Common use of Repair and Yield Up Clause in Contracts

Repair and Yield Up. Tenant shall keep and maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, shall take good care thereof and make all required repairs thereto, and shall suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises and all alterations and additions thereto in good order, repair and condition, ordinary wear and tear and damage by casualty only excepted, first removing all goods and effects of Tenant and, to the extent specified by Landlord by notice to Tenant given at least thirty (30) days before such expiration or termination, all alterations and additions made by or on behalf of Tenant, including, without limitation, any equipment installed pursuant to Article IX. Tenant shall repair any damage caused by such removal and restore the Premises and leave them clean and neat. Notwithstanding the foregoing, Tenant shall not be required to remove those alterations and additions to the Premises made by or on behalf of Tenant that are of a type commonly understood in the suburban Boston office market to be so-called "building standard", and for which (a) Landlord will not incur removal costs with respect thereto in excess of reasonable removal costs as determined in Landlord's reasonable discretion, and (b) Landlord failed to specify in writing at the time of construction that Tenant would be required to remove such alterations and additions upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Unisphere Solutions Inc)

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Repair and Yield Up. Tenant shall Except as otherwise provided in Article VI and Section 4.4, to keep and maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, shall take good care thereof and make all required repairs thereto, and shall suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises and all alterations and additions thereto in good order, repair and condition, ordinary reasonable wear and tear only excepted, and all glass in windows (except glass in exterior walls of the Building unless the damage thereto is attributable to Tenant's negligence or misuse) and doors of the Premises whole and in good condition with glass of the same quality as that injured or broken (with damage by casualty only exceptedfire being governed by the applicable provisions of this Lease), and at the expiration or termination of this Lease peaceably, to yield up the Premises, and all alterations and additions thereto, in good order, repair and condition, first removing all goods and effects of Tenant and, to the extent specified by Landlord by notice to Tenant given at least thirty (30) days before such expiration or terminationTenant, all alterations and additions made by or on behalf of TenantTenant and all partitions, including, without limitation, any equipment installed pursuant to Article IX. Tenant shall repair and repairing any damage caused by such removal and restore restoring the Premises, and leaving the Premises and leave them clean and neat. Notwithstanding Tenant will remove any personal property from the foregoing, Tenant shall not be required to remove those alterations Building and additions to the Premises made by upon or on behalf of Tenant that are of a type commonly understood in the suburban Boston office market prior to be so-called "building standard", and for which (a) Landlord will not incur removal costs with respect thereto in excess of reasonable removal costs as determined in Landlord's reasonable discretion, and (b) Landlord failed to specify in writing at the time of construction that Tenant would be required to remove such alterations and additions upon the expiration or earlier termination of this LeaseLease and any such property which shall remain in the Building or the Premises thereafter shall 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 part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Annual Fixed Rent , additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Section 7.2 hereof or pursuant to law.

