.
Appears in 1 contract
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, peaceably quit and surrender possession of the Premises to Landlord broom clean and otherwise in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such all items of furniture, equipment, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as and all Alterations designated by Landlord may, for removal in its sole discretion, require to be removedaccordance with Section 8.2 hereof, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from the installation thereof and/or from such removal. Tenant’s obligations under this Section 15.2 shall survive Notwithstanding anything to the expiration contrary contained herein, Tenant shall, at its sole cost and expense, remove from the Premises, prior to the end of the Term, any item installed by or earlier termination for Tenant and which, pursuant to Applicable Laws, must be removed therefrom before the Premises may be used by a subsequent tenant. If Tenant fails to remove any property from the Building or the Premises which Tenant is obligated by the terms of this LeaseLease to remove within seven (7) business days after written notice from Landlord, all or any of such property (the “Abandoned Property”) shall, at Landlord’s option be conclusively deemed to have been abandoned, and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any item of Abandoned Property shall be sold, Tenant hereby agrees that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, to the expenses of the sale, the cost of moving and storage, any damages to which Landlord may be entitled hereunder or pursuant to law, and to any arrears of Rent.
Appears in 1 contract
Samples: Lease (Cogent Biosciences, Inc.)
Removal of Tenant Property by Tenant. Notwithstanding anything to the contrary contained herein, all articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the Tenant Improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term. Further, in connection therewith, Landlord agrees to execute any reasonable waivers or lien releases in connection with Tenant’s lease of any such articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, moveable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises and similar articles of any other person claiming under Tenant. In connection with any removal/restoration requirements, Tenant shall repair at its own expense all damage to the Premises and Building resulting from any such removal. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required under any circumstance (including, without limitation, in the event that this Lease terminates prior to the Lease Expiration Date because of a default by Tenant hereunder or in the event Tenant exercises its Second Termination Right in Section 2.2.2 hereof) to remove Tenant’s HVAC system and any cabling, wiring or conduit (including any such cabling or wiring associated with the Wi-Fi Network, if any) which may have been placed at the Real Property or within the Building by or on behalf of Tenant; provided, however, upon the expiration or sooner termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, be required to remove any non-general office type Tenant Improvements and Alterations (and repair any damage caused by such removal) identified by Landlord in accordance with Section 8.4 above. Landlord and Tenant acknowledge and agree that nothing in this Section 15.2 shall prohibit Tenant from removing any furniture, equipment, free-standing cabinet work and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of at any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and time throughout the Lease Term (provided that Tenant shall repair at its own expense all repairs any damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Leasetherefrom).
Appears in 1 contract
Samples: Office Lease (Legalzoom Com Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on On or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions shall remove at Tenant’s expense (i) all of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease Tenant’s Property (defined below) and shall, in any event, remove or cause to be removed Tenant’s signage from the Premises and other portions of the Project, (ii) any Permitted Alterations, and (iii) any other Alterations Landlord, by notice to Tenant given at the time Landlord has consented to such Alteration, has required Tenant to remove, and Tenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris inventories, goods and rubbishpersonal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and such items disposed of furniture, equipment, free-standing cabinet workby Landlord at Tenant’s expense, and other articles Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of personal such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property owned by Tenant of Tenant. Landlord may elect to take responsibility to remove any such wiring or cabling installed above the ceiling or placed by Tenant at its expense in beneath the floors of the Premises, and such similar articles of any other persons claiming under Tenantin which case Tenant shall pay Landlord for the actual reasonable cost incurred by Landlord therefor, as Landlord maywithin thirty (30) days after being billed for the same. Notwithstanding anything contained herein to the contrary, in its sole discretionthe event Tenant elects, require in accordance with the terms, covenants and conditions of this Lease, to be removedremove the existing corridors located on the North or South sides of the eleventh (11th) floor of the Building (as shown on Exhibit E attached hereto), at the expiration or earlier termination of the Lease, Landlord shall have the right (but not the obligation) to restore such corridors following Lease termination to Building standard condition and Tenant shall repair at be obligated to reimburse Landlord for all reasonable costs incurred in connection therewith within thirty (30) days after receipt of an invoice therefor, together with reasonable back-up documentation. In the event that Tenant exercises its own expense all damage Option in accordance with the terms of Section 2.2 above, then Tenant shall only be obligated to reimburse Landlord for one-third of the reasonable restoration costs incurred by Landlord pursuant to the immediately preceding sentence and, in the event that the Lease Term is extended such that Tenant occupies the Premises for at least one hundred eighty (180) consecutive months, then Tenant shall not be obligated to reimburse Landlord for any restoration costs incurred by Landlord pursuant to the immediately preceding sentence. In the event Tenant elects, in accordance with the terms, covenants and Building resulting from conditions of this Lease, to remove the existing corridors located on the East side of the eleventh (11th) floor of the Building, Tenant shall have no obligation to restore such removalcorridor on the expiration or earlier termination of the Lease. Tenant’s obligations under The terms of this Section 15.2 shall survive the expiration or earlier termination of the Lease. All Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with this Article 15, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Article 16 below) until the Premises are so surrendered in accordance with said provisions.
