Return of the Premises. 15.1 Upon expiration or termination of this Agreement, the Lessee shall return the Premises to the Lessor in a clean and tidy condition in the same state as at the time of the Commencement date under consideration of normal wear and tear. If the Premises show wear and tear in excess to that, the Lessor is entitled to charge reasonably necessary repair costs to Lessee and the Lessee shall be obliged to bear these costs, such costs to be reasonable. 15.2 Upon return of the Premises to the Lessor, the Lessor and the Lessee shall agree upon and sign a handover protocol, in which the state as well as all defects of the Premises that the Lessee is liable to repair, readings of any meters installed to record the consumption of utilities, handover of all keys and electronic security cards and handover of all technical or other instruction manuals will be recorded. 15.3 Upon return of the Premises, the Lessee shall return all keys to external doors and electronic cards, including duplicates, to the Lessor. 15.4 If the Lessee is delayed in returning and vacating the Premises after expiration or termination of this Agreement, unless such delay is agreed by the Parties in writing, the Lessee shall be obliged to pay to the Lessor a monthly contractual penalty amounting to twice the Rent for the period of delay until the Premises have been returned to the Lessor. In case such delay does not last for a whole month(s), the Lessor shall be entitled to a proportional penalty for each day of delay. 15.5 Unless agreed otherwise in writing, the Lessee shall be entitled to decide whether any alterations, technical improvements, finishes and fixtures and Non-structural changes made after the date hereof in the Premises which were provided by the Lessor, (i) will be removed by the Lessee at his expense prior to termination of this Agreement or (ii) will remain in the Premises. In the second case the Lessor shall not be obliged to provide the Lessee with any financial compensation for the technical improvement performed by the Lessee at its own costs within the Premises, unless expressly stated otherwise in this Agreement. The provisions of this Article hereof shall be also effective after the expiry or termination of this Agreement.
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Return of the Premises. 15.1 Upon expiration or 10.1 The Lessee shall: • on the last day of the Lease Period; or, • in the event of early termination of the Lease Agreement on the grounds related to the Lessor’s violation of its obligations under the Lease Agreement, on the date coming four (4) months after the date of the Lease Agreement termination; or, • in the event of early termination of the Lease Agreement on the grounds related to the Lessee’s violation of its obligations under the Lease Agreement, on the date coming ten (10) Business Days after the date of the Lease Agreement termination:
(a) return to the Lessor all the Premises (including all utilities with the terminal equipment installed) in their clean state and considering that the Premises are to be returned in their original state, in which the Premises have been transferred by the Lessor to the Lessee on the Access Date (as defined in the Preliminary Agreement), but with account for the natural wear and tear and subsequent works performed by the Lessor in the respective Premises, if any, as well as the provisions of paras (b) – (c) below and in accordance with other obligations of the Lessee under the Lease Agreement. Permanent improvements made by the Lessee in the Premises within the Lessee’s Works, inter alia, within the Lessee’s Works under the Preliminary Agreement, shall be, at the Lessor’s discretion, subject to retention in the Premises or removal by the Lessee at its expense and bringing the Premises to their original state, in which the Premises have been received by the Lessee on the Access Date (as defined in the Preliminary Agreement), but with account for the natural wear and tear and subsequent works performed by the Lessor in the respective Premises, if any, which may be required by Lessor. Under no circumstances shall the Lessor reimburse the Lessee for the cost of the Lessee’s Works or any part thereof and/or the cost inputs of the Lessee for creation of any removable improvements, alterations or Permanent Improvements on the Premises, including those made under the Preliminary Agreement;
(b) remove all sign boards, removable improvements, all property of the Lessee and/or other third parties, furniture and other items from the Premises, vacate the Parking Slots, the territory of the Warehouse Complex and remedy in full any damage caused;
(c) replace or restore any damaged and/or lost Lessor’s property (which was installed on the Premises) with similar property of the same quality;
10.2 If the Lessee fails to properly perform its obligations under this AgreementSection, inter alia, by refusing to return the Premises or delaying in return of the Premises within the time limits specified in Clause 10.1 above and in the state described in Clause 10.1 (a) above, the Lessee shall return shall, at the Lessor’s request, pay the following to the latter:
(a) the amount of any expenses incurred by the Lessor in correcting or remedying the violation or bringing the Premises to the Lessor in a clean and tidy condition required state;
(b) an actual use fee for the Premises equal to the daily amount of the Lease Payment for each day of the delayed return in the same state as at described in this Section. The amounts specified in this Clause 10.2 may also be collected by the time Lessor by filing a claim under the Bank Guarantee or by withholding from the Security Payment, subject to the following: the amount of expenses specified in Clause 10.2 (a) may be recovered by the Commencement date Lessor by filing a claim under consideration of normal wear the Bank Guarantee or by withholding from the Security Payment in the amount not exceeding fifteen million (15 000 000) rubles excluding VAT; and tear. If if the Premises show wear and tear in excess to thatLessor’s expenses exceed the said amount, the Lessor may file a claim for their payment in an amount exceeding the amount specified in this paragraph (or in a larger amount, if the amount available to the Lessor under the Bank Guarantee/Security Payment is entitled insufficient) directly to charge reasonably necessary repair costs to Lessee and the Lessee.
