Common use of SURRENDER OF PREMISES ON TERMINATION Clause in Contracts

SURRENDER OF PREMISES ON TERMINATION. On or before the ninetieth ------------------------------------ (90th) day preceding the Term Expiration Date, Tenant shall notify Landlord in writing of the precise date upon which Tenant plans to surrender the Leased Premises to Landlord. On expiration of the Term, Tenant shall quit and surrender the Leased Premises to Landlord, broom clean, in good order, condition and repair as required by Section 5.05, with all of Tenant's movable equipment, furniture, trade fixtures and other personal property removed therefrom. Unless Tenant has obtained Landlord's agreement in writing that it can remove an Alteration or item of Tenant Improvements, all Alterations and Tenant Improvements shall be surrendered with the Leased Premises in good condition and repair, reasonable wear and tear (but only to an extent consistent with the Leased Premises remaining in good condition and repair) and casualty damage excepted. Any property of Tenant not removed hereunder shall be deemed, at Landlord's option, to be abandoned by Tenant and Landlord may store such property in Tenant's name at Tenant's expense, and/or dispose of the same in any manner permitted by law. If Landlord desires to have the Leased Premises, or any part or parts thereof, restored to a condition that existed prior to installation of any Tenant Extra Improvements or to their condition prior to making any Alteration thereto, Landlord shall so notify Tenant in writing not later than sixty (60) days prior to the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, upon the date of such termination); and upon receipt of such notice, Tenant shall, at Tenant's sole cost and expense, so restore the Leased Premises, or such part or parts thereof, before the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, within ten (10) days thereafter), so long as Landlord has previously notified Tenant, in accordance with Section 5.08 above, that Landlord requires such Alterations or Tenant Improvements to be removed upon termination of this Lease. Tenant shall repair at its sole cost and expense, all damage caused to the Leased Premises or the Project by removal of Tenant's movable equipment or furniture and such Tenant Improvements and Alterations as Tenant shall be allowed or required to remove from the Leased Premises by Landlord. If the Leased Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnify, defend, protect and hold Landlord and Landlord Parties harmless from and against any and all Claims resulting from or caused by Tenant's delay or failure in so surrendering the Leased Premises, including, without limitation, any Claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord will be attempting to lease the Leased Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Leased Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible hereunder to the full extent thereof.

Appears in 1 contract

Samples: Actuate Corp

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SURRENDER OF PREMISES ON TERMINATION. On 18.1 At the expiration (or before earlier termination) of the ninetieth ------------------------------------ (90th) day preceding the Term Expiration Dateterm hereof, Tenant shall notify Landlord in writing of the precise date upon which Tenant plans to will surrender the Leased Premises to Landlord. On expiration of the Term, Tenant shall quit broom clean and surrender the Leased Premises to Landlord, broom clean, free from any Hazardous Materials and in as good order, condition and repair as required by Section 5.05, with all of Tenant's movable equipment, furniture, trade fixtures and other personal property removed therefrom. Unless they were at the time Tenant has obtained Landlord's agreement in writing that it can remove an Alteration or item of Tenant Improvements, all Alterations and Tenant Improvements shall be surrendered with the Leased Premises in good condition and repairtook possession, reasonable wear and tear (but only excepted, and promptly upon surrender will deliver all keys and building security cards for the Premises to an extent consistent Landlord at the place then fixed for the payment of rent. All costs and expenses incurred by Landlord in connection with repairing or restoring the Premises to the condition called for herein, together with the Leased costs, if any, of removing any Hazardous Materials or Tenant’s Facilities (as defined below) from the Premises, together with liquidated damages in an amount equal to the amount of minimum net rental plus all other charges which would have been payable by Tenant under this Lease if the term of this Lease had been extended for the period of time reasonably required for Landlord to repair or restore the Premises remaining in good to the condition and repair) and casualty damage excepted. Any property of Tenant not removed hereunder called for herein, shall be deemed, at Landlord's option, invoiced to be abandoned by Tenant and Landlord may store such property in Tenant's name at Tenant's expense, and/or dispose of the same in any manner permitted by law. If Landlord desires to have the Leased Premises, or any part or parts thereof, restored to a condition that existed prior to installation of any Tenant Extra Improvements or to their condition prior to making any Alteration thereto, Landlord shall so notify Tenant in writing not later than sixty be payable as Additional Rental within five (605) days prior to after receipt of invoice. The “Tenant Facilities” shall be the regularly scheduled Term Expiration Date (all additions or if this Lease is sooner terminated, improvements installed by the Tenant upon the date of such termination); Premises and upon receipt of such notice, Tenant shall, at Tenant's sole cost and expense, so restore the Leased Premises, or such part or parts thereof, before the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, within ten (10) days thereafter), so long as Landlord has previously notified Tenant, all Alterations designated by written notice for removal in accordance with Section 5.08 above12.5. If Landlord exercises this option by the delivery of written notice thereof to Tenant, that Landlord requires such Alterations or then the designated Tenant Improvements to Facilities shall be removed upon termination by Tenant and Tenant shall promptly repair any damage to the Premises and restore the Premises to the condition it was prior to the installation or construction of the designated Tenant Facilities. In the event that Tenant fails to thus restore the Premises as above provided, Landlord shall have the right to restore the Premises and shall be reimbursed for any reasonable costs or expenses incurred as a result thereof in accordance with the provisions of this Lease. Tenant shall repair at its sole cost and expense, all damage caused to the