Appears in 1 contract

Samples: Eroom Technology Inc

Repair and Yield Up. Tenant shall Except as otherwise provided in Article VI and Section 4.1.1, to keep and maintain the Premises and all fixtures Building systems within the Premises in reasonably good order, repair and equipment located therein in clean, safe and sanitary condition, shall take good care thereof reasonable wear and make all required repairs theretotear only excepted, and shall suffer no waste all glass in windows (except glass in exterior walls unless the damage thereto is attributable to Tenant’s negligence or injury thereto. At misuse and not otherwise covered by Landlord’s property insurance pursuant to Section 5.7 below) and doors of the Premises whole and in reasonably good condition with glass of the same quality as that injured or broken, damage by fire only excepted, and at the expiration or other termination of the this Lease Term, Tenant shall surrender peaceably yield up the Premises and all alterations and additions thereto in reasonably good order, repair and condition, ordinary reasonable wear and tear and damage by casualty only excepted, first removing all goods and effects unless removal of Tenant and, to the extent specified by Landlord by notice to Tenant given at least thirty (30) days before any such expiration or termination, all alterations and additions made (including partitions) is previously agreed in writing by or on behalf of Landlord and Tenant at the time Landlord consents to such alteration (in the event Landlord’s consent is required), in which case all such alterations and additions shall be removed by Tenant, includingat Tenant’s sole cost and expense, without limitation, any equipment installed pursuant to Article IX. and Tenant shall repair any damage caused by such removal and restore the Premises to the condition existing prior to installation of such alteration or addition, and leave them the Premises clean and neat. Notwithstanding Tenant further covenants to periodically inspect the foregoingPremises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in reasonably good condition and repair, reasonable wear and tear excepted. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and, within thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to remove those alterations ten percent (10%) of the cost of the repairs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and additions air-conditioning systems and equipment (“Tenant’s HVAC Equipment”) and other utility services serving the 18 Cxxxxx Premises. Tenant shall maintain such systems in a commercially reasonable first-class condition and in accordance with any applicable manufacturer specifications relating to any particular component of such systems. Tenant shall secure, pay for, and keep in force contracts (“Service Contracts”) with qualified, experienced and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Tenant shall maintain preventive maintenance records relating to the foregoing systems (“Preventative Maintenance Records”) in accordance with standards for first class office and research and development buildings. Tenant shall deliver a copy of all current Service Contracts to Landlord within ten (10) days after each such Service Contract is executed and shall deliver to Landlord a copy of the Preventative Maintenance Records once per year, if requested by Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible, at Tenant’s sole cost and expense, during the term for the operation, maintenance, repair, and replacement of any and all such systems serving the 18 Cxxxxx Premises made as of the date of this Lease, as well as any such system(s) installed by Tenant during the term of this Lease. Tenant shall also be responsible, at its sole cost and expense, for obtaining and maintaining any and all licenses, permits, and approvals required in connection with said systems. In connection with Tenant’s maintenance of said systems, Tenant shall contract with a third party reasonably acceptable to Landlord (pursuant to a contract in form and content reasonably acceptable to Landlord) for the maintenance of said system in accordance with best practices. Tenant and its agents, contractors, subcontractors, servants, employees, licensees or invitees shall use said systems in accordance with all terms and conditions of this Lease, all applicable Laws, and all applicable licenses, permits, and approvals required in connection with the operation and maintenance of such systems. Tenant shall properly clean, decommission and cease Tenant’s use of such systems on behalf the expiration date or earlier termination of this Lease and shall release all licenses, permits and approvals obtained by Tenant in connection with such systems. Tenant agrees that are the installation, operation, maintenance, repair and/or removal of a type commonly understood any such systems shall be at its sole risk. Tenant shall indemnify and defend Landlord and the Landlord Indemnitees (as hereinafter defined) against any liability, claim or cost, including reasonable attorneys’ fees, incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligent act or omission or willful misconduct of Landlord or its employees, agents or contractors) to the extent arising out of the installation, use, operation, or removal of any such systems by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Section. Landlord assumes no responsibility for interference in the suburban Boston office market to be so-called "building standard"operation of any such systems, and for which (a) Tenant hereby waives any claims against Landlord will not incur removal costs with respect thereto in excess arising from such interference. The provisions of reasonable removal costs as determined in Landlord's reasonable discretion, and (b) Landlord failed to specify in writing at the time of construction that Tenant would be required to remove such alterations and additions upon this paragraph shall survive the expiration or earlier termination of this Lease. Tenant shall not remove any such system installed by Tenant unless removal of any such system is previously agreed in writing by Landlord, in which case any such system shall be removed by Tenant, at Tenant’s sole cost and expense, and Tenant shall repair any damage caused by such removal and restore the 18 Cxxxxx Premises to the condition existing prior to installation of such system.