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Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 1516, quit and surrender possession of the Premises to Landlord in as good order and the same condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantimproved, reasonable wear and tear and repairs which that are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises (a) all telephone, data, Trade Fixtures and any other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premisesproperty, (b) all debris and rubbish, (c) all cabling, and (d) such similar articles of any other persons claiming under Tenant, as Landlord mayTenant Improvements and Alterations that Landlord, in its sole and absolute discretion, require requires to be removed; provided, and however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing at the time of granting consent that the improvement or addition in question need not be removed. Tenant shall repair at its own expense all damage to the Premises and the Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive If such removal is not completed before the expiration or earlier termination of this Leasethe Lease Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Lease Term through the end of the time reasonably required for such removal, plus an administrative fee equal to ten percent (10%) or the cost of removal and restoration of the Premises. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property.
Appears in 1 contract
Samples: Office Lease (Twilio Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipmentequipment (including, without limitation, all telephone or other form of communication lines or wires owned and/or installed by Tenant), business and trade fixtures, free-standing cabinet work, movable partitions, all signs and placards, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Landlord may elect to retain or dispose of, in any manner, any Alterations or Tenant’s obligations personal property that Tenant does not remove (and was not directed by Landlord to remove) from the Premises on the expiration or termination of the Term. Title to any such Alterations or Tenant’s personal property that Landlord elects to retain or dispose of on expiration of the Term shall vest in Landlord. Tenant hereby waives any rights it may have to notice under Civil Code sections 1980 et seq. with respect to such Alterations or Tenant’s personal property. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s personal property pursuant to this Section 15.2. Tenant shall be liable to Landlord for Landlord’s costs for storing, removing and disposing of any Alterations or Tenant’s personal property pursuant to this Section 15.2 and shall survive indemnify and hold Landlord harmless from the expiration or earlier termination claim of this Leaseany third party to an interest in said personal property.
Appears in 1 contract
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder and damage from casualty or condemnation excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing business and trade fixtures, freestanding cabinet work, movable partitions, all signs and placards, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Repair of damage shall not include any obligation to repaint or recarpet the Premises to the extent the need for such repainting and/or re-carpeting results from ordinary wear and tear. Landlord may elect to retain or dispose of, in any manner, any Alterations or Tenant’s obligations under this Section 15.2 shall survive personal property that Tenant does not remove (and was not directed by Landlord to remove) from the Premises on the expiration or earlier termination of the Term. Title to any such Alterations or Tenant’s personal property that Landlord elects to retain or dispose of on expiration of the Term shall vest in Landlord. Tenant hereby waives any rights it may have to notice under Civil Code sections 1980 et seq. with respect to such Alterations or Tenant’s personal property. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s costs for storing, removing and disposing of any Alterations or Tenant’s personal property and shall indemnify and hold Landlord harmless from the claim of any third party to an interest in said personal property. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have no obligation to remove any improvements existing in the Sublease Premises or Expansion Premises as of the date the Sublease Premises and/or the Expansion Premises, as the case, were delivered to Tenant.
Appears in 1 contract
Samples: Office Lease (TrueCar, Inc.)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, shall quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of under this Lease shall apply to the entire Premisesexcepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all furniture, equipment, free-standing cabinet work, trade fixtures and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and all debris and rubbish, and such similar articles of any other persons claiming under Tenant, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Notwithstanding any other provision of this Lease to the contrary, Tenant shall have no obligation to remove any (i) improvements existing in the Premises as of the Effective Date of the Fifth Amendment, (ii) any Refurbishment Work described in the “Scope of Work” attached hereto as Exhibit D, or (iii) telephone, data, data and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of in the Premises at any time. Upon the expiration or below any earlier termination of this Lease, Tenant shall have the floor of right, but not the Premisesobligation (unless such specialized improvement was previously designated by Landlord to be removed pursuant to Section 8(c) above), all debris to remove from the Premises any specialized improvements paid for and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned installed by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Premises from Tenant, ’s own funds so long as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair repairs at its own expense all damage to the Premises and Building resulting from such removal.”