10.3 Acceptance by the Lessor of the amounts payable by the Lessee pursuant to Clause 10.2 (b) above shall not be deemed renewal of the Lease Agreement or the Lessor’s consent to such occupation of the Premises, and such amount shall constitute the payment for the actual use of the Premises and shall be obliged fixed for a limited period of time, even if the Lessor does not immediately exercise its rights in respect of the Lessee’s continued occupation of the Premises. The Lessor’s provision of access to bear these costs, such costs the Premises to be reasonable.
15.2 Upon the Lessee upon termination of the Lease Agreement for the Lessee to remedy violations under this Section and/or other delay in the return of the Premises by the Lessee shall not be considered as lack of the Lessor’s objections to the Lessor, use of the Premises by the Lessee upon termination of the Lease Agreement.
10.4 The Return Certificate for the Premises signed by the Lessor and the Lessee shall agree upon and sign be a handover protocol, in which document confirming the state as well as all defects proper performance of the Premises that the Lessee is liable Lessee’s obligation to repair, readings of any meters installed to record the consumption of utilities, handover of all keys and electronic security cards and handover of all technical or other instruction manuals will be recorded.
15.3 Upon return of the Premises, the Lessee shall return all keys to external doors and electronic cards, including duplicates, to the Lessor.
15.4 If the Lessee is delayed in returning and vacating the Premises after expiration or termination of this Agreement, unless such delay is agreed by the Parties in writing, the Lessee shall be obliged to pay to the Lessor a monthly contractual penalty amounting to twice the Rent for the period of delay until the Premises have been returned to the Lessor. In case such delay does not last for a whole month(s), the Lessor shall be entitled to a proportional penalty for each day of delay.
15.5 Unless agreed otherwise in writing, the Lessee shall be entitled to decide whether any alterations, technical improvements, finishes and fixtures and Non-structural changes made after the date hereof in the Premises which were provided by the Lessor, (i) will be removed by the Lessee at his expense prior to termination of this Agreement or (ii) will remain in the Premises. In the second case event of ungrounded refusal of either Party to sign the Lessor relevant Return Certificate within three (3) calendar days from the date when the Return Certificate should have been signed, the Return Certificate signed by one of the Parties shall not be obliged to provide the Lessee with any financial compensation for the technical improvement performed deemed duly signed (approved) by the Lessee at its own costs within both Parties on the Premises, unless expressly stated otherwise date coming in this Agreement. The provisions of this Article hereof shall be also effective after three (3) calendar days from the expiry or termination of this Agreementdate when the Return Certificate should have been signed.
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Return of the Premises. 15.1 Upon expiration or termination of this Agreement, the Subsection 1 The Lessee shall return the Premises to on the date notified by the Lessor in a clean and tidy condition in after the same state as at the time expiry of the Commencement date under consideration of normal wear and tearContract. If the Premises show are not returned on schedule due to a reason attributable to the Lessee and the Premises have been leased by a new lessee, the Lessor shall have the right to request the Lessee to evacuate from the Premises within 3 days and withhold the Deposit paid by the Lessee, either partially or entirely, as the compensation of the economic losses suffered by the Lessor as a result of such delay in evacuating from the Premises by the Lessee. If the Deposit is not sufficient to compensate for the losses suffered by the Lessor therefrom, the Lessor shall have the right to claim such deficiency from the Lessee. In case the Premises have not yet been leased by a new lessee, the Lessor shall regard the Lessee has renewed the lease, under which circumstances the Lessee shall complete the formalities for renewal. If the Lessee fails to complete such formalities for renewal, the Lessor has the right to request the Lessee to be evacuated from the Premises immediately and withhold the Deposit paid by the Lessee, either partially or entirely, as the compensation of the economic losses suffered by the Lessor as a result of such delay in evacuating from the Premises by the Lessee.
Subsection 2 When the Lessee returns the Premises upon the expiry of the Contract, the Premises leased shall be of a good condition (except for natural wear and tear in excess tear). If the Lessor discovers any damage to thatthe Premises or facilities due to a reason attributable to the Lessee, the Lessor has the right to withhold the Deposit to offset the relevant reasonable losses. If the Deposit is not sufficient to compensate for such losses suffered by the Lessor, the Lessee shall make up the deficiency to the Lessor within 3 days after the receipt of the written notice issued by the Lessor.
Subsection 3 In terms of any annexure to the Premises by the Lessee (with the permit of the Lessor), it is not necessary that the Lessor will request the Lessee to restore the Premises to the original status after the expiry of the lease. If the Lessee doesn’t restore the Premises to the original status, the Lessor is entitled not obligated to charge reasonably necessary repair costs to Lessee and compensate the Lessee shall be obliged to bear these costs, such costs to be reasonable.
15.2 Upon return in terms of the Premises to the Lessor, the Lessor and the Lessee shall agree upon and sign a handover protocol, in which the state as well as all defects costs of the Premises that the Lessee is liable to repair, readings of any meters installed to record the consumption of utilities, handover of all keys and electronic security cards and handover of all technical or other instruction manuals will be recordedsuch annexure.
15.3 Upon return of the Premises, the Lessee shall return all keys to external doors and electronic cards, including duplicates, to the Lessor.