Appears in 1 contract

Samples: Lease (Quanterix Corp)

Repair and Yield Up. Tenant shall Except as otherwise provided in Article VI and Section 4.1.3 to keep and maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, shall take good care thereof and make all required repairs thereto, and shall suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises and all alterations and additions thereto in good order, repair and condition, ordinary and all glass in the Premises (except glass in exterior walls unless the damage thereto is attributable to Tenant's negligence or misuse, subject to Section 8.13) and doors of the Premises whole and in good condition with glass of the same type and quality as that injured or broken, in each case reasonable wear and tear tear, damage by fire or other casualty or taking under the power of eminent domain and damage by casualty resulting from the negligence of any of the Landlord Parties, their agents, contractors or employees or from the failure of Landlord to perform its obligations under this Lease only excepted, and at the expiration or termination of this Lease peaceably to yield up the Premises including all construction, work, improvements, and all alterations and additions thereto in such condition, first removing all furniture, fixtures, equipment, goods and effects of Tenant and, to the extent specified by Landlord by notice to Tenant given at least thirty (30) days before the time Landlord approved such expiration installations, the wiring for Tenant's computer, telephone and other communication systems and equipment whether located in the Premises or terminationin any other portion of the Building, including all risers and all alterations and additions made by or on behalf Tenant (but specifically excluding all cabling and wiring existing in the Premises as of Tenantthe date of this Lease) and all partitions, including, without limitation, any equipment installed pursuant to Article IX. Tenant shall repair and repairing any damage caused by such removal and restore restoring the Premises and leave leaving them clean and neat. Tenant shall not permit or commit any waste, and subject to Section 8.13, Tenant shall be responsible for the cost of repairs which may be made necessary by reason of damage to common areas in the Building, to the Site or to the Office Park caused by Tenant, Tenant's agents, contractors, employees, sublessees, licensees, concessionaires or invitees. Notwithstanding the foregoing, in no event shall Tenant shall not be required to remove those any element of Landlord’s Work or any alterations other than non-standard office alterations that would require unusual and additions to the Premises made by or on behalf of Tenant that are of a type commonly understood in the suburban Boston office market to be so-called "building standard", and for which (a) Landlord will not incur removal costs with respect thereto in excess of reasonable removal costs as determined in Landlord's reasonable discretion, and (b) Landlord failed to specify in writing at the time of construction that Tenant would be required excessive cost to remove such alterations and additions upon the expiration or earlier termination of this Leaserestore to general office use.

Appears in 1 contract

Samples: Lease (Amag Pharmaceuticals, Inc.)

Repair and Yield Up. Tenant shall Except as otherwise provided in Article VI and Section 4.1.3 to keep and maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, shall take good care thereof and make all required repairs thereto, and shall suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises and all alterations and additions thereto in good order, repair and condition, ordinary and all glass in the Premises (except glass in exterior walls unless the damage thereto is attributable to Tenant’s negligence or misuse, subject to Section 8.13) and doors of the Premises whole and in good condition with glass of the same type and quality as that injured or broken, in each case reasonable wear and tear and tear, damage by fire or other casualty as to which Tenant has no obligation to restore pursuant to Article VI below or taking under the power of eminent domain and, subject to the waiver of subrogation set forth in Section 8.13 of this Lease, damage resulting from the negligence of any of the Landlord Parties, their agents, contractors or employees or from the failure of Landlord to perform its obligations under this Lease only excepted, and at the expiration or termination of this Lease peaceably to yield up the Premises including all construction, work, improvements, and all alterations and additions thereto in such condition, first removing all furniture, fixtures, equipment, goods and effects of Tenant and, and any Required Removables which Landlord notified Tenant may have to be removed at the extent specified by Landlord by notice to Tenant given at least thirty (30) days before such expiration or terminationearlier termination of the Term pursuant to Section 5.12 below, all alterations and additions made repairing any damage caused by such removal and restoring the Premises and leaving them clean and neat, exclusive of minor scrapes and nail holes associated with hanging pictures and other decorative items in the Premises. Notwithstanding the foregoing, in no event shall Tenant be required to remove any element of Landlord’s Work or any cabling and wiring existing in the Premises as of the date of this Lease. Tenant’s repair, maintenance and replacement obligations include, without limitation, repairs, maintenance and replacement of: (a) Landlord’s Work (subject to Landlord’s obligations under Section 1.3 of Exhibit B-1 hereto); (b) any generator, UPS and roof equipment installed at any time by or on behalf of Tenant, including(c) electronic, without limitationfiber, any phone and data cabling and related equipment that is installed pursuant to Article IX. Tenant shall repair any damage caused by such removal or for the exclusive benefit of Tenant; (d) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, electrical and restore similar facilities exclusively serving Tenant; (e) lighting within the Premises (including lighting fixtures and leave them clean replacement of bulbs and neat. Notwithstanding ballasts), (f) ceiling tiles, (g) bathrooms within the foregoingPremises, Tenant shall not be required to remove those alterations and additions to the Premises (h) Alterations made by or on behalf of Tenant that are or any Tenant Parties. Tenant shall not permit or commit any waste, and subject to Section 8.13, Tenant shall be responsible for the cost of a type commonly understood repairs which may be made necessary by reason of damage to common areas in the suburban Boston office market Building, to be so-called "building standard"the Site or to the Office Park caused by Tenant, and for which (a) Landlord will not incur removal costs with respect thereto in excess of reasonable removal costs as determined in Landlord's reasonable discretionTenant’s agents, and (b) Landlord failed to specify in writing at the time of construction that Tenant would be required to remove such alterations and additions upon the expiration contractors, employees, sublessees, licensees, concessionaires or earlier termination of this Leaseinvitees.