10.3. From and after the Effective Date, with respect to Section 16(c) of the Original Lease, the phrase “or sell” shall be added after the word “refinance” therein, and the phrase “lender” set forth two (2) times therein shall be deleted and replaced with: “lender and/or prospective purchaser, as the case may be”.
10.4. From and after the Effective Date, the following shall be added to the end of the penultimate sentence of Section 17 of the Original Lease: “and Tenant’s obligations right to quiet possession of the premises shall not be disturbed by such purchaser at the foreclosure sale, grantee under the deed in lieu of foreclosure or ground lessor, as the case may be, so long Tenant is not in default under this Section 15.2 Lease and so long as Tenant shall survive pay the expiration or earlier termination rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms.”
10.5. From and after June 1, 2013, Section 9 of the Third Amendment shall be deleted in its entirety and of no further force or effect.
Appears in 1 contract
Samples: Marina Village Office Tech Lease (Insite Vision Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and tear, casualty and/or repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations with respect to any Alterations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord, and (b) written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained of all appropriate necessary governmental releases pertaining to the Premises obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”)Premises. In addition, Tenant agrees to remain responsible for remediation after the surrender of the Premises for to the remediation of any recognized environmental conditions set forth in extent the Surrender Plan and Exit Survey concludes that Tenant has Released Hazardous Materials on, under or emanating from the Premises and compliance the Affected Areas in material violation of Environmental Law and that such Release requires Corrective Action. Tenant shall undertake Corrective Action only with any recommendations set forth in respect to contamination caused by Tenant if, and only to the Exit Surveyextent required by the governmental authority exercising jurisdiction over the matter. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premisesapply. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wiwi-Fi Networkfi network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), if and to the extent that such cabling, wiring and wi-fi network will materially adversely affect the next tenant of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, : (i) quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, except for (A) reasonable wear and tear and repairs (B) damage from casualty which are is not specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems responsibility to repair pursuant to Article 10.1 above; and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120ii) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Notwithstanding anything to contrary in the Lease, Tenant shall have no obligation to remove the Landlord Improvements, the Tenant Improvements, or any Alterations or improvements (unless such Alterations or improvements are specialty improvements and Landlord notified Tenant in writing of the removal requirement at the time of approval in accordance with Article 8). In addition, Tenant shall have no obligation to remove any cabling, conduit or trade fixtures (unless elected, at Tenant sole election) and shall otherwise leave the Premises in its then existing condition unless Tenant elects to terminate the Lease under Rider No. 5 attached hereto, to reduce the size of the Premises under Rider No. 4 attached hereto, or Landlord terminates the Lease due to a Tenant Event of Default, in which case Tenant shall be responsible for such removal at Tenant’s obligations under this Section 15.2 shall survive sole cost and expense prior to the expiration or earlier termination of this the Lease.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of Section 8.5 above and this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualty and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning , free of any lab systems liens or encumbrances and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire PremisesSection 29.40 below. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, unattached equipment, unattached business and trade fixtures, free-standing cabinet work, movable partitions and walls and other articles of personal property owned by Tenant or installed or placed by a Tenant at its expense Party (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal), and remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may require pursuant to Section 8.5 above. No later than twenty (20) days prior to Tenant’s planned move out of the Premises, and such similar articles of any other persons claiming under upon notice from Tenant, as Landlord may, shall do a walk-through of the Premises with Tenant and confirm in its sole discretion, require writing what items Landlord believes Tenant is obligated to be removed, and remove. Tenant shall repair at its own expense all damage to the Premises and Building resulting from removal of the items described above. If Tenant fails to remove any property, including any of the property described above, Landlord may, at Landlord’s option, (1) deem such removal. items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations under hereunder (including collection costs and attorneys’ fees), plus interest thereon at the Default Rate, or (3) elect any of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 15.2 Article 15 shall survive the expiration or earlier termination end of this Leasethe Lease Term.
Appears in 1 contract
Samples: Sublease Agreement (Snowflake Inc.)
