SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Lease, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject to the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above. Tenant shall remove all of its personal property and trade fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant shall perform at its sole cost and expense all restoration made necessary by its removal of alterations and improvements, personal property, and trade fixtures. Landlord may elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on expiration of the aforesaid ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or personal property, and Tenant shall be liable to Landlord for Landlord's costs and expenses for storing, removing, and disposing of same, and for the cost of restoring the Premises thereafter to the condition required by subparagraph (a), above.
Appears in 2 contracts
Samples: Commercial Lease (Finisar Corp), Turnstone Systems Inc
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord the Premises in a clean, good and all of Tenant's improvements and alterations thereon in good operating order, tenantable condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenancetear, and subject to the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove damage caused by written election of the Landlord pursuant to Paragraph 10(e), aboveexcepted. Tenant shall remove deliver to Landlord all of its personal property keys to the Premises. All improvements in and trade fixtures from to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the expiration Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or earlier termination for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall perform also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at its sole cost Tenant’s expense, remove any of such property and expense all restoration made necessary by its removal of alterations and improvementsstore, personal sell or otherwise deal with such property, and trade fixtures. undertake, at Tenant’s expense, such restoration work as Landlord may elect to retain deems necessary or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on expiration of the aforesaid ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or personal property, and Tenant shall be liable to Landlord for Landlord's costs and expenses for storing, removing, and disposing of same, and for the cost of restoring the Premises thereafter to the condition required by subparagraph (a), aboveadvisable.
Appears in 2 contracts
Samples: Office Lease (Digital Music Group, Inc.), Office Lease (Java Detour Inc.)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all data and trade fixtures from the Premises prior phone wires and other improvements which Landlord has required Tenant to the expiration remove pursuant to Section 14 or earlier termination Exhibit F of this Lease. Tenant shall perform at its sole cost and expense all restoration made necessary by its removal of alterations and improvements, personal property, and trade fixtures. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's costs cost for storage, removal or disposal of Tenant's personal property. If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month-to-month tenancy. During any holdover term, and disposing Tenant shall pay Base Monthly Rent in an amount equal to 150% of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus 100% of restoring the Premises thereafter Tenant's share of Expenses pursuant to the condition required by subparagraph (aSection 4(c)(3), above.
Appears in 2 contracts
Samples: Office Lease Agreement (F5 Networks Inc), Office Lease Agreement (F5 Networks Inc)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant Xxxxxx shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 13 herein. Tenant shall remove all of its personal property including, without limitation, all data and trade phone wires, wallpaper, paneling and other decorative improvements of fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or TenantXxxxxx's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration by Tenant at or earlier termination of this Lease by giving at least ten (10) days written notice prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from LandlordXxxxxxxx's retention or disposition of any such alterations, improvements, trade fixtures, and/or Xxxxxx's personal property, and . Tenant shall be liable to Landlord for Landlord's costs cost for storage, removal or disposal of Tenant's personal property. If Xxxxxx, with Xxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month- to-month tenancy. During any holder term, and disposing Tenant shall pay Minimum Monthly Rent in an amount equal to 125% over of same, and Minimum Monthly Rent for the cost last full calender month during the regular term plus 100% of restoring the Premises thereafter Tenant's share of Expenses pursuant to the condition required by subparagraph (aSection 4(b)(3), above.
Appears in 1 contract
Samples: Sonosight Inc
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon At the expiration or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises and with all improvements located therein in the condition the same were in as of Tenant's improvements and alterations thereon in good operating orderthe Commencement Date, condition, and state of repair, clean and free of debris (except for ordinary reasonable wear and tear occurring after Tenant's last necessary maintenanceexcepted, and subject shall deliver to Landlord all keys to the Premises. Tenant may remove all equipment, attached or unattached trade fixtures, furniture, and personal property, equipment, wiring, conduits and cabling placed in the Premises or elsewhere in the Building by Tenant so long as Tenant repairs all damage caused by such removal and, to the extent required under Section 8.2 of this Lease, shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture as Landlord may request, and repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any obligation to account for such items. The provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above. Tenant this Article shall remove all of its personal property and trade fixtures from the Premises prior to survive the expiration or earlier termination of this Lease. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall perform be a tenant at its sole cost sufferance and expense all restoration made necessary by its removal of alterations Tenant shall, in addition to Additional Rent and improvementsother charges under this Lease, personal property, and trade fixtures. Landlord may elect owe Base Rent equal to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(eone hundred fifty percent (150%) above, or Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on expiration of the aforesaid ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition Base Rent payable during the last month of any such alterations, improvements, trade fixtures, and/or personal propertythe Term, and Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease and in addition shall be liable for any court costs, legal costs and reasonable attorneys fees that Landlord incurs as a result of Tenant’s holding over. The provisions of this Article shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at Law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord for Landlord's costs accruing there from, Tenant shall protect, defend, indemnify and expenses for storinghold Landlord harmless from all loss, removingcosts, including reasonable attorneys’ fees, and disposing of sameliability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting there from. After the thirtieth (30th) day of any holdover of the Premises by Tenant, and notwithstanding the above or any other provision of this Lease to the contrary, Tenant shall be liable for consequential damages and any other damages permitted under this Lease or at Law, direct or otherwise, to Landlord in the event Tenant fails to vacate the Premises within sixty (60) days after Landlord notifies Tenant that Landlord has entered into a lease for the cost Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover. Such sixty (60) day notice period may run concurrently with the initial thirty (30) days of restoring the Premises thereafter to the condition required by subparagraph (a), aboveany Tenant holdover.