Appears in 1 contract

Samples: Lionbridge Technologies Inc /De/

Repair and Yield Up. Tenant shall Except as otherwise provided in Article VI and Section 4.4, to keep and maintain the Premises in good order, repair and condition, reasonable wear and tear only excepted, and all fixtures glass in windows (except glass in exterior walls of the Building unless the damage thereto is attributable to Tenant's negligence or misuse) and equipment located therein doors of the Premises whole and in cleangood condition with glass of the same quality as that injured or broken, safe damage by fire only excepted; and sanitary condition, shall take good care thereof and make all required repairs thereto, and shall suffer no waste or injury thereto. At at the expiration or other termination of the Lease Termthis Lease, Tenant shall surrender peaceably to yield up the Premises and all alterations and additions thereto in good order, repair and condition, ordinary reasonable wear and tear and damage by casualty only excepted, first removing all goods and effects of Tenant and, to the extent specified by Landlord by notice to Tenant given at least thirty ten (3010) days before such expiration or termination, all alterations and additions made by or on behalf of TenantTenant and all partitions, including, without limitation, any equipment installed pursuant to Article IX. Tenant shall repair and repairing any damage caused by such removal and restore restoring the Premises and leave leaving them clean and neat. Notwithstanding Tenant will remove any personal property from the foregoing, Tenant shall not be required to remove those alterations Building and additions to the Premises made by upon or on behalf of Tenant that are of a type commonly understood in the suburban Boston office market prior to be so-called "building standard", and for which (a) Landlord will not incur removal costs with respect thereto in excess of reasonable removal costs as determined in Landlord's reasonable discretion, and (b) Landlord failed to specify in writing at the time of construction that Tenant would be required to remove such alterations and additions upon the expiration or earlier termination of this LeaseLease and any such property which shall remain in the Building or the Premises thereafter shall 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 part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same at its option, against the expenses of the sale, the cost of moving any storage, any arrears of Annual Fixed Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Section 7.2 hereof or pursuant to law.