Removal of Tenant Property by Tenant. Upon Within thirty (30) days after the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord broom-clean, in as good order condition and condition repair as when Tenant took possession and as thereafter improved by Landlord and/or Tenantis required to maintain the same throughout the Lease Term, reasonable normal wear and tear excepted, together with all keys and repairs which are specifically made combinations to locks, safes and vaults and all improvements, alterations, additions, and fixtures installed in, upon orto the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part interior or exterior of the Premises, except personal property, signs and trade fixtures, all of which shall thereupon become the property of Landlord without any claim by Tenant therefor, but the surrexxxx xf such property to Landlord shall not be deemed to be a payment of rent or in lieu of any rents, charges or other sums reserved hereunder. Tenant shall provide Landlord with a facility decommissioning have up to thirty (30) days after the expiration of the Lease Term in which to remove Tenant's personal property, sigxx xxx trade fixtures, and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable Tenant shall pay to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s upon the surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining an amount equal to the Premises in accordance with applicable laws, including laws pertaining to the surrender one-half (1/4) of the Premises (“Exit Survey”)Base Rent calculated on a per diem basis using the last month's Base Rent. In additionBefore surrendering the Premises, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shallmay, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease but shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any eventnot be obligated to, remove any improvements, alterations, additions, lighting fixtures, apparatus, equipment and decorations at any time made or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiringin, installed above upon or to the ceiling interior or exterior of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of Tenant further agrees to repair any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and damage caused thereby. If Tenant shall repair fail to remove any of Tenant's said personal property, signs and trade fixtures, said property shall, at its own expense all damage the option of Landlord, either be deemed abandoned and become the exclusive property of Landlord, or Landlord shall have the right to the Premises remove and Building resulting from such removal. store said property, without further notice to or demand upon Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Aei Net Lease Income & Growth Fund Xix Limited Partnership)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s 's restoration obligations may also shall include satisfying Landlord’s commercially reasonable procedures regarding complying with applicable law with respect to the 843078.08/SD374622-00033/8-4-16/MLT/dek -32- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s 's sole cost and expense. At least one hundred twenty thirty (12030) days prior to Tenant’s 's surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises ("Exit Survey") prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of Landlord, and no later than the PremisesLease Expiration Date, Tenant shall provide Landlord with or earlier termination date, written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained of all appropriate governmental releases pertaining to the Premises obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender closure of the laboratories within the Premises (“Exit Survey”)and their related permits. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey (other than those caused by Landlord or caused by the migration of Hazardous Materials through no fault of Tenant, through air, water or soil, into the Premises) and compliance with any recommendations set forth in the Exit SurveySurvey relating to Hazardous Materials for which Tenant is responsible under the terms of this Lease. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s 's or Tenant’s 's Parties’ ' activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premisesapply. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s 's obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Achaogen Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of Section 8.5 above and this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning , free of any lab systems liens or encumbrances and sealing any connection points free of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for placed on the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of Tenant or Tenant Parties during the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire PremisesTerm. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, unattached equipment, unattached business and trade fixtures, free-standing cabinet work, movable partitions and walls and other articles of personal property owned by Tenant or installed or placed by a Tenant at its expense Party (but Tenant may not remove any such item which was paid for, in the Premiseswhole or in part, by Landlord unless Landlord requires such removal), and remove such similar articles of any other persons claiming under alterations, additions, improvements, and Tenant's Off-Premises Equipment, as Landlord may, in its sole discretion, may require pursuant to be removed, and Section 8.5 above. Tenant shall repair at its own expense all damage to the Premises and Building resulting from removal of the items described above. If Tenant fails to remove any property, including any of the property described above, Landlord may, at Landlord's option, (1) deem such removalitems to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations hereunder (including collection costs and attorneys' fees), plus interest thereon at the Default Rate, or (3) elect any of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. Tenant’s obligations under The provisions of this Section 15.2 Article 15 shall survive the expiration or earlier termination end of this Leasethe Lease Term.
Appears in 1 contract
Samples: Office Lease (INPHI Corp)
Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the Tenant Improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, may require to be removed, and Tenant shall repair at its own expense all damage to the Premises and the Building resulting from such removal. Tenant’s obligations under Not withstanding anything to the contrary to this Section 15.2 lease, Tenant shall survive not be required to remove any alterations or improvements from the Premises at the expiration or earlier early termination of this LeaseLease unless said alteration/improvement does not comply with the first sentence of Section 8.1 above.