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements Tenant ixxxxxxments and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including without limitation, all data and trade phone wires, wallpaper, paneling and other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on Tenant prxxx xx the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and Tenant propertx. Xxxxxt shall be liable to Landlord for Xxxdlord's cost for storage, removal or disposal of Tenant's personal property. If Tenant, with Landlord's costs consent, remains in possession of the Premisex after xxxxxxxxon or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month-to-month tenancy. During any holdover term, and disposing Tenant shall pay Base Monthly Rent in an amount equal to one hundred fifty (150%) of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus one hundred percent (100%) of restoring Tenant's share of Expenses pursuant to Section 4(b)(3). If Tenant fails to surrender possession of the Premises thereafter upon terminxxxxx or expiration of this Lease and if Tenant does not obtain Landlord's written consent to Tenant's continued occupancy, then Tenant shall be deemed a tresxxxxxx and shall be liable to Landlord for all damages sustained by Landlord as a result thereof, together with Base Rate at a rate double the condition required by subparagraph (a), aboveLatest Rate.
Appears in 1 contract
Samples: Lease (Source Energy Corp /Ut/)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property and trade fixtures from the Premises prior to the expiration premises and, if required by Landlord at Landlord's option, shall remove including, without limitation, all wallpaper, paneling, and other decorative improvements or earlier termination of this Lease. Tenant fixtures and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's costs for storage, removal or disposal of Tenant's personal property. If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30 day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removing, and disposing shall apply to the month-to-month tenancy. Tenant shall pay monthly rent in an amount equal to 125% of same, and Rent for the cost last full calendar month during the regular term plus 100% of restoring said last month's estimate of Tenant's share of Expenses pursuant to Section 4.c.3. If Tenant remains without consent, Landlord shall receive rent in an amount equal to 300% of rent for the Premises thereafter last full month plus 100% at said last month's expenses pursuant to 4.c.3 plus all damages and costs associated with the condition required by subparagraph (a), aboveunauthorized occupancy and forcible eviction process.
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all wallpaper, panelling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in LandlordTerm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's costs cost for storage, removal or disposal of Tenant's personal property. If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removing, and disposing shall apply to the month- to-month tenancy. Tenant shall pay monthly rent in an amount equal to 125% of same, and Rent for the cost last full calendar month during the regular term plus 100% of restoring the Premises thereafter said last month's estimate of Tenant's share of Expenses pursuant to the condition required by subparagraph (a), aboveSection 4.c.3.
Appears in 1 contract
Samples: Styrochem International LTD
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon the expiration or earlier termination of the Term of this LeaseLease including any extension periods, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements and Tenant Improvements and/or alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenancetear, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 1814 herein and any other restoration that is then prohibited by applicable law, relating to the destruction or partial destruction of the Premises)e.g., except for alterations and improvements that Tenant is shall not be required to remove by written election of the Landlord pursuant to Paragraph 10(e), above. Tenant shall remove all of its personal property and trade fixtures restore any mezzanine space removed from the Premises prior if the then current parking ratios required under applicable law prohibit such restoration; provided, however, Tenant acknowledges and agrees that, unless otherwise agreed to in writing by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease. Tenant shall perform , be required, at its sole cost and expense expense, to (a) remove all of Tenant’s Work from the Premises, and (ii) restore the Premises and any improvements thereto that were removed or altered during the Term, including, without limitation, any office area and/or mezzanine area located within the Building on the Commencement Date, to the condition existing as of the date of this Lease. Subject to Paragraph 14, Tenant shall remove all personal property, including, without limitation, all wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by its the removal of any alterations or Tenant’s personal property before the expiration of the Term, including, for example, restoring all wall surfaces to their condition prior to the commencement of this Lease, ordinary wear and improvements, personal property, tear and trade fixturesdamage resulting from a casualty (provided such casualty is not the result of any Tenant Party’s negligence or willful misconduct) excepted. Landlord may elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or ’s personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in LandlordTerm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's ’s retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant’s personal property, and . Tenant shall be liable to Landlord for Landlord's ’s actual and reasonable costs for storage, removal or disposal of Tenant’s personal property. If Tenant, with Landlord’s consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written thirty (30) day notice at any time, by either party. All provisions of this Lease, except those pertaining to Term and expenses for storingrent, removingshall apply to the month-to-month tenancy. During such month-to-month tenancy, and disposing Tenant shall pay monthly rent in an amount equal to 150% of same, and Basic Rent for the cost last full calendar month during the immediately preceding Term plus 100% of restoring additional rent as provided in Paragraph 11 (Taxes), Paragraph 13 (Maintenance), Paragraph 16 (Insurance), subject to increase as provided therein; provided, however, during the first thirty (30) days of any such month-to-month tenancy, the above reference to “150%” shall be changed to a reference to “125%”. Any such holdover rent shall be paid on a per month basis without reduction for partial months during the holdover. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. This paragraph shall not be construed to create any express or implied right to holdover beyond the expiration of the Term or any extension thereof. If Tenant, without Landlord’s written consent to remain in the Premises, fails to surrender the Premises thereafter after expiration or termination of the Term, Tenant shall indemnify, defend and hold harmless Landlord from all loss or liability, including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender and losses to Landlord due to lost opportunities to lease any portion of the condition required by subparagraph (a)Premises to succeeding tenants, abovetogether with, in each case, actual attorneys’ fees and costs.