Appears in 1 contract

Samples: Manhattan Associates Inc

Repair and Yield Up. Tenant shall Except as otherwise provided in Article VI and Section 4.3, to keep and maintain the Premises in good order, repair and condition, reasonable wear and tear only excepted, and all fixtures glass in windows and equipment located therein doors (except glass in clean, safe exterior walls of the Building unless the damage thereto is attributable to Tenant's negligence or misuse) of the Premises whole and sanitary condition, shall take in good care thereof and make all required repairs theretocondition with glass of the same quality as that injured or broken, and shall suffer no waste or injury thereto. At at the expiration or other termination of the this Lease Term, Tenant shall surrender peaceably to yield up the Premises and all alterations and additions thereto in good order, repair and condition, ordinary reasonable wear and tear and damage by casualty only excepted, first removing all goods and effects of Tenant and, to if specified at the extent specified by Landlord by notice to Tenant given at least thirty (30) days before such expiration or terminationtime of plan approval, all alterations and additions made by Tenant and all partitions, and repairing any damage caused by such removal and restoring the Premises and leaving them clean and neat and to reimburse Landlord upon demand for the cost of repairing any damage to the Premises, the Building or on behalf the Lot caused by Tenant or its agents, employees, or invitees. All articles of Tenantpersonal property and all trade fixtures, includingoffice machines and equipment, without limitationfurniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the Term provided Tenant is not in default hereunder, any equipment installed pursuant to Article IX. and provided further that Tenant shall repair any damage caused by such removal and restore removal. If Tenant shall fail to remove all of its effects from the Premises and leave them clean and neat. Notwithstanding the foregoing, Tenant shall not be required to remove those alterations and additions to the Premises made by or on behalf of Tenant that are of a type commonly understood in the suburban Boston office market to be so-called "building standard", and for which (a) Landlord will not incur removal costs with respect thereto in excess of reasonable removal costs as determined in Landlord's reasonable discretion, and (b) Landlord failed to specify in writing at the time of construction that Tenant would be required to remove such alterations and additions upon the expiration or earlier termination of this Lease, Landlord may, at its option, remove and store said effects without liability to Tenant for any loss thereof, and Xxxxxx agrees to pay Landlord upon demand any and all reasonable expenses incurred in such removal and storage, including court costs and attorneys' fees, and Landlord may, at its option, with notice, sell said effects at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale against any amounts due under this Lease from Tenant to Landlord and against the expense incident to the removal, storage and sale of said effects.

Appears in 1 contract

Samples: Speechworks International Inc

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Repair and Yield Up. Tenant shall Except as otherwise provided in Article VI and Section 4.1.3, to keep and maintain the Premises in good order, repair and condition, reasonable wear and tear only excepted, and all fixtures glass in windows (except glass in exterior walls unless the damage thereto is attributable to Tenant's negligence or misuse) and equipment located therein doors within, or exclusively serving, the Premises whole and in cleangood condition with glass of the same type and quality as that injured or broken, safe and sanitary condition, shall take good care thereof and make all required repairs theretodamage by fire or taking under the power of eminent domain only excepted, and shall suffer no waste or injury thereto. At at the expiration or other termination of the this Lease Term, Tenant shall surrender peaceably to yield up the Premises all construction, work, improvements, and all alterations and additions thereto in good order, repair and condition, ordinary reasonable wear and tear and damage by casualty only excepted, first removing all goods and effects of Tenant and, to the extent specified by Landlord by notice to Tenant given at least thirty sixty (3060) days before such expiration or terminationtermination (unless otherwise specified by Landlord as set forth in Section 5.12), the wiring for Tenant's computer, telephone and other communication systems and equipment whether located in the Premises or in any other portion of the Building, including all risers, and all alterations and additions made by or on behalf of TenantTenant and all partitions, including, without limitation, any equipment installed pursuant to Article IX. Tenant shall repair and repairing any damage caused by such removal and restore restoring the Premises and leave leaving them clean and neat. Notwithstanding the foregoing, Tenant shall not permit or commit any waste, and Tenant shall (subject to Section 8.13 below) be required responsible for the cost of repairs which may be made necessary by reason of damage to remove those alterations and additions common areas in the Building, to the Site or to the other buildings caused by Tenant, Tenant's agents, contractors, employees, sublessees, licensees, concessionaires or invitees. Landlord agrees that Tenant shall have the right to use any supplemental air conditioning system serving each portion of the Premises, including, without limitation, those serving the IT closets in Premises made by or on behalf A and Premises C (the "IT AC Units"), as of the applicable Commencement Date. Tenant shall be solely responsible, at its cost, for the maintenance, repair and replacement of all elements of the supplemental air conditioning systems serving the Premises, including, without limitation, the IT AC Units, the supply and return isolation valves located adjacent to the units and the piping located between these valves and the units, throughout the Lease Term, including all electricity consumption costs related thereto except that are Landlord shall be responsible for performing the maintenance, repair and replacement of a type commonly understood in the suburban Boston office market to be so-called "building standard"glycol loop, associated pumps, and for which dry coolers and related supplies (ae.g. glycol) Landlord will not incur removal costs with respect thereto in excess on the roof of reasonable removal costs as determined in Landlord's reasonable discretionthe Building, serving the IT AC Units, and Tenant shall be responsible for reimbursing Landlord for Tenant's proportionate share of the cost of the same (bincluding electricity-consumption costs) Landlord failed within thirty (30) days of billing, it being agreed that Tenant's proportionate share of such costs shall be based on the percentage of Tenant's connected load (tonnage) of the applicable IT AC Units bears to specify in writing at the time total connected load (tonnage) of construction that Tenant would be required to remove such alterations and additions upon the expiration or earlier termination total of this Leaseall tenant IT AC Units supported by the glycol loop.