Appears in 1 contract
Samples: Office Lease (Trinet Group Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also shall include satisfying Landlord’s commercially reasonable procedures regarding complying with applicable law with respect to the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty ten (12010) days (as extended as a result of any delay in response by the applicable governmental authorities) prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of Landlord, and no later than the PremisesLease Expiration Date, Tenant shall provide Landlord with or earlier termination date, written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained of all appropriate governmental releases pertaining to the Premises obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender closure of the laboratories within the Premises (“Exit Survey”)and their related permits. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit SurveySurvey (other than those caused by Landlord or caused by the migration of Hazardous Materials through no fault of Tenant, through air, water or soil, into the Premises) and compliance with any recommendations set forth in the Exit Survey relating to Hazardous Materials for which Tenant is responsible under the terms of this Lease. Tenant shall, upon the expiration or earlier termination of this LeaseLease (as extended as a result of any delay in response by the applicable governmental authorities), furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premisesapply. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Kezar Life Sciences, Inc.)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, shall quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or TenantLandlord, reasonable wear and tear tear, damage from casualty and condemnation and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, work and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, Tenant and Tenant shall repair at its own expense all damage to the Premises and Building Project resulting from such removal. Tenant’s obligations If Tenant shall fail to remove all of its property from the Premises prior to the expiration of the Lease Term or earlier termination of this Lease for any cause whatsoever, Landlord may, at its option, either treat such property as being conveyed to Landlord in which case the same shall automatically and without further action be deemed to be the sole property of Landlord, or remove the same in any manner that Landlord shall choose, and store or dispose of said property without liability to Tenant for loss thereof, and Tenant agrees to pay to Landlord upon demand any and all expenses incurred in such removal, including court costs, reasonable attorneys' fees and storage charges on such property for any length of time that the same shall be in Landlord's possession. In the alternative, Landlord may, at its option, sell said property, or any of the same, in such manner as Landlord determines to be appropriate in Landlord's reasonable business judgment, for such prices as Landlord may obtain and apply the proceeds of such sale to any amounts due under this Section 15.2 shall survive Lease from Tenant to Landlord and to the expense incident to the removal and sale of such property. Tenant waives the benefit of any statutory provisions governing the treatment by a lessor of a lessee's personal property left in leased premises following the expiration of the lease, in the event Tenant fails to remove all of its property from the Premises upon the expiration of the Lease Term or earlier termination of this Lease, the parties hereby agreeing that the provisions of this Lease constitute the express agreement of the parties with respect thereto and are intended to govern such situation.
Appears in 1 contract
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, upon request of Landlord, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualty and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all Lines installed by Tenant (including without limitation, telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (Tenant, including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), leave the interior walls painted (or touched-up, as appropriate) and cleaned as needed, and remove all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and cabling, wiring or conduit (including any such cabling or wiring associated with any telephone system or network, if any) which may have been placed at the Building or within the Building by or on behalf of Tenant, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. TenantAt Landlord’s obligations option, but subject to the terms and conditions set forth in the Work Letter, Tenant also shall be required to remove the Tenant Improvements and any Alterations made by or for Tenant in accordance with Section 8.3, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. If Tenant fails to complete any required removal of any Alterations, equipment and/or appurtenances in the Premises and/or to repair any damage caused by such removal pursuant to the terms of this Section 15.2, then Rent shall continue to accrue under this Section 15.2 Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall survive be completed, and Landlord shall have the expiration or earlier termination of this Leaseright, but not the obligation, to perform such work and to charge the cost thereof to Tenant.