Appears in 1 contract
Samples: Industrial Lease (Dendreon Corp)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant Xxxxxx shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all data and trade phone wires, wallpaper, paneling and other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or TenantXxxxxx's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from LandlordXxxxxxxx's retention or disposition of any such alterations, improvements, trade fixtures, and/or Xxxxxx's personal property, and . Tenant shall be liable to Landlord for Landlord's costs cost for storage, removal or disposal of Tenant's personal property. If Xxxxxx, with Xxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month-to-month tenancy. During any holdover term, and disposing Tenant shall pay Base Monthly Rent in an amount equal to 150% of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus 100% of restoring Tenant's share of Expenses pursuant to Section 4(b)(3). If Xxxxxx fails to surrender possession of the Premises thereafter upon termination or expiration of this Lease and if Xxxxxx does not obtain Xxxxxxxx's written consent to Xxxxxx's continued occupancy, then Tenant shall be deemed a trespasser and shall be liable to Landlord for all damages sustained by Landlord as a result thereof, together with Base Rate at a rate double the condition required by subparagraph (a), aboveLatest Rate.
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration of the term or earlier the termination of this LeaseLease or of Tenant’s right of possession, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements and alterations thereon (except alterations which this Lease grants to Tenant the right or obligation to remove) in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject to the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), abovetear. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant’s personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or ’s personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's ’s retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant’s personal property, and . Tenant shall be liable to Landlord for Landlord's ’s costs for storage, removal or disposal of Tenant’s personal property. If Tenant fails to surrender the Premises upon the expiration of the term, or upon the termination of this Lease or of Tenant’s right of possession, (a) Tenant shall be a tenant at sufferance at the base rental rate of 125% of the last rental rate hereunder and expenses for storing, removingotherwise on the terms set forth herein, and disposing of same(b) Tenant shall defend, indemnify and for the cost of restoring the Premises thereafter to the condition required hold Landlord harmless from all resulting loss or liability, including without limitation, any claim made by subparagraph (a), aboveany succeeding Tenant founded on or resulting from such failure.
Appears in 1 contract
Samples: Lease (Nlight, Inc.)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe Term, Tenant Xxxxxx shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all data and trade phone wires, wallpaper, paneling and other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or TenantXxxxxx's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from LandlordXxxxxxxx's retention or disposition of any such alterations, improvements, trade fixtures, and/or Xxxxxx's personal property, and . Tenant shall be liable to Landlord for Landlord's costs cost for storage, removal or disposal of Tenant's personal property. If Xxxxxx, with Xxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month-to-month tenancy. During any holdover term, and disposing Tenant shall pay Base Monthly Rent in an amount equal to 150% of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus 100% of restoring Tenant's share of Expenses pursuant to Section 4(b)(3). If Xxxxxx fails to surrender possession of the Premises thereafter upon termination or expiration of this Lease and if Tenant does not obtain Landlord’s written consent to Xxxxxx’s continued occupancy, then Tenant shall be deemed a trespasser and shall be liable to Landlord for all damages sustained by Landlord as a result thereof, together with Base Rate at a rate double the condition required by subparagraph (a), aboveLatest Rate. 27.
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements Tenant Improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenancetear, casualty damage and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property and trade fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant Premises, and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's reasonable costs for storage, removal or disposal of Tenant's personal property. If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month to-month tenancy terminable on written 30 day notice at any time by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removingshall apply to the month-to-month tenancy. Tenant shall, and disposing of same, and for the cost initial ninety (90) days, pay monthly rent in an amount equal to 125% of restoring Rent for the Premises thereafter last full calendar month during the regular term plus 100% of said last month's estimate of the Expenses pursuant to Section 4.c.3. If Tenant remains without consent past the condition required by subparagraph initial ninety (a)90) days following the end of the Term of the Lease, aboveLandlord shall receive rent in an amount equal to 150% of rent for the last full month plus 100% at said last month's expenses pursuant to Section 4.c.3 plus all damages and reasonable costs associated with the unauthorized occupancy and forcible eviction process.
Appears in 1 contract
Samples: Letter Agreement (KBS Real Estate Investment Trust II, Inc.)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon On expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises premises and all of Tenant's improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris condition (except for ordinary wear and tear occurring after Tenant's the last necessary maintenance, and subject to the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premisesmaintenance made by Tenant), except for alterations and improvements that Tenant is required has the right to remove by written election of or is obligated to remove under the Landlord pursuant to Paragraph 10(e), above. Tenant shall remove all of its personal property and trade fixtures from the Premises prior to the expiration or earlier termination provisions of this Lease. Tenant shall remove all its personal property within the above stated time. Tenant shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvements, or Tenant's personal property, and trade fixturesproperty within the time periods stated in this paragraph. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or earlier termination of the term as allowed or required by this Lease by giving at least ten (10) days written days' notice to Tenant. Title to any such alterations, improvements, trade fixtures, alterations or Tenant's personal property that Landlord elects to retain or to dispose of on expiration of the aforesaid ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or alterations or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's costs and expenses for storing, removing, and disposing of same, and for the cost of restoring any alterations or Tenant's personal property. If Tenant fails to surrender the Premises thereafter to Landlord on expiration or ten (10) days after termination of the term as required by this paragraph, Tenant shall hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Premises, including, without limitation, claims made by a succeeding tenant resulting from Tenant's failure to surrender the Premises. If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on thirty (30) days' notice given at any time by either party. All provisions of this Lease, except those pertaining to term and option to acquire the Premises, shall apply to the condition required by subparagraph (a), abovemonth to-month tenancy.