15.4 If the Lessee is delayed in returning and vacating the Premises after expiration or termination of this Agreement, unless such delay is agreed by the Parties in writing, the Lessee shall be obliged to pay to the Lessor a monthly contractual penalty amounting to twice the Rent for the period of delay until the Premises have been returned to the Lessor. In case such delay does not last for a whole month(s), the Lessor shall be entitled to a proportional penalty for each day of delay.
15.5 Unless agreed otherwise in writing, the Lessee shall be entitled to decide whether any alterations, technical improvements, finishes and fixtures and Non-structural changes made after the date hereof in the Premises which were provided by the Lessor, (i) will be removed by the Lessee at his expense prior to termination of this Agreement or (ii) will remain in the Premises. In the second case the Lessor shall not be obliged to provide the Lessee with any financial compensation for the technical improvement performed by the Lessee at its own costs within the Premises, unless expressly stated otherwise in this Agreement. The provisions of this Article hereof shall be also effective after the expiry or termination of this Agreement.
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Samples: Lease Agreement (Kongzhong Corp)
Return of the Premises. 15.1 Upon expiration or termination of this Agreement, the Subsection 1 The Lessee shall return the Premises to on the date notified by the Lessor in a clean and tidy condition in after the same state as at the time expiry of the Commencement date under consideration of normal wear and tearContract. If the Premises show are not returned on schedule due to a reason attributable to the Lessee and the Premises have been leased by a new lessee, the Lessor shall have the right to request the Lessee to evacuate from the Premises within 3 days and withhold the Deposit, either partially or entirely, paid by the Lessee to compensate for the economic losses suffered by the Lessor as a result of such delay in evacuating from the Premises by the Lessee. If the Deposit is not sufficient to compensate for the losses suffered by the Lessor therefrom, the Lessor shall have the right to claim such deficiency from the Lessee. In case the Premises have not yet been leased by a new lessee, the Lessor shall regard the Lessee has renewed the lease, under which circumstances the Lessee shall complete the formalities for renewal. If the Lessee fails to complete such formalities for renewal, the Lessor has the right to request the Lessee to be evacuated from the Premises immediately and withhold the Deposit, either partially or entirely, paid by the Lessee to compensate for the economic losses suffered by the Lessor as a result of such delay in evacuating from the Premises by the Lessee.
Subsection 2 When the Lessee returns the Premises upon the expiry of the Contract, the Premises leased shall be of a good condition (except for natural wear and tear in excess tear). If the Lessor discovers any damage to thatthe Premises or facilities due to a reason attributable to the Lessee, the Lessor has the right to withhold the Deposit to offset the relevant reasonable losses. If the Deposit is not sufficient to compensate for such losses suffered by the Lessor, the Lessee shall make up the deficiency to the Lessor within 3 days after the receipt of the written notice issued by the Lessor.
Subsection 3 In terms of any annexure to the Premises by the Lessee (with the permit of the Lessor), it is not necessary that the Lessor will request the Lessee to restore the Premises to the original status after the expiry of the lease. If the Lessee doesn’t restore the Premises to the original status, the Lessor is entitled not obligated to charge reasonably necessary repair costs to Lessee and compensate the Lessee shall be obliged to bear these costs, such costs to be reasonable.
15.2 Upon return in terms of the Premises to the Lessor, the Lessor and the Lessee shall agree upon and sign a handover protocol, in which the state as well as all defects costs of the Premises that the Lessee is liable to repair, readings of any meters installed to record the consumption of utilities, handover of all keys and electronic security cards and handover of all technical or other instruction manuals will be recordedsuch annexure.
15.3 Upon return of the Premises, the Lessee shall return all keys to external doors and electronic cards, including duplicates, to the Lessor.
15.4 If the Lessee is delayed in returning and vacating the Premises after expiration or termination of this Agreement, unless such delay is agreed by the Parties in writing, the Lessee shall be obliged to pay to the Lessor a monthly contractual penalty amounting to twice the Rent for the period of delay until the Premises have been returned to the Lessor. In case such delay does not last for a whole month(s), the Lessor shall be entitled to a proportional penalty for each day of delay.
15.5 Unless agreed otherwise in writing, the Lessee shall be entitled to decide whether any alterations, technical improvements, finishes and fixtures and Non-structural changes made after the date hereof in the Premises which were provided by the Lessor, (i) will be removed by the Lessee at his expense prior to termination of this Agreement or (ii) will remain in the Premises. In the second case the Lessor shall not be obliged to provide the Lessee with any financial compensation for the technical improvement performed by the Lessee at its own costs within the Premises, unless expressly stated otherwise in this Agreement. The provisions of this Article hereof shall be also effective after the expiry or termination of this Agreement.