Appears in 1 contract
Samples: Lease (Atlas Crest Investment Corp.)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualty, condemnation and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems Prior to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises (other than reasonable wear and tear) and Building resulting from such removal. , which repair shall include steam cleaning the carpet in the Premises, unless Landlord notifies Tenant in writing that Landlord will perform all or any portion of such removal or repair on Tenant’s obligations under this Section 15.2 behalf and at Tenant’s sole cost and expense (plus a five percent (5%) administrative fee), in which case, at Landlord’s election, either (i) Landlord shall be reimbursed for such costs out of the Security Deposit, or (ii) Tenant shall pay to Landlord the estimated cost for such removal and/or repair within five (5) days of Landlord’s demand and, upon completion of such removal and/or repair, Tenant shall pay to Landlord any difference between the actual cost for such removal and/or repair and the estimated cost previously paid to Landlord within five (5) days of Landlord’s demand. The foregoing payment obligation shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Maxlinear Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord broom clean and in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, less reasonable wear and tear and repairs and maintenance which are specifically made the responsibility of Landlord hereunder and damage by fire or other casualty not required to be restored by Tenant under Article 11 and damage by condemnation excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, signs (including but not limited to the Exterior Sign referred to in Section 23.4) movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. IF THE SAME HAVE NOT BEEN REMOVED BY TENANT PRIOR TO THE EXPIRATION OR SOONER TERMINATION OF THE LEASE TERM, LANDLORD SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO IMMEDIATELY REMOVE ANY OR ALL OF TENANT’S TRADE FIXTURES, FURNISHINGS, EQUIPMENT, AND OTHER PERSONAL PROPERTY LOCATED IN, ON OR ABOUT THE PREMISES AND PLACE THE SAME IN STORAGE OR OTHERWISE RETAIN OR DISPOSE OF THE SAME IN ANY MANNER AS LANDLORD IN ITS SOLE DISCRETION MAY ELECT, IN EITHER CASE AT THE EXPENSE AND RISK OF TENANT, ANY SUCH PROPERTY SHALL BE DEEMED ABANDONED, AND LANDLORD SHALL HAVE NO DUTY, LIABILITY OR OBLIGATION TO TENANT IN CONNECTION THEREWITH. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Premises on any such date and any rights which it may otherwise have under applicable law with respect to the removal or disposal of Tenant’s obligations under personal property. The provisions of this Section 15.2 shall survive are subject and subordinate to the expiration or earlier termination provisions of this LeaseSection 8.5.
Appears in 1 contract
Samples: Office Lease (HMS Holdings Corp)
Removal of Tenant Property by Tenant. All articles of Tenant’s personal property, furniture (whether bolted or otherwise), furnishings, business machines and equipment and trade fixtures (whether or not affixed to the Premises), signs, communications equipment, moveable partitions, security equipment, networking equipment and viewing screens, a/v and video equipment, built-in television sets or projection screens, telecommunications equipment, seating, projectors and other items bolted in place, free-standing cabinet work, chillers, computer systems, furnishings, blowers, the uninterrupted power supply machinery and equipment and other articles of personal property or other property unique to Tenant’s operations and owned by Tenant or installed or placed by Tenant in the Premises, including the Tenant HVAC System owned by Tenant or installed by Tenant at its expense in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term, provided that the foregoing shall not reduce or alter Tenant’s obligation to remove personal property or other items or improvements to the extent set forth in this Lease. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, damage by casualty and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building Buildings resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Electronic Arts Inc)
Removal of Tenant Property by Tenant. Upon All articles of personal property and all business and trade fixtures, machinery and equipment (including computer systems, communications, security, networking and telecommunications equipment and viewing screens, a/v and video equipment, built-in television sets and projection screens), generators, signs, furniture, free standing (but not built-in) cabinet work, movable partitions and other articles of personal property unique to Tenant’s operations and owned by Tenant or any person claiming under Tenant or installed by Tenant at its expense in the Premises, including the Supplemental HVAC Equipment (collectively, “Tenant’s Property”), whether bolted or otherwise, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term, and if so removed by Tenant, Tenant shall, at its own expense, promptly repair all damage to the Premises, Building and Project resulting from such removal. Subject to the terms of Section 8.3 above, upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs repairs, casualty damage and condemnation damage which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems Subject to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender terms of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shallSection 8.3 above, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, : (i) remove or cause to be removed from the Premises all telephone, datadebris and rubbish, and other cabling and wiring all of Tenant’s Property (including subject, however, to the provisions of clause (iii) hereinbelow); (ii) at Tenant’s option, either (A) remove or cause to be removed from the Premises any cabling and and/or wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant, or (B) leave such cabling and/or wiring in place (provided, however, that