Appears in 1 contract
Samples: Lease Agreement (Gci Inc)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration of the term or earlier the termination of this LeaseLease or of Tenant’s right of possession, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements and alterations thereon (except alterations which this Lease grants to Tenant the right or obligation to remove) in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenancetear. Notwithstanding the foregoing, and subject to unless the provisions of Paragraph 18parties otherwise mutually agree, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above. Tenant shall remove all of its trade fixtures, equipment and personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations or Tenant’s personal property before the expiration of the term, including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease, ordinary wear and improvements, personal property, and trade fixturestear excepted. Landlord may can elect to retain or to dispose of in any reasonable manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or ’s personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's ’s retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant’s personal property, and properly. Tenant shall be liable to Landlord for Landlord's ’s costs for storage, removal or disposal of Tenant’s personal property. If Tenant fails to surrender the Premises upon the expiration of the term, or upon the termination of this Lease or of Tenant’s right of possession, (a) Tenant shall be a tenant at sufferance at the base rental rate of 125% of the last rental rate hereunder and expenses for storing, removingotherwise on the terms set forth herein, and disposing of same(b) Tenant shall defend, indemnify and for the cost of restoring the Premises thereafter to the condition required hold Landlord harmless from all resulting loss or liability, including without limitation, any claim made by subparagraph (a), aboveany succeeding tenant founded on or resulting from such failure.
Appears in 1 contract
Samples: Lease
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord the Premises in a clean, good and all of Tenant's improvements and alterations thereon in good operating order, tenantable condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after excepted. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant's last necessary maintenance. Landlord, however, by written notice to Tenant concurrently with Landlord’s consent to such Alteration, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and subject to the provisions (b) any Alterations that either (i) Landlord has informed Tenant that such Alterations are conditioned on Tenant’s removal, or (ii) in Landlord’s reasonable judgment, are of Paragraph 18, relating to the destruction or partial destruction a nature that would require removal and repair costs that are materially in excess of the Premisesremoval and repair costs associated with standard office improvements (collectively referred to as “Required Removables”), except for alterations and improvements that . Tenant is shall not be required to remove by written election any of the Landlord pursuant to Paragraph 10(e)Work. Required Removables shall include, abovewithout limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural and utility alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall remove all repair damage to the Building caused by the installation or removal of Required Removables. If Tenant fails to perform its personal property and trade fixtures from obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the Premises time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then prior to vacating the expiration or earlier termination Premises, Tenant shall also be obligated to return such surfaces to the condition they were in at the commencement of this the Lease. Tenant shall perform also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at its sole cost Tenant’s expense, remove any of such property and expense all restoration made necessary by its removal of alterations and improvementsstore, personal sell or otherwise deal with such property, and trade fixtures. undertake, at Tenant’s expense, such restoration work as Landlord may elect to retain deems necessary or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on expiration of the aforesaid ten (10) day period shall vest in Landlordadvisable. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or personal property, and Tenant shall be liable pay to Landlord for Landlord's costs and expenses for storing, removing, and disposing of same, and for the cost of restoring such work on demand, plus interest at the Premises thereafter to the condition required by subparagraph rate of ten percent (a), above10%) per year.
Appears in 1 contract
Samples: Lease (Asana, Inc.)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant Xxxxxx shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or TenantXxxxxx's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from LandlordXxxxxxxx's retention or disposition of any such alterations, improvements, trade fixtures, and/or Xxxxxx's personal property, and . Tenant shall be liable to Landlord for Landlord's costs cost for storage, removal or disposal of Tenant's personal property. If Xxxxxx, with Xxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month-to-month tenancy. During any holdover term, and disposing Tenant shall pay Base Monthly Rent in an amount equal to 125% of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus 100% of restoring the Premises thereafter Tenant's share of Expenses pursuant to the condition required by subparagraph (a), aboveSection 4.c.3.
Appears in 1 contract
Samples: Onyx Software Corp/Wa
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration of the Term, Tenant shall surrender to Landlord the Premises and all improvements and alterations in good condition, except for casualty damage and ordinary wear and tear and alterations Tenant is obligated to remove under the provisions of Section 12 herein and pursuant to the Work Letter Agreement attached hereto as Exhibit “C”. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Additionally, upon the expiration or earlier termination of this Lease, Tenant shall surrender pay Landlord for the costs incurred by Landlord to Landlord the Premises and all remove any of Tenant's improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject to the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above’s signage. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant’s personal property before the expiration of the Term, including for example, restoring all wall surfaces to a patched and “paint ready” condition. Landlord can elect to retain or dispose of in any manner Tenant’s personal property not removed from the Premises by Tenant prior to the expiration of the Term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s costs for storage, removal or disposal of Tenant’s personal property. Upon the expiration or earlier termination of this Lease. , Tenant shall perform shall, at its Landlord’s sole option and at Tenant’s sole cost and expense expense, either (i) remove all restoration made necessary by its removal of alterations and improvements, personal property, and trade fixtures. Landlord may elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove from Building Cable existing within the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on expiration and within the common ducts and shafts of the aforesaid ten (10) day period shall vest Building, using all necessary care in Landlord. Tenant waives all claims against Landlord and Landlord's agents for removing such Building Cable in order to avoid any damage to the Building, or (ii) not remove all or any portion of the Building Cable, provided that Tenant resulting from Landlord's retention or disposition of shall leave any such alterationsBuilding Cable clearly labeled and in good working order with all connections intact. If Tenant, improvementswith Landlord’s written consent, trade fixturesremains in possession of the Premises after expiration or termination of the Term, and/or personal propertyor after the date in any notice given by Landlord to Tenant terminating this Lease, and such possession by Tenant shall be liable deemed to Landlord for Landlord's costs be a month-to-month tenancy terminable on written thirty (30)-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removingshall apply to the month-to-month tenancy, and disposing except Tenant shall pay monthly rent in an amount equal to two hundred percent (200%) of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus one hundred percent (100%) of restoring the Premises thereafter to the condition required by subparagraph (a), aboveall Additional Rent.