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Samples: Lease Agreement (Kongzhong Corp)
Return of the Premises. 15.1 Upon the expiration or earlier termination of this AgreementLease, the Lessee Tenant shall return the Premises to the Lessor Landlord with vacant possession, repaired, cleaned and maintained in a clean and tidy condition in accordance with the same state as Tenant's Covenants, free of all Tenant Personal Property (subject to the Landlord’s right to purchase the owned Tenant’s Personal Property or take an assignment of the leased Tenant’s Personal Property pursuant to Clause 29. Notwithstanding the foregoing, the Tenant shall be required to remove or demolish any Alteration that was installed with the consent of Landlord where such consent was, at the time given, conditioned in writing on the obligation of Tenant to remove or demolish same upon the expiration of the Commencement date under consideration Term. 18.2 Transfer of normal wear and tear. If Operations 18.2.7 Upon the expiration or earlier termination of this Lease, the Landlord may, to the extent permitted by Applicable Law, cause the transfer of Health Care Licences relating to the Premises show wear and tear the operation and management of the Premises and leasing of the Premises to any replacement operator or tenant designated by the Landlord and seek the approval of Health Care Regulatory Agencies in excess connection therewith. In connection with such transfer the Tenant shall (to thatthe extent permitted or required by Applicable Law and the Healthcare Regulatory Agencies ) at the Landlord’s cost (save following a default by the Tenant, in which case is shall be at the Tenant’s cost) cooperate with the Landlord (including, if required by the Landlord, the Lessor is entitled execution and delivery of a transfer agreement reasonably acceptable to charge reasonably necessary repair costs the parties) and provide for:
(a) the transfer to Lessee the successor tenant of all licenses, certifications, approvals and other authorisations that are related to the Lessee shall be obliged to bear these costs, such costs to be reasonable.
15.2 Upon return operation of the Premises to the Lessorextent transferable,
(b) the preparation and filing of all notices reasonably required by Applicable Law in connection with such transfer of operations,
(c) the delivery to the successor tenant of all resident charts and records along with appropriate resident consents, the Lessor and the Lessee shall agree upon and sign a handover protocol, in which the state as well as Tenant shall use reasonable endeavours to procure,
(d) the delivery to the successor tenant of such inventories and supplies at commercially reasonable operating levels, and
(e) the delivery of a copy of all defects of Tenant’s books and records relating to the Premises and their operations that are necessary to transfer the Lessee is liable to repair, readings of any meters installed to record the consumption of utilities, handover of all keys and electronic security cards and handover of all technical or other instruction manuals will be recorded.
15.3 Upon return of the Premises, the Lessee shall return all keys to external doors and electronic cards, including duplicates, Premises to the Lessor.
15.4 If Landlord or the Lessee is delayed in returning and vacating the Premises after expiration or termination of this Agreementsuccessor tenant, unless such delay is agreed by the Parties in writing, the Lessee shall be obliged to pay to the Lessor within a monthly contractual penalty amounting to twice the Rent for the period of delay until the Premises have been returned to the Lessor. In case such delay does not last for a whole month(s), the Lessor shall be entitled to a proportional penalty for each day of delay.
15.5 Unless agreed otherwise in writing, the Lessee shall be entitled to decide whether any alterations, technical improvements, finishes and fixtures and Non-structural changes made after the date hereof in the Premises which were provided by the Lessor, (i) will be removed by the Lessee at his expense prior to termination of this Agreement or (ii) will remain in the Premises. In the second case the Lessor shall not be obliged reasonable time so as to provide the Lessee with any financial compensation for the technical improvement performed by the Lessee at its own costs within the Premises, unless expressly stated otherwise in this Agreement. The provisions continuation of this Article hereof shall be also effective after the expiry or termination of this Agreementresident care and minimise disruption.
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Samples: Lease Agreement (Griffin-American Healthcare REIT II, Inc.)
Return of the Premises. 15.1 3.6.2.1. Upon expiration the end of the Lease Period or in the case of early termination of this Agreementthe Agreement the Lessee undertakes to vacate the Premises and transfer them to the Lessor within six (6) months from the date of termination of the Agreement and the Lessor undertakes to accept them under the Acceptance (Return) Certificate for the Premises. In the specified period, before the Premises have been vacated, the payments for the actual use equivalent to the Operating Expenses, the Variable Part of the Lease Payment for the whole 6 month period and the fee for the actual use of the Premises in an amount equal to the Basic Lease Payment for all Premises for two (2) months shall be paid in full in any case. The fee for the actual use of the Premises in an amount equal to the Basic Lease Payment for all Premises for the remaining four (4) months shall be charged and paid only if the Agreement was terminated due to circumstances within control of the Lessee, and in other cases this amount shall not be charged and paid, provided that during the specified period the Lessee does not conduct operational activities in the Premises. The Lessee shall undertake to return the Premises to the Lessor in a clean and tidy condition in the same state condition as it has received them, taking into consideration the normal wear, including transfer or, at the time discretion of the Commencement date under consideration Lessor, removal of normal wear all the restructuring and tearreconfigurations (reequipment) and other permanent improvements in the Premises. If The Parties specifically agreed on the need to disassemble the racks, the mezzanine and other Lessee’s Equipment installed in the Premises, and the method of restoring the floors of the Premises show wear and tear in excess to thatafter such disassembly, the Lessor is entitled to charge reasonably necessary repair costs to Lessee rack system installed in the Premises (including that installed under the Preliminary Lease Agreement) by cutting the anchor bolts, while all work must be performed by a specialized organization with experience in carrying out these works and, if necessary, all licenses and approvals. These works shall be carried out by and at the expense of the Lessee shall be obliged to bear these costs, such costs to be reasonable.
15.2 Upon until the date of return of the Premises and if, on the date of return, the respective works were not performed or were performed improperly / causing damage to the Premises / Complex, the Lessee shall, at the request of the Lessor, within ten (10) business days, reimburse the Lessor and the Lessee shall agree upon and sign a handover protocol, in which the state as well as all defects latter’s expenses for performance of the Premises that the Lessee is liable to repairrespective work / elimination of damage, readings and in case of any meters installed to record the consumption of utilities, handover of all keys and electronic security cards and handover of all technical or other instruction manuals will be recorded.