if Tenant elects to leave such cabling and/or wiring in place pursuant to clause (including any B) hereinabove, such cabling and/or wiring must be in good condition and wiringworking order and in compliance with applicable Laws); and (iii) notwithstanding anything to the contrary contained in Section 8.3 above, installed above the ceiling at Tenant’s option, either (A) remove or cause to be removed all of the Premises Supplemental HVAC Equipment installed or below the floor caused to be installed by Tenant, or (B) leave some or all of the Premises)Supplemental HVAC Equipment in place (provided, however, that if Tenant elects to leave some or all debris of the Supplemental HVAC Equipment in place pursuant to clause (B) hereinabove, such Supplemental HVAC Equipment must be in good condition and rubbishworking order, in compliance with applicable Laws, and if only a portion of the Supplemental HVAC Equipment is left in place, such portion must be a complete, independent and operating unit). In connection with the removal of the items of furnituredescribed in clauses (i),(ii) and (iii) hereinabove, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (United Online Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s 's restoration obligations may also include satisfying Landlord’s 's commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s 's sole cost and expense. At least one hundred twenty ten (12010) days prior to Tenant’s 's surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises ("Exit Survey") prepared by an independent third party reasonably acceptable to Landlord Landlord, and (“Surrender Plan”). Within ten (10b) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained of all appropriate governmental releases pertaining to the Premises obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”)Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey for which Tenant is responsible for under this Lease and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s 's or Tenant’s 's Parties’ ' activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premisesapply. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp -30- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s 's obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Kura Oncology, Inc.)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, Alterations and Tenant Improvements which do not conform to the Specifications (provided Landlord conditioned its approval of their installation under Section 8.5 above upon Tenant's removal of such Alterations or non-standard Tenant Improvements (as applicable) upon the expiration or earlier termination of this Lease), free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] expense all damage to the Premises and Building resulting from such removal. Tenant also shall comply with the provisions of Section 8.5 of this Lease. Notwithstanding the foregoing, with respect to Tenant’s obligations under this Section 15.2 's cabling, Landlord shall survive have the option, exercisable by written notice to Tenant on or before the day which is thirty (30) days prior to the expiration or earlier termination of this Lease, to require Tenant to remove any or all of its cabling from the Premises and to repair any damage to the Premises resulting from such removal; provided, however, that if Landlord so requires Tenant to remove such cabling and if, within six (6) months after the date of expiration or earlier termination of this Lease, leasehold improvements within the Premises are demolished in a manner such that the amount expended to remove such cabling as a part of such demolition would have been less than the amount previously incurred by Tenant to remove such cabling, Landlord shall promptly rebate to Tenant the difference between the amount expended by Tenant to remove such cabling and the amount which would have been incurred by Landlord to remove such cabling as a part of the demolition process described herein.
Appears in 1 contract
Removal of Tenant Property by Tenant. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, which items are not a part of the tenant improvements installed in the Premises, shall remain the property of Tenant, and may be removed by Tenant at any time during the Lease Term as long as Tenant is not in default under this Lease with any applicable cure period having expired. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. In addition to the foregoing, Tenant acknowledges its responsibility to remove from the parking structure certain bicycle lockers which had been installed by Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems predecessor and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty which fit in three (1203) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable reserved parking spaces allocated to Landlord (“Surrender Plan”)its predecessor. Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon Upon the expiration or earlier early termination of this Lease, furnish Tenant shall remove such bicycle lockers (which shall remain the exclusive property of Tenant, subject to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination other provisions of this Lease) and shall return the parking spaces and restore the concrete slab associated with each of the parking spaces to their original condition, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premisesordinary wear and tear excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Tenant’s obligations under this Section 15.2 shall survive the Upon such expiration or earlier termination Tenant shall, without expense to Landlord remove or cause to be removed from the Premises all debris and rubbish, and such items of this Leasefurniture, equipment, any telecommunications lines and cabling installed by or at the request of Tenant, free standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises and such similar articles of any other persons claiming under Tenant, as Landlord may in its sole discretion require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal.
