Surrender Obligations. In the event Tenant timely exercises Tenant’s Option to Terminate as set forth herein, Tenant agrees to surrender the Leased Premises to Landlord, free and clear of Tenant’s occupancy or the occupancy of any subtenants, as of the early termination date, and shall comply with all surrender requirements as outlined in Paragraphs 5 (“Acceptance and Surrender of Premises”), 7 (“Alterations and Additions”) and 44 (“Hazardous Materials”) of this Lease.
Surrender Obligations. Since Tenant will be occupying the Premises prior to the commencement of the Lease Term during the term of the Sublease, Seagate will not be completing any surrender work as required under section 15.1 of the Seagate Lease. Tenant hereby assumes all such surrender obligations and covenants and agrees to complete such surrender obligations under section 15.1 of the Master Lease as well as under section 15.2 of the Lease even though all or any portion of such work may have accrued during Seagate’s occupancy of the Premises under the Seagate Lease.
Surrender Obligations. As of the date of this Agreement, Tenant has vacated the Prime Premises and, in connection therewith, Tenant has decommissioned the Prime Premises and (a) furnished to Landlord and Subtenant that certain “Divestiture Environmental Site Assessment”, dated November 15, 2011, prepared by Environmental Resources Management (ERM) with respect to the decommissioning of the Premises and (b) submitted to the Radiation Control Program of the Department of Public Health of the Commonwealth of Massachusetts a request for termination of Materials License No. 55-0255 with supporting documents and (c) obtained from the Radiation Control Program of the Department of Public Health of the Commonwealth of Massachusetts an Amendment No. 04 dated October 19, 2011 terminating License No. 55-0558 (collectively, the “Decommissioning Report Materials”). On the basis of the Decommissioning Report Materials and Landlord’s inspection of the Premises, (i) Landlord acknowledges that, as of the date of this Agreement, the Prime Premises are in a condition that would satisfy Tenant’s surrender obligations under Section 7.4 of the Prime Lease.
Surrender Obligations. 26.1 Notwithstanding any contrary or inconsistent language in this Lease, the obligation of the Tenant to remove alterations, improvements, equipment and fixtures upon any termination of this Lease and the rights of the Landlord to elect that alterations, improvements, equipment and fixtures installed by Tenant in the Demised Premises shall be left in place upon any termination of the Lease shall be unchanged from those obligations and rights as they exist under the terms of the Comdisco Lease, a true and complete copy of which is annexed hereto, as Schedule “F” and the terms of which are incorporated herein for purposes of reference with respect to the restoration issues only. The rights of the parties respecting all future alterations, improvements and fixtures installed by the Tenant shall continue to be determined under the provisions of the Comdisco Lease throughout the Term of this Lease and all option terms provided for by this Lease.
26.2 Notwithstanding the foregoing and notwithstanding anything to the contrary in the Comdisco Lease, the Tenant shall not be permitted or required to remove the conduits and the wiring from the public right of way to the Building at the Demised Premises, and the conduits and wiring therein running from the Building to the buildings located at 000 Xxxxxxxxxx Xxxxxx and 000 Xxxxxxxx Xxxxxxxxx, shall not be removed at the Termination Date and shall become the sole property of the Landlord from and after the Termination Date.
Surrender Obligations. Notwithstanding the terms of Sections 8.5, 15.2, and 29.32 of the Original Lease, Tenant shall (i) not be obligated to remove any Specialty Alterations or other Alterations or improvements from the Premises (or repair any damage caused by such removal), including, without limitation, the Building Bridges and Bridge Structures, (ii) not remove any Lines (as that term is defined in Section 29.32 of the Original Lease) or any kitchens or cafeterias in the Premises, and (iii) continue to be obligated to remove all other of Tenant's Property (as defined in Section 15.2 of the Original Lease) prior to the Surrender Date, but shall not be obligated to repair any damage caused by such removal, except for any of such Tenant's Property, if any, that Tenant agrees to sell to the New Tenant.
Surrender Obligations. Subject to the terms and conditions herein, Tenant shall be responsible for relinquishing the Premises in the condition required under Lease Paragraphs 8 ("Acceptance and Surrender of Premises"), 9 ("Alterations and Additions") and 53 ("Hazardous Materials"); provided, however, that Tenant's payment for the Restoration Work (as defined below) in the manner provided immediately below shall constitute satisfaction of its obligations under Paragraphs 8 and 9. Prior to the execution of this Amendment, Landlord and Tenant shall conduct a joint inspection of the Premises to determine the extent of the work required by Tenant to comply with the provisions of said Paragraphs 8 and 9 ("Restoration Work"). In lieu of Tenant completing the required Restoration Work and pursuant to the terms herein, the parties hereto agree that Tenant shall pay Landlord for the estimated cost of the Restoration Work based on estimates received from Landlord's contractors. The Termination Fee referenced in Paragraph 2 ("Termination Fee") includes a Restoration Allowance (as defined in said Paragraph 2) of $100,000 , which sum represents Tenant's entire liability for completion of the Restoration Work. Tenant understands and acknowledges that Tenant will not receive a refund or credit on any portion of the Restoration Allowance that may exceed the estimated costs for the Restoration Work. For Example: if the estimated costs for the Restoration Work is $95,000.00 ($5,000.00 less than the Restoration Allowance), Tenant would not be entitled to receive a credit or refund. Tenant shall be required to surrender the Premises no later than the Early Termination Date in broom clean condition and free of all personal property belonging to Tenant (except for the Personal Property to be transferred to Landlord pursuant to Paragraph 3 ("Tenant's Personal Property to be Transferred to Landlord") below); however, Tenant shall be liable for any damage to the Premises that occurs from the date of this Amendment to the Early Termination Date (or any earlier date of surrender) caused by Tenant or its employees, agents, contractors or guests, to the extent such damage increases the cost of repair and restoration of the Premises above the amount of the Restoration Allowance.
Surrender Obligations. On or prior to the Effective Termination Date, the Tenant shall surrender the Premises to the Landlord with the Personal Property, but otherwise vacant and in broom clean condition and in compliance with the terms and conditions of the Lease (collectively, the "Surrender Obligations").
Surrender Obligations. Section 12.1 of the Original Lease (as amended by the First Amendment) is hereby further amended to add that, upon the expiration or earlier termination of the Lease (as amended hereby), (i) Tenant shall have no obligation to remove (A) the Landlord Fifth Amendment Expansion Work (including, without limitation, the Nitrogen Room, as defined in Section 4) or any portion thereof.
Surrender Obligations. Tenant has previously delivered to Landlord a Cleaning, Decontamination and Sanitization Certification, issued April 28, 2022, together with a letter dated April 5, 2022 for Tenant’s Remaining Premises (collectively, the “Exit Survey”) both prepared by Safety Partners, Inc., which Exit Survey has been accepted by Landlord. In addition, Tenant has (i) placed laboratory equipment decontamination forms on all decommissioned fixtures and equipment remaining within the laboratory areas of the Tenant’s Remaining Premises to assure safe occupancy by future users, (ii) provided written evidence of all appropriate governmental releases obtained by Tenant in accordance with applicable laws, to the extent there are any, and (iii) conducted a site inspection of Tenant’s Remaining Premises with Landlord. Landlord acknowledges and agrees that Tenant has no obligation to perform an Exit Survey or to carry out any other surrender related obligations relating to the Subleased Premises. Notwithstanding anything in the Lease to the contrary, Landlord acknowledges and agrees that Tenant’s movable trade fixtures, furnishings, goods and effects listed on Exhibit A attached hereto (“Tenant Personal Property”) may remain in the Premises upon Lease Termination (as defined below). Tenant represents that ownership of such Tenant Personal Property has been conveyed to BioNTech pursuant to a Bxxx of Sale as of Lease Termination.
Surrender Obligations. Section 7.5.1 of the Lease is hereby revised by the addition of the following language: “Tenant shall not be required to remove: (i) any of its improvements or alterations that were approved by Landlord and completed during the initial construction of the Premises prior to the original commencement date of the Lease (the “Initial Improvements”), and (ii) any improvements existing in the Premises as of April 1, 2009.” Tenant represents and warrants to Landlord that Tenant has not made any material alterations in, or improvements to, the Premises since the construction of the Initial Improvements.