15.3 Upon return of the Premises, the Lessee shall return all keys to external doors and electronic cards, including duplicates, to the Lessor.
15.4 If the Lessee is delayed in returning and vacating the Premises after expiration or termination violation of this Agreement, unless such delay is agreed by the Parties in writing, the Lessee shall be obliged to pay to the Lessor a monthly contractual penalty amounting to twice the Rent for the period of delay until the Premises have been returned to the Lessor. In case such delay does not last for a whole month(s)obligation, the Lessor shall be entitled to a proportional penalty for each day compensate the respective amount of delayexpenses from the amount of the Bank Guarantee or the Security Payment.
15.5 Unless 3.6.2.2. All the permanent improvements in the Premises provided by the Lessee shall become the Lessor’s property without compensation of their value or, at the request of the Lessor, shall be subject to removal by the Lessee from the Premises before the date of their return, unless otherwise agreed otherwise by the Parties.
3.6.2.3. For the avoidance of doubt, in writingthe event of early termination of the Agreement both in court and out-of-court procedure for the reasons in control by the Lessor, the Lessor shall reimburse to the Lessee (as full compensation for the Lessee’s losses in connection with such violation and termination of the Agreement) liquidated damages in the amount equal to the documented cost of permanent improvements made by the Lessee in the Premises as part of the Lessee’s Works subject to the Lessor’s consent, taking into consideration their depreciation, and other documented expenses of the Lessee related to the termination of the agreement and the vacation of the Premises (except for those specified in Clause 3.6.
2.1 to be dismantled upon termination of the Agreement — in relation to these improvements, the cost of their dismantling and removal is subject to reimbursement), in the manner prescribed by Clause 6.6 of the Agreement, while the amount of such reimbursement by agreement of the Parties in any case may not exceed the amount of the Fixed Part of the Lease Payment for 2 (two) years.
3.6.2.4. The Parties agree that at the time of return of the Premises the Lessor will not require elimination of the following possible damages to the Premises (hereinafter – the Damages): • stains, impurities, scratches, and abrasion marks on the walls, ceilings, and floor of the Premises from regular use of the Premises in accordance with the Intended Purpose in case the total surface area of the specified damages does not exceed ten percent (10%) of the total surface area of the walls, ceilings, and floor; • holes in the walls resulting from dismantling of equipment, furniture, and decoration elements whose diameter does not exceed 10 mm; • dustproof coating wear; • possible defects of the utility equipment resulting from its normal wear or upon expiration of the standard service life of such equipment. For the purpose of the Agreement the Damages specified in this Clause will be included in the definition of the term “natural wear” in accordance with the Laws.
3.6.2.5. When returning the Premises, the Lessee may leave any built-in closets, shelves and any other built-in furniture, reception desks, sensors, video cameras, and control panels of the Lessee’s security system installed in the Premises, cables of the access control system of the Premises, and partitions whose installation has been agreed by the Lessor. In case of dismantling of the built-in closets, shelves and other built-in furniture in the Premises, it shall be carried out with the minimum damage to the Premises (walls, ceiling, floor, and any other elements to which they have been fixed).
3.6.2.6. If any repair of the Premises to be returned is required due to incompliance of their condition with the natural wear definition or other requirements of this clause 3.6 and if such condition resulted from the Lessee’s action/omission, the Parties shall agree upon the Certificate of Premises Return with description of the defects and indication of presence/absence of damage, the scope of the damage, the ways and timelines of repair, replacement or monetary compensation of the damage. In case of any dispute arising regarding presence of defects in the Premises to be returned outside of the natural wear limits due to the appearance of such defects, the Parties may engage an expert organization for examination. The procedure for engagement of an expert organization is determined by the Parties in Clause 10.2.2 of the Agreement.
3.6.2.7. If upon expiration of the Lease Period or in case the Agreement is prematurely terminated, the Lessee has not vacated the Premises in time (within the timelines specified in Clause 3.6.2.1 of the Agreement), the Lessee shall be entitled to decide whether any alterations, technical improvements, finishes and fixtures and Non-structural changes made after pay the Lessor the payment for all the date hereof of the actual use of the Premises in the Premises which were provided amount equivalent to the Lease Payment and a penalty, subject to a written claim by the Lessor, in the amount of zero point thirty-three percent (i0.33%) will be removed of the monthly Fixed Part of the Lease Payment for each calendar day of delay in discharge of the obligations. The Lessee shall pay to the penalty specified in this Clause within five (5) days upon receipt of the respective claim from the Lessor. Acceptance by the Lessor of the amounts payable by the Lessee at his expense prior pursuant to termination this Clause and Clause 3.6.2.1 shall not be deemed renewal of this the Lease Agreement or (ii) will remain the Lessor’s consent to such occupation of the Premises, and such amount shall constitute the payment for the actual use of the Premises and shall be fixed for a limited period of time, even if the Lessor does not immediately exercise its rights in respect of the Lessee’s continued occupation of the Premises. In The Lessor’s provision of access to the second case Premises to the Lessor Lessee upon termination of the Agreement for the Lessee to remedy violations of this Clause, elimination of damage to the Premises or performance of work provided for in Clause 3.6.2.2 hereof and/or other delay in the return of the Premises by the Lessee shall not be obliged considered as absence of the Lessor’s objections to provide the Lessee with any financial compensation for use of the technical improvement performed Premises by the Lessee at its own costs within upon termination of the PremisesAgreement.