Appears in 1 contract
Samples: Office Lease (Active Network Inc)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 1515 and Sections 8.2 and 8.5, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantof this Lease, reasonable wear and tear tear, casualty, and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, subject to the terms of Sections 8.2 and 8.5 of this Lease, and subject to the last sentence of this Section 15.2, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephonePremises, data, and other cabling and wiring (including any cabling and wiring associated Tenant Improvements or Alterations designated by Landlord in accordance with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling terms of the Premises or below the floor of the Premises)this Lease, all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions, all signs and placards, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenantarticles, as Landlord may, in its sole reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. Landlord may elect to retain or dispose of, in any manner, any Alterations or Tenant’s obligations under this Section 15.2 shall survive 's personal property that Tenant does not remove (and was not directed by Landlord to remove) from the Premises on the expiration or earlier termination of this Lease.the Term. Title to any such Alterations or Tenant's personal property that Landlord elects to retain or dispose of on expiration of the Term shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's personal property. Tenant shall be liable to Landlord for Landlord's reasonable and actual costs for storing, removing and disposing of any Alterations or Tenant's personal property and shall indemnify and hold Landlord harmless from the claim of any third party to an interest in said personal property. XXXXXX REALTY [999 North Xxxxxxxxx] [Encore Software]
Appears in 1 contract
Samples: Office Lease (Navarre Corp /Mn/)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear tear, casualties, alterations or other interior improvements which Tenant is permitted to surrender at the termination of this Lease and repairs which are specifically made not the responsibility of Landlord Tenant hereunder excepted. Tenant’s 's restoration obligations may also include satisfying Landlord’s 's commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s 's sole cost and expense. At least one hundred twenty ten (12010) days prior to Tenant’s 's surrender of possession of any part of the Premises, Tenant shall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises ("Exit Survey") prepared by an independent third party reasonably acceptable to Landlord Landlord, and (“Surrender Plan”). Within ten (10b) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained of all appropriate governmental releases pertaining to the Premises obtained by Tenant in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”)Premises. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and caused by Tenant or any Tenant's Parties and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all 879352.05/SD374622-00001/3-28-19/MLT/bp -28- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] governmental permits and licenses, if any, issued in connection with Tenant’s 's or Tenant’s 's Parties’ ' activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply if a third party is unable to use the entire PremisesPremises as a result thereof. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal. In no event shall Tenant be required to remove (and Tenant shall not remove) any of the Tenant Improvements or Landlord’s Work installed by Landlord pursuant to Exhibit B. Tenant’s 's obligations under this Section 15.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Fluidigm Corp)
Removal of Tenant Property by Tenant. Upon the expiration of the Lease Term, or upon any earlier early termination of this LeaseLease due to Tenant's default hereunder, Tenant shall, subject to the provisions of this Article 1552, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenantat the date of the making of this Lease, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Tenant’s restoration obligations may also include satisfying Landlord’s commercially reasonable procedures regarding the cleaning of any lab systems and sealing any connection points of any such lab systems to the Premises, all at Tenant’s sole cost and expense. At least one hundred twenty (120) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises prepared by an independent third party reasonably acceptable to Landlord (“Surrender Plan”). Within ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with written evidence that Tenant has fulfilled Tenant’s obligations set forth in the Surrender Plan and that Tenant has obtained all appropriate governmental releases pertaining to the Premises in accordance with applicable laws, including laws pertaining to the surrender of the Premises (“Exit Survey”). In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Surrender Plan and Exit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant shall, upon the expiration or earlier termination of this Lease, furnish to Landlord evidence that Tenant has closed all governmental permits and licenses, if any, issued in connection with Tenant’s or Tenant’s Parties’ activities at the Premises. If any such governmental permits or licenses have been issued and Tenant fails to provide evidence of such closure on or before the expiration or earlier termination of this Lease, then until Tenant does so, the holdover provisions of Article 16 of this Lease shall apply to the entire Premises. Upon such expiration or termination, Tenant shall, without expense to Landlord, satisfy any surrender obligations pursuant to Section 8.3 of this Lease and shall, in any event, remove or cause to be removed from the Premises all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), all debris and rubbish, and such items of furniture, equipment, free-standing cabinet work, trade fixtures, and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Demised Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Demised Premises and Building resulting from such removal. Removal of Tenant’s obligations under 's Property by Landlord. Whenever Landlord shall re-enter the Demised Premises as provided in this Section 15.2 shall survive Lease, any personal property of Tenant not removed by Tenant upon the expiration of the Lease Term, or earlier within forty-eight (48) hours after a termination by reason of Tenant's default as provided in this Lease, shall be deemed abandoned by Tenant and may be disposed of by Landlord, at Tenants cost, in accordance with applicable law or in accordance with any judicial decisions which may supplement or supplant those provisions from time to time. Landlord's Property. All fixtures, alterations, additions, repairs, improvements and/or appurtenances attached to or built into, on, or about the Demised Premises prior to or during the term hereof, whether by Landlord at its expense or at the expense of Tenant, or by Tenant at its expense, or by previous occupants of the Demised Premises, shall be and remain part of the Demised Premises and shall not be removed by Tenant at the end of the Lease Term, unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of this Lease. If Tenant shall fail to complete such removal and repair such damage, Landlord may do so and may charge the cost thereof to Tenant. Such fixtures, alterations, additions, repairs, improvements and/or appurtenances shall include, without limitation, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures and equipment, plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord's Actions on Demised Premises. Tenant hereby waives all claims against Landlord with respect to Landlord's removal as herein provided and same shall not constitute forcible entry.
Appears in 1 contract
Samples: Master Lease Agreement (One Liberty Properties Inc)