Appears in 1 contract

Samples: Agreement (Care.com Inc)

Repair and Yield Up. Tenant shall Except as otherwise provided in Article VI and Section 4.3, to keep and maintain the Premises in good order, repair and condition, reasonable wear and tear only excepted, and all fixtures glass in windows and equipment located therein doors (except glass in clean, safe exterior walls of the Building unless the damage thereto is attributable to Tenant's negligence or misuse) of the Premises whole and sanitary condition, shall take in good care thereof and make all required repairs theretocondition with glass of the same quality as that injured or broken, and shall suffer no waste or injury thereto. At at the expiration or other termination of the this Lease Term, Tenant shall surrender peaceably to yield up the Premises and all alterations and additions thereto in good order, repair and condition, ordinary reasonable wear and tear and damage by casualty only excepted, first removing all goods and effects of Tenant and, to the extent specified by Landlord by notice to Tenant given at least thirty ten (3010) days before such expiration or termination, all alterations and additions made by Tenant and all partitions, and repairing any damage caused by such removal and restoring the Premises and leaving them clean and neat and to reimburse Landlord upon demand for the cost of repairing any damage to the Premises, the Building or on behalf the Lot caused by Tenant or its agents, employees, or invitees. All articles of Tenantpersonal property and all trade fixtures, includingoffice machines and equipment, without limitationfurniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the Term provided Tenant is not in default hereunder, any equipment installed pursuant to Article IX. and provided further that Tenant shall repair any damage caused by such removal and restore removal. If Tenant shall fail to remove all of its effects from the Premises and leave them clean and neat. Notwithstanding the foregoing, Tenant shall not be required to remove those alterations and additions to the Premises made by or on behalf of Tenant that are of a type commonly understood in the suburban Boston office market to be so-called "building standard", and for which (a) Landlord will not incur removal costs with respect thereto in excess of reasonable removal costs as determined in Landlord's reasonable discretion, and (b) Landlord failed to specify in writing at the time of construction that Tenant would be required to remove such alterations and additions upon the expiration or earlier termination of this Lease, Landlord may, at its option, remove and store said effects without liability to Tenant for any loss thereof, and Xxxxxx agrees to pay Landlord upon demand any and all expenses incurred in such removal and storage, including court costs and attorneys' fees, and Landlord may, at its option, without notice, sell said effects at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale against any amounts due under this Lease from Tenant to Landlord and against the expense incident to the removal, storage and sale of said effects.

Appears in 1 contract

Samples: World Energy Solutions, Inc.