3.6.2.8. Within twenty (20) business days upon the ending date of the Lease Period or early termination of the Agreement, unless expressly stated otherwise in this Agreementthe Parties shall draw up and sign a bilateral reconciliation statement. The provisions of this Article hereof This statement shall be also effective after prepared by the expiry or termination of this AgreementLessor.
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Return of the Premises. 15.1 Upon expiration or termination of this Agreement, the Lessee shall return the Premises to the Lessor in a clean and tidy condition in the same state as at the time of the Commencement date Date under consideration of normal wear and tear. If the Premises show wear and tear in excess to that, the Lessor is entitled to charge reasonably necessary repair costs to Lessee and the Lessee shall be obliged to bear these costs, such costs to be reasonable.
15.2 Upon return of the Premises to the Lessor, the Lessor and the Lessee shall agree upon and sign a handover protocol, in which the state as well as all defects of the Premises that the Lessee is liable to repair, readings of any meters installed to record the consumption of utilities, handover of all keys and electronic security cards and handover of all technical or other instruction manuals will be recorded.
15.3 Upon return of the Premises, the Lessee Lessor shall return all keys to external doors and electronic cards, including duplicates, to the Lessor.
15.4 If the Lessee is delayed in returning and vacating the Premises after expiration or termination of this Agreement, unless such delay is agreed by the Parties in writing, the Lessee shall be obliged to pay to the Lessor a monthly contractual penalty amounting to twice the Rent for the period of delay until the Premises have been returned to the Lessor. In case such delay does not last for a whole month(s), the Lessor shall be entitled to a proportional penalty for each day of delay.
15.5 Unless agreed otherwise in writing, the Lessee shall be entitled to decide whether any alterations, technical improvements, finishes and fixtures and Non-structural changes made after the date hereof in the Premises which were provided by the Lessor, (i) will be removed by the Lessee at his expense prior to termination of this Agreement or (ii) will remain in the Premises. In the second case the Lessor Parties shall not be obliged to provide agree the Lessee with any financial compensation for conditions under which the technical improvement performed by the Lessee at its own costs within Lessee’s Improvements shall remain in the Premises, unless expressly stated otherwise in this Agreement. The provisions of this Article clause hereof shall be also effective after the expiry or termination of this Agreement.
Appears in 1 contract
Samples: Lease Agreement (Edwards Group LTD)
Return of the Premises. 15.1 Upon expiration or 10.1 The Lessee shall: • on the last day of the Lease Period; or, • in the event of early termination of the Lease Agreement on the grounds related to the Lessor’s violation of its obligations under the Lease Agreement, on the date coming four (4) months after the date of the Lease Agreement termination; or, • in the event of early termination of the Lease Agreement on the grounds related to the Lessee’s violation of its obligations under the Lease Agreement, on the date coming ten (10) Business Days after the date of the Lease Agreement termination:
10.1.1. return to the Lessor all the Premises (including all utilities with the terminal equipment installed) in their clean state and considering that the Premises are to be returned in their original state, in which the Premises have been transferred by the Lessor to the Lessee on the Access Date (as defined in the Preliminary Agreement), but with account for the natural wear and tear and subsequent works performed by the Lessor in the respective Premises, if any, as well as the provisions of Clause 10.1.2 – 10.1.3 below and in accordance with other obligations of the Lessee under the Lease Agreement. Permanent improvements made by the Lessee in the Premises within the Lessee’s Works, inter alia, within the Lessee’s Works under the Preliminary Agreement, shall be, at the Lessor’s discretion, subject to retention in the Premises or removal by the Lessee at its expense and bringing the Premises to their original state, in which the Premises have been received by the Lessee on the Access Date (as defined in the Preliminary Agreement), but with account for the natural wear and tear and subsequent works performed by the Lessor in the respective Premises, if any, which may be required by Lessor. Under no circumstances shall the Lessor reimburse the Lessee for the cost of the Lessee’s Works or any part thereof and/or the cost inputs of the Lessee for creation of any removable improvements, alterations or Permanent Improvements on the Premises, including those made under the Preliminary Agreement;
10.1.2. remove all sign boards, removable improvements, all property of the Lessee and/or other third parties, furniture and other items from the Premises, vacate the Parking Slots, the territory of the Warehouse Complex and remedy in full any damage caused;
10.1.3. replace or restore any damaged and/or lost Lessor’s property (which was installed on the Premises) with similar property of the same quality;
10.2. If the Lessee fails to properly perform its obligations under this AgreementSection, inter alia, by refusing to return the Premises or delaying in return of the Premises within the time limits specified in Clause 10.1 above and in the state described in Clause 10.1.1 above, the Lessee shall return shall, at the Lessor’s request, pay the following to the latter:
10.2.1. the amount of any expenses incurred by the Lessor in correcting or remedying the violation or bringing the Premises to the Lessor in a clean and tidy condition required state;
10.2.2. an actual use fee for the Premises equal to the daily amount of the Lease Payment for each day of the delayed return in the same state as at described in this Section. The amounts specified in this Clause 10.2 may also be recovered by the time Lessor by filing a claim under the Bank Guarantee or by withholding from the Security Payment, subject to the following: the amount of expenses specified in Clause 10.2.1 may be recovered by the Commencement date Lessor by filing a claim under consideration of normal wear the Bank Guarantee or by withholding from the Security Payment in the amount not exceeding sixty-five million (65 000 000) Rubles excluding VAT; and tear. If if the Premises show wear and tear in excess to thatLessor’s expenses exceed the said amount, the Lessor may file a claim for their payment in an amount exceeding the amount specified in this paragraph (or in a larger amount, if the amount available to the Lessor under the Bank Guarantee/Security Payment is entitled insufficient) directly to charge reasonably necessary repair costs to Lessee and the Lessee.
10.3. Acceptance by the Lessor of the amounts payable by the Lessee pursuant to Clause 10.2.2 above shall not be deemed renewal of the Lease Agreement or the Lessor’s consent to such occupation of the Premises, and such amount shall constitute the payment for the actual use of the Premises and shall be obliged fixed for a limited period of time, even if the Lessor does not immediately exercise its rights in respect of the Lessee’s continued occupation of the Premises. The Lessor’s provision of access to bear these costs, such costs the Premises to be reasonable.
15.2 Upon the Lessee upon termination of the Lease Agreement for the Lessee to remedy violations under this Section and/or other delay in the return of the Premises by the Lessee shall not be considered as lack of the Lessor’s objections to the Lessor, use of the Premises by the Lessee upon termination of the Lease Agreement.
10.4. The Return Certificate for the Premises signed by the Lessor and the Lessee shall agree upon and sign be a handover protocol, in which document confirming the state as well as all defects proper performance of the Premises that the Lessee is liable Lessee’s obligation to repair, readings of any meters installed to record the consumption of utilities, handover of all keys and electronic security cards and handover of all technical or other instruction manuals will be recorded.
15.3 Upon return of the Premises, the Lessee shall return all keys to external doors and electronic cards, including duplicates, to the Lessor.
15.4 If the Lessee is delayed in returning and vacating the Premises after expiration or termination of this Agreement, unless such delay is agreed by the Parties in writing, the Lessee shall be obliged to pay to the Lessor a monthly contractual penalty amounting to twice the Rent for the period of delay until the Premises have been returned to the Lessor. In case such delay does not last for a whole month(s), the Lessor shall be entitled to a proportional penalty for each day of delay.
15.5 Unless agreed otherwise in writing, the Lessee shall be entitled to decide whether any alterations, technical improvements, finishes and fixtures and Non-structural changes made after the date hereof in the Premises which were provided by the Lessor, (i) will be removed by the Lessee at his expense prior to termination of this Agreement or (ii) will remain in the Premises. In the second case event of ungrounded refusal of either Party to sign the Lessor relevant Return Certificate within three (3) calendar days from the date when the Return Certificate should have been signed, the Return Certificate signed by one of the Parties shall not be obliged to provide the Lessee with any financial compensation for the technical improvement performed deemed duly signed (approved) by the Lessee at its own costs within both Parties on the Premises, unless expressly stated otherwise date coming in this Agreement. The provisions of this Article hereof shall be also effective after three (3) calendar days from the expiry or termination of this Agreementdate when the Return Certificate should have been signed.
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Return of the Premises. 15.1 Upon expiration At the end of the Term, Tenant will return possession of the Premises to Landlord vacant, free of Tenant’s Personal Property, in broom - clean condition, and with all Leasehold Improvements in good condition and repair, excepting ordinary wear and tear, damage by fire or other casualty or condemnation that is not Tenant’s obligation to restore under Articles 10 or 12 (and excepting normal, minimal damage from removal of trade fixtures). In addition, Tenant shall remove (and restore the Premises damaged by removal of) all of the Required Removal Items. Notwithstanding any provision hereof to the contrary, Tenant shall not be required to remove (1) any of the Leasehold Improvements existing prior to the Execution Date and (2) any other Alterations other than the Required Removal Items. “Required Removal Items” means Alterations made after the Execution Date (i) consisting of internal stairwells, floor cuts, floor coring, vaults (other than the electric utility vaults) or structural steel, (ii) that have altered the exterior curtain wall, facade or exterior windows of the Building, including without limitation by the installation of ventilation louvers (which must be removed and the curtain wall restored), (iii) that consist of (A) executive bathrooms, (B) bathrooms, shower rooms, and locker rooms installed to service any fitness center in the Premises, (C) kitchen improvements for commercial food preparation service or cafeteria operations (including commercial-style sinks, disposals, grease traps, built-in refrigeration, hoods and venting, but excluding pantries, lunch and breakout rooms with microwave cooking only or the use of caterers in same with warming facilities that do not require venting and excluding any Alterations within or serving the existing Club area on the upper lobby level space), and (D) UPS or battery back-up systems, or (iv) that Landlord required in writing to be removed (or reserved the right to so require (in which case Tenant shall request Landlord’s final determination with respect to such items by giving to Landlord notice at least 30 but not more than 60 days prior to the Expiration Date (or within 10 days of any earlier termination of this Agreement, the Lessee shall return the Premises to the Lessor in a clean and tidy condition in the same state as Lease)) at the time of the Commencement date under consideration of normal wear and tear. If the Premises show wear and tear in excess to that, the Lessor is entitled to charge reasonably necessary repair costs to Lessee and the Lessee shall be obliged to bear these costs, such costs to be reasonable.
15.2 Upon return approval of the Premises installation of same or for which Tenant failed to the Lessorobtain Landlord’s written consent, the Lessor and the Lessee shall agree upon and sign a handover protocolif required, in which the state as well as all defects of the Premises that the Lessee is liable to repair, readings of any meters installed to record the consumption of utilities, handover of all keys and electronic security cards and handover of all technical or other instruction manuals will be recorded.
15.3 Upon return of the Premises, the Lessee shall return all keys to external doors and electronic cards, including duplicates, to the Lessor.
15.4 If the Lessee is delayed in returning and vacating the Premises after expiration or termination of this Agreement, unless such delay is agreed by the Parties in writing, the Lessee shall be obliged to pay to the Lessor a monthly contractual penalty amounting to twice the Rent for the period of delay until the Premises have been returned to the Lessorunder Section 8.1(a). In case such delay does not last for a whole month(s), no event shall the Lessor shall be entitled to a proportional penalty for each day Required Removal Items include any wiring or cabling or any item of delayLandlord’s Work.
15.5 Unless agreed otherwise in writing, the Lessee shall be entitled to decide whether any alterations, technical improvements, finishes and fixtures and Non-structural changes made after the date hereof in the Premises which were provided by the Lessor, (i) will be removed by the Lessee at his expense prior to termination of this Agreement or (ii) will remain in the Premises. In the second case the Lessor shall not be obliged to provide the Lessee with any financial compensation for the technical improvement performed by the Lessee at its own costs within the Premises, unless expressly stated otherwise in this Agreement. The provisions of this Article hereof shall be also effective after the expiry or termination of this Agreement.
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Samples: Office Lease (Cme Group Inc.)
Return of the Premises. 15.1 Upon expiration or termination of this Agreement, the Subsection 1 The Lessee shall return the Premises to on the date notified by the Lessor in a clean and tidy condition in after the same state as at the time expiry of the Commencement date under consideration of normal wear and tearContract. If the Premises show are not returned on schedule due to a reason attributable to the Lessee and the Premises have been leased by a new lessee, the Lessor shall have the right to request the Lessee to evacuate from the Premises within 3 days and withhold the Deposit paid by the Lessee, either partially or entirely. If the Deposit is not sufficient to compensate for the losses suffered by the Lessor therefrom, the Lessor shall have the right to claim such deficiency from the Lessee. In case the Premises have not yet been leased by a new lessee, the Lessor shall regard the Lessee has renewed the lease, under which circumstances the Lessee shall complete the formalities for renewal. If the Lessee fails to complete such formalities for renewal, the Lessor has the right to request the Lessee to be evacuated from the Premises immediately and withhold the Deposit paid by the Lessee, either partially or entirely.
Subsection 2 When the Lessee returns the Premises upon the expiry of the Contract, the Premises leased shall be of a good condition (except for natural wear and tear in excess tear). If the Lessor discovers any damage to thatthe Premises or facilities due to a reason attributable to the Lessee, the Lessor has the right to withhold the Deposit to offset the relevant losses. If the Deposit is not sufficient to compensate for such losses suffered by the Lessor, the Lessee shall make up the deficiency to the Lessor within 3 days after the receipt of the written notice issued by the Lessor.
Subsection 3 In terms of any annexure to the Premises by the Lessee (with the permit of the Lessor), it is not necessary that the Lessor will request the Lessee to restore the Premises to the original status after the expiry of the lease. If the Lessee doesn’t restore the Premises to the original status, the Lessor is entitled not obligated to charge reasonably necessary repair costs to Lessee and compensate the Lessee shall be obliged to bear these costs, such costs to be reasonable.
15.2 Upon return in terms of the Premises to the Lessor, the Lessor and the Lessee shall agree upon and sign a handover protocol, in which the state as well as all defects costs of the Premises that the Lessee is liable to repair, readings of any meters installed to record the consumption of utilities, handover of all keys and electronic security cards and handover of all technical or other instruction manuals will be recordedsuch annexure.
15.3 Upon return of the Premises, the Lessee shall return all keys to external doors and electronic cards, including duplicates, to the Lessor.
15.4 If the Lessee is delayed in returning and vacating the Premises after expiration or termination of this Agreement, unless such delay is agreed by the Parties in writing, the Lessee shall be obliged to pay to the Lessor a monthly contractual penalty amounting to twice the Rent for the period of delay until the Premises have been returned to the Lessor. In case such delay does not last for a whole month(s), the Lessor shall be entitled to a proportional penalty for each day of delay.
15.5 Unless agreed otherwise in writing, the Lessee shall be entitled to decide whether any alterations, technical improvements, finishes and fixtures and Non-structural changes made after the date hereof in the Premises which were provided by the Lessor, (i) will be removed by the Lessee at his expense prior to termination of this Agreement or (ii) will remain in the Premises. In the second case the Lessor shall not be obliged to provide the Lessee with any financial compensation for the technical improvement performed by the Lessee at its own costs within the Premises, unless expressly stated otherwise in this Agreement. The provisions of this Article hereof shall be also effective after the expiry or termination of this Agreement.
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Samples: Lease Agreement (Kongzhong Corp)