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements ’s Work and Tenant Improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all data and trade phone wires, wallpaper, paneling and other decorative improvements or fixtures from which were not part of the Premises prior to the expiration or earlier termination of this Lease. Tenant Improvements and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant’s personal property before the expiration of the Term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or ’s personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in LandlordTerm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's ’s retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant’s personal property, and . Tenant shall be liable to Landlord for Landlord's costs ’s cost for storage, removal or disposal of Tenant’s personal property. If Tenant, with Landlord’s consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month-to-month tenancy. During any holdover term, and disposing Tenant shall pay Base Monthly Rent in an amount equal to 150% of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus 100% of restoring Tenant’s share of Expenses pursuant to Section 4(b)(3). If Tenant fails to surrender possession of the Premises thereafter upon termination or expiration of this Lease and if Tenant does not obtain Landlord’s written consent to Tenant’s continued occupancy, then Tenant shall be deemed a trespasser and shall be liable to Landlord for all damages sustained by Landlord as a result thereof, together with Base Rate at a rate double the condition required by subparagraph (a), aboveLatest Rate.
Appears in 1 contract
Samples: Letter Agreement (Blue Nile Inc)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of the Term of this Lease, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements Tenant Improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenancetear, and subject items contained in Exhibit “J”, and alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above16 herein. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant’s personal property before the expiration of the Term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or ’s personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in LandlordTerm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's ’s retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant’s personal property, and . Tenant shall be liable to Landlord for Landlord's ’s costs for storage, removal or disposal of Tenant’s personal property. If Tenant, with Landlord’s consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removingshall apply to the month-to-month tenancy. Tenant shall pay monthly rent in an amount equal to 125% of Monthly Basic Rent, and disposing of samesubject to increases as provided in Subparagraph 5(c), and if applicable, for the cost last full calendar month during the regular Term plus 100% of restoring said last month’s estimate of Tenant’s share of Expenses pursuant to Paragraph 6, subject to increase as provided therein. If Tenant fails to surrender the Premises thereafter after expiration or termination of the Term, Tenant shall indemnify, defend and hold Landlord harmless from all loss or liability, including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender the condition required by subparagraph (a)Premises and losses to Landlord due to lost opportunities to lease any portion of the Premises to succeeding tenants, abovetogether with, in each case, actual attorneys’ fees and costs.
Appears in 1 contract
Samples: Letter Agreement (Curon Medical Inc)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon the expiration or earlier termination of the Term of this LeaseLease including any extension periods, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements and alterations thereon Improvements and/or Alterations (as defined in good operating order, Paragraph 14 below) in reasonable condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenancetear, and subject Alterations Tenant has the right or is obligated to remove, if any, under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that 14 herein. Tenant is shall not be required to remove by written election of the Landlord pursuant to Paragraph 10(e), above. Tenant shall remove all of its personal property and trade fixtures from the Premises prior to or restore at the expiration or earlier termination of this LeaseLease (i) any of the initial Tenant Improvements constructed prior to the Rent Commencement Date, Tenant's cabling of the Premises or (iii) any Alterations which are typical office or warehouse improvements (provided the parties hereto agree that any office improvements constituting greater than 3.75% of the total square footage of the Premises shall not be deemed typical). Subject to Paragraph 14, before the expiration of the Term, Tenant shall remove all personal property, and shall perform at its sole cost and expense all restoration made necessary by its the removal of alterations and improvementsany Alterations or Tenant's personal property before the expiration of the Term, including, for example, restoring all damaged wall surfaces to their condition prior to the removal of such Alterations or personal property, and trade fixtures. Landlord may elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in LandlordTerm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and property that has not been removed by Tenant prior to the expiration of the Term. Tenant shall be liable to Landlord for Landlord's actual and reasonable costs and expenses for storingstorage, removing, and disposing removal or disposal of same, and for the cost of restoring the Premises thereafter to the condition required by subparagraph (a), above.Tenant's personal property. EXHIBIT 10.6
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant Tenaxx shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating Section 14 herein and damage by fire or other casualty that is not otherwise Tenant's responsibility under this Lease to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboverepair. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal Tenaxx'x xersonal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention Landxxxx'x xetention or disposition of any such alterations, improvements, trade fixtures, and/or personal Tenaxx'x xersonal property, and . Tenant shall be liable to Landlord for Landlord's costs and expenses cost for storingstorage, removingremoval or disposal of Tenant's personal property. If Tenant, and disposing with Landxxxx'x xonsent, remains in possession of same, and for the cost of restoring the Premises thereafter after expiration or termination of the term, or after the date in any notice given by Landlord to the condition required by subparagraph (a), above.Tenant terminating
Appears in 1 contract
Samples: Eden Bioscience Corp
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of the Term of this Lease, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements Tenant Improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), abovePARAGRAPH 14 herein. Tenant shall remove all of its personal property and trade fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsof Tenant's personal property before the expiration of the Term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in LandlordTerm. Tenant waives all claims against Landlord and Landlord's agents for any damage to the Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's costs for storage, removal or disposal of Tenant's personal property. If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall b deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removingshall apply to the month-to-month tenancy. Tenant shall pay monthly rent in an amount equal to 125% of Monthly Basic Rent, and disposing of samesubject to increases as provided in SUBPARAGRAPH 5(C), and if applicable, for the cost last full calendar month during the regular Term plus 100% of restoring said last month's estimate to Tenant's share of Expenses pursuant to PARAGRAPH 13, subject to increase as provided therein. If Tenant fails to surrender the Premises thereafter after expiration or termination of the Term, Tenant shall indemnify, defend and hold Landlord harmless from all loss or liability, including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the condition required by subparagraph (a), abovePremises together with actual attorney's fees and costs.