Repair and Yield Up. Tenant shall Except as otherwise provided in Article VI and Section 4.3, to keep and maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, shall take good care thereof and make all required repairs thereto, and shall suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises and all alterations and additions thereto in good order, repair and condition, ordinary reasonable wear and tear only excepted, and all glass in windows and doors (except glass in exterior walls of the Building unless the damage thereto is attributable to Tenant’s negligence or misuse) of the Premises whole and in good condition with glass of the same quality as that injured or broken. At the expiration or termination of the Term, Tenant shall yield up Tenant’s Space, and in each case along with all alterations and additions (other than alterations and additions which Landlord, at the time it granted consent to the alteration or addition in question, required be removed at the expiration of the Term, which alterations or additions Tenant shall remove, repairing any damage caused by casualty only such removal), in good order, repair and condition, reasonable wear and tear excepted, first removing all goods and effects of Tenant andwhich Tenant elects to remove. All articles of personal property and all trade fixtures, to office machines and equipment (including without limitation all those items listed in Section 1.1(b) of that certain Purchase Agreement between Landlord and Tenant dated as of the extent specified date hereof (the “Purchase Agreement”)), furniture and movable partitions owned by Landlord Tenant or installed by notice to Tenant given at least thirty (30) days before such expiration or termination, all alterations its expense in Tenant’s Space shall be and additions made by or on behalf of Tenant, including, without limitation, any equipment installed pursuant to Article IX. Tenant shall repair any damage caused by such removal and restore remain the Premises and leave them clean and neat. Notwithstanding the foregoing, Tenant shall not be required to remove those alterations and additions to the Premises made by or on behalf property of Tenant that are of a type commonly understood in and may be removed by Tenant at any time during the suburban Boston office market to Initial Term or applicable Extension Terms, or may be so-called "building standard", and for which (a) Landlord will not incur removal costs with respect thereto in excess of reasonable removal costs as determined in Landlord's reasonable discretion, and (b) Landlord failed to specify in writing at the time of construction that left by Tenant would be required to remove such alterations and additions upon the expiration or earlier termination thereof. Tenant currently has a wastewater discharge permit for the Building which it will transfer to Landlord. Landlord shall maintain the wastewater discharge permit with its current terms and conditions for the duration of this Leasethe Term.

Appears in 1 contract

Samples: Lease (Penwest Pharmaceuticals Co)

Repair and Yield Up. Tenant Sublessee shall keep and maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, shall take good care thereof and make all required repairs thereto, and shall suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises and all alterations and additions thereto in good order, repair and condition, ordinary reasonable wear and tear tear, damage to the Building, generally (as opposed to damage primarily to the Premises) and damage by fire or other insured casualty damage, by eminent domain and damage caused by any failure by Sublessor to perform its obligations under this Sublease or of Prime Lessor of its obligations under the Prime Lease, only excepted, and all glass in windows (except glass in exterior walls unless the damage thereto is attributable to Sublessee's negligence or misuse) and doors of the Premises whole and in good condition with glass of the same quality as that injured or broken, and at the expiration or termination of this Sublease peaceably to yield up the Premises and all alterations and additions thereto, in good order, repair and condition, reasonable wear and tear, damage to the Building, generally (as opposed to damage primarily to the Premises) and damage by fire or other insured casualty damage, by eminent domain and damage caused by any failure by Sublessor to perform its obligations under this Sublease or of Prime Lessor of its obligations under the Prime Lease, only excepted, first removing all goods and effects of Tenant Sublessee and, to the extent specified by Landlord Sublessor by notice to Tenant given at least thirty (30) days before such expiration or terminationSublessee, all alterations and additions made by or on behalf of TenantSublessee and partitions, including, without limitation, any equipment installed pursuant to Article IX. Tenant shall repair and repairing any damage caused by such removal and restore restoring the Premises and leave leaving them clean and neat. Notwithstanding the foregoing, Tenant shall not prior to undertaking any alteration or addition, Sublessee may inquire of Sublessor whether, upon expiration of this Sublease, such alteration or addition will be required to remove those alterations be removed, and additions within fifteen (15) days of such inquiry, Sublessor shall respond to the Premises made by or on behalf of Tenant that are of a type commonly understood in the suburban Boston office market such inquiry such response to be so-called "building standard", and for which (a) Landlord will binding upon Sublessor. The provisions of the preceding sentence shall in no way be deemed to permit the Sublessee to undertake alterations or additions not incur removal costs with respect thereto in excess of reasonable removal costs as determined in Landlordotherwise permitted hereunder nor shall it limit the Sublessor's reasonable discretion, and (b) Landlord failed right to specify in writing at the time of construction that Tenant would be required refuse to remove consent to any such alterations and additions upon the expiration alteration or earlier termination of this Leaseaddition.

Appears in 1 contract

Samples: Sublease (Momenta Pharmaceuticals Inc)

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