Appears in 1 contract
Samples: Global Directmail Corp
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall Tenaxx xxxll surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations. Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal Tenaxx'x xersonal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention Landxxxx'x xetention or disposition of any such alterations, improvements, trade fixtures, and/or personal Tenaxx'x xersonal property, and . Tenant shall be liable to Landlord for Landlord's costs cost for storage, removal or disposal of Tenant's personal property. If Tenaxx, xxth Landxxxx'x xonsent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removing, and disposing shall apply to the month-to-month tenancy. Tenant shall pay monthly rent in an amount equal to 125% of same, and Rent for the cost last full calendar month during the regular term plus 100% of restoring the Premises thereafter said last month's estimate of Tenaxx'x xhare of Expenses pursuant to the condition required by subparagraph (a), aboveSection 4.c.3.
Appears in 1 contract
Samples: Optiva Corp /Wa/
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe Term, Tenant shall surrender to Landlord the Premises and all of Tenant's tenant improvements and alterations thereon in good operating orderthe same condition as existed at the Commencement Date, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations which Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above14. herein. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the Term, personal propertyincluding, and trade fixturesfor example, restoring all wall surfaces to their condition as of the Commencement Date. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in LandlordTerm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's costs reasonable cost for storage, removal and expenses for storing, removing, and disposing disposal of same, and for the cost Tenant's personal property. If Tenant with Landlord's consent remains in possession of restoring the Premises thereafter after expiration of the Term or after the date in any notice given by Landlord to the condition required Tenant terminating this Lease, such possession by subparagraph Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (a), above.30) days written notice given at any time by
Appears in 1 contract
Samples: Infoseek Corp
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this the Term of the Lease, Tenant shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above16 herein. Tenant shall remove all of its personal property including, without limitation, improvements or fixtures and trade fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvements, or Xxxxxx’s personal property, and trade fixturesproperty before the expiration of the Term. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or ’s personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in LandlordTerm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's Xxxxxxxx’s retention or disposition of any such alterations, improvements, trade fixtures, and/or Xxxxxx’s personal property, and . Tenant shall be liable to Landlord for Landlord's ’s costs and expenses for storingstorage, removingremoval or disposal of Tenant’s personal property. If Xxxxxx, and disposing with Xxxxxxxx’s consent, remains in possession of same, and for the cost of restoring the Premises thereafter after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to Term and rent, shall apply to the condition required month-to-month tenancy. If Tenant fails to surrender the Premises after expiration or termination of the Term, Tenant shall indemnify, defend and hold harmless from all loss or liability, including, without limitation, any loss or liability resulting from any claim against Landlord made by subparagraph (a)any succeeding Xxxxxx founded on or resulting from Xxxxxx’s failure to surrender and losses to Landlord due to lost opportunities to lease any portion of the Premises to succeeding tenants, above.together with, in each case, actual attorneys’ fees and costs. See Addendum Paragraph 7.5
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of the Term of this Lease, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements Tenant Improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above16 herein. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant shall (if installed by Tenant) and shall, at Landlord's request, perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the Term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in LandlordTerm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's costs for storage, removal or disposal of Tenant's personal property, provided Landlord's storage, removal or disposal is in compliance with applicable law. If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removingshall apply to the month-to-month tenancy. Tenant shall pay monthly rent in an amount equal to 150% of Monthly Basic Rent, and disposing of samesubject to increases as provided in Subparagraph 5(c), and if applicable, for the cost last full calendar month during the regular Term plus 100% of restoring said last month's estimate of Tenant's share of Expenses pursuant to Paragraph 6, subject to increase as provided therein. If Tenant fails to surrender the Premises thereafter after expiration or termination of the Term, Tenant shall indemnify, defend and hold Landlord harmless from all loss or liability, including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the condition required by subparagraph (a)Premises and losses to Landlord due to lost opportunities to lease any portion of the Premises to succeeding tenants, abovetogether with, in each case, actual attorneys' fees and costs.
Appears in 1 contract
Samples: Letter Agreement (Vidamed Inc)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant Xxxxxx shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenancetear, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18Section 14 herein, relating and damage caused by fire or other casualty that is not Tenant's obligation under this Lease to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboverepair. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or TenantXxxxxx's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from LandlordXxxxxxxx's retention or disposition of any such alterations, improvements, trade fixtures, and/or Xxxxxx's personal property, and . Tenant shall be liable to Landlord for Landlord's costs cost for storage, removal or disposal of Tenant's personal property. If Xxxxxx, with Xxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month- to-month tenancy. During any holdover term, and disposing Tenant shall pay Base Monthly Rent in an amount equal to 125% of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus 100% of restoring the Premises thereafter Tenant's share of Expenses pursuant to the condition required by subparagraph (a), aboveSection 4.c.3.
Appears in 1 contract
Samples: Lease (Tripath Imaging Inc)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant Xxxxxx shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 13 herein. Tenant shall remove all of its personal property including, without limitation, all wallpaper; paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or TenantXxxxxx's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from LandlordXxxxxxxx's retention or disposition of any such alterations, improvements, trade fixtures, and/or Xxxxxx's personal property, and . Tenant shall be liable to Landlord for Landlord's costs for storage, removal or disposal of Tenant's personal property. If Xxxxxx, with Xxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removing, and disposing shall apply to the month-to-month tenancy. Tenant shall pay monthly rent in an amount equal to 150% of same, and Rent for the cost last full calendar month during the regular term plus 100% of restoring the Premises thereafter said last month's estimate of Xxxxxx's share of Expenses pursuant to the condition required by subparagraph (a), aboveSection 4.c3.
Appears in 1 contract
Samples: Diversified Security Solutions Inc
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements Tenant Improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenancetear, casualty damage and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property and trade fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant Premises, and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's reasonable costs for storage, removal or disposal of Tenant's personal property. If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30 day notice at any time by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removingshall apply to the month-to-month tenancy. Tenant shall, and disposing of same, and for the cost initial ninety (90) days, pay monthly rent in an amount equal to 125% of restoring Rent for the Premises thereafter last full calendar month during the regular term plus 100% of said last month's estimate of the Expenses pursuant to Section 4.c.3. If Tenant remains without consent past the condition required by subparagraph initial ninety (a)90) days following the end of the Term of the Lease, aboveLandlord shall receive rent in an amount equal to 150% of rent for the last full month plus 100% at said last month's expenses pursuant to Section 4.c.3 plus all damages and reasonable costs associated with the unauthorized occupancy and forcible eviction process.
Appears in 1 contract
Samples: Letter Agreement (KBS Real Estate Investment Trust II, Inc.)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements Tenant imxxxxxxents and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all data and trade phone wires, wallpaper, paneling and other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Texxxx xrior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterationsTenant's personal propertx. Xxxxnt shall be liable to Landlord xxx Xandlord's cost for storage, improvements, trade fixtures, and/or removal or disposal of Tenant's personal property. If Tenant, with Landlord's consent, remains in possession of the Prexxxxx after exxxxxxxxn or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and Rent, shall apply to the month-to-month tenancy. During any holdover term, Tenant shall pay Base Monthly Rent in an amount equal to 150% of Base Monthly Rent for the last full calendar month during the regular term plus 100% of Tenant's share of Expenses pursuant to Section 4(b)(3). If Tenant fails to surrender possession of the Premises upon termxxxxxxn or expiration of this Lease and if Tenant does not obtain Landlord's written consent to Tenant's continued occupancy, then Tenant shall be deemed a txxxxxxser and shall be liable to Landlord for Landlord's costs and expenses for storingall damages sustained by Landlord as a result thereof, removing, and disposing of same, and for together with Base Rate at a rate double the cost of restoring the Premises thereafter to the condition required by subparagraph (a), aboveLatest Rate.
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant Txxxxx shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all data and trade phone wires, wallpaper, paneling and other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or TenantTxxxxx's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from LandlordLxxxxxxx's retention or disposition of any such alterations, improvements, trade fixtures, and/or Txxxxx's personal property, and . Tenant shall be liable to Landlord for Landlord's costs cost for storage, removal or disposal of Tenant's personal property. If Txxxxx, with Lxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month-to-month tenancy. During any holdover term, and disposing Tenant shall pay Base Monthly Rent in an amount equal to 150% of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus 100% of restoring Tenant's share of Expenses pursuant to Section 4(b)(3). If Txxxxx fails to surrender possession of the Premises thereafter upon termination or expiration of this Lease and if Txxxxx does not obtain Lxxxxxxx's written consent to Txxxxx's continued occupancy, then Tenant shall be deemed a trespasser and shall be liable to Landlord for all damages sustained by Landlord as a result thereof, together with Base Rate at a rate double the condition required by subparagraph (a), aboveLatest Rate.
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all data and trade fixtures from the Premises prior phone wires and other improvements which Landlord has required Tenant to the expiration remove pursuant to Section 14 or earlier termination Exhibit F of this Lease. Tenant shall perform at its sole cost and expense all restoration made necessary by its removal of alterations and improvements, personal property, and trade fixtures. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or ’s personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's ’s retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant’s personal property, and . Tenant shall be liable to Landlord for Landlord's costs ’s cost for storage, removal or disposal of Tenant’s personal property. If Tenant, with Landlord’s consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month-to-month tenancy. During any holdover term, and disposing Tenant shall pay Base Monthly Rent in an amount equal to 150% of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus 100% of restoring the Premises thereafter Tenant’s share of Expenses pursuant to the condition required by subparagraph (aSection 4(c)(3), above.
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant Xxxxxx shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 14 herein. Tenant shall remove all of its personal property including, without limitation, all data and trade phone wires, wallpaper, paneling and other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or TenantXxxxxx's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from LandlordXxxxxxxx's retention or disposition of any such alterations, improvements, trade fixtures, and/or Xxxxxx's personal property, and . Tenant shall be liable to Landlord for Landlord's costs cost for storage, removal or disposal of Tenant's personal property. If Xxxxxx, with Xxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingRent, removingshall apply to the month-to-month tenancy. During any holdover term, and disposing Tenant shall pay Base Monthly Rent in an amount equal to 150% of same, and Base Monthly Rent for the cost last full calendar month during the regular term plus 100% of restoring Tenant's share of Expenses pursuant to Section 4(b)(3). If Xxxxxx fails to surrender possession of the Premises thereafter upon termination or expiration of this Lease and if Tenant does not obtain Landlord's written consent to Xxxxxx's continued occupancy, then Tenant shall be deemed a trespasser and shall be liable to Landlord for all damages sustained by Landlord as a result thereof, together with Base Rate at a rate double the condition required by subparagraph (a), aboveLatest Rate.
Appears in 1 contract
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 12 herein. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property before the expiration of the term, including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord can elect to retain or dispose of in any manner Tenant's personal property not removed from the Premises by Tenant prior to the expiration or earlier sooner termination of this Lease. Tenant shall perform at its sole cost and expense all restoration made necessary by its removal of alterations and improvements, personal property, and trade fixtures. Landlord may elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on expiration of the aforesaid ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's costs for storage, removal or disposal of Tenant's personal property. If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removing, and disposing shall apply to the month-to-month tenancy. Tenant shall pay monthly rent in an amount equal to 200% of same, and Rent for the cost last full calendar month during the regular term plus 100% of restoring the Premises thereafter said last month's estimate of Tenant's share of Expenses pursuant to the condition required by subparagraph (a), aboveSection 4.c.3.
Appears in 1 contract
Samples: Invivo Corp
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe term, Tenant Xxxxxx shall surrender to Landlord the Premises and all of Tenant's Tenant improvements and alterations thereon in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), aboveSection 13 herein. Tenant shall remove all of its personal property including, without limitation, all wallpaper; paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the term, personal propertyincluding for example, and trade fixturesrestoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or TenantXxxxxx's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from LandlordXxxxxxxx's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenants personal property, and . Tenant shall be liable to Landlord for Landlord's costs for storage, removal or disposal of Tenant's personal property. If Xxxxxx, with Xxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and expenses for storingrent, removing, and disposing shall apply to the month-to-month tenancy. Tenant shall pay monthly rent in an amount equal to 125% of same, and Rent for the cost last full calendar month during the regular term plus 100% of restoring the Premises thereafter said last month's estimate of Xxxxxx's share of Expenses pursuant to the condition required by subparagraph (a), aboveSection 4.c3.
Appears in 1 contract
Samples: Integcom Corp
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration of the term or earlier the termination of this LeaseLease or of Tenant’s right of possession, Tenant shall surrender to Landlord the Premises and all of Tenant's improvements and alterations thereon (except alterations which this Lease grants to Tenant the right or obligation to remove) in good operating order, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenancetear. Notwithstanding the foregoing, and subject to unless the provisions of Paragraph 18parties otherwise mutually agree, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above. Tenant shall remove all of its trade fixtures, equipment and personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations or Tenant’s personal property before the expiration of the term, including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease, ordinary wear and improvements, personal property, and trade fixturestear excepted. Landlord may can elect to retain or to dispose of in any reasonable manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or Xxxxxx’s personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in Landlordterm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's Xxxxxxxx’s retention or disposition of any such alterations, improvements, trade fixtures, and/or Xxxxxx’s personal property, and properly. Tenant shall be liable to Landlord for Landlord's ’s costs for storage, removal or disposal of Tenant’s personal property. If Xxxxxx fails to surrender the Premises upon the expiration of the term, or upon the termination of this Lease or of Tenant’s right of possession, (a) Tenant shall be a tenant at sufferance at the base rental rate of 125% of the last rental rate hereunder and expenses for storing, removingotherwise on the terms set forth herein, and disposing of same(b) Tenant shall defend, indemnify and for the cost of restoring the Premises thereafter to the condition required hold Landlord harmless from all resulting loss or liability, including without limitation, any claim made by subparagraph (a), aboveany succeeding tenant founded on or resulting from such failure.
Appears in 1 contract
Samples: Lease (Nlight, Inc.)
SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration or earlier termination of this Leasethe Term, Tenant shall surrender to Landlord the Premises and all of Tenant's tenant improvements and alterations thereon in good operating orderthe same condition as existed at the Commencement Date, condition, and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject alterations which Tenant has the right or is obligated to remove under the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above(P)14. herein. Tenant shall remove all of its personal property including, without limitation, all wallpaper, paneling and trade other decorative improvements or fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant and shall perform at its sole cost and expense all restoration made necessary by its the removal of any alterations and improvementsor Tenant's personal property before the expiration of the Term. Including, personal propertyfor example, and trade fixturesrestoring all wall surfaces to their condition as of the Commencement Date. Landlord may can elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove removed from the Premises on expiration or earlier termination of this Lease by giving at least ten (10) days written notice Tenant prior to Tenant. Title to any such alterations, improvements, trade fixtures, or personal property that Landlord elects to retain or to dispose of on the expiration of the aforesaid ten (10) day period shall vest in LandlordTerm. Tenant waives all claims against Landlord and Landlord's agents for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, improvements, trade fixtures, and/or Tenant's personal property, and . Tenant shall be liable to Landlord for Landlord's costs reasonable cost for storage, removal and expenses for storingdisposal of Tenant's personal property. If Tenant with Landlord's consent remains in possession of the Premises after expiration of the Term or after the date in any notice given by Landlord to Tenant terminating this Lease, removingsuch possession by Tenant shall be deemed to be a month to month tenancy cancelable by either party on thirty (30) days written notice given at any time by either party and all provisions of this Lease, except those pertaining to Term, renewal options and disposing Base Rent shall apply and Tenant shall pay monthly Base Rent in an amount equal to one hundred fifty percent (150%), of same, and the Base Rent for the cost last full calendar month immediately preceding expiration of restoring the Premises thereafter to the condition required by subparagraph (a), aboveTerm.
Appears in 1 contract
Samples: Infoseek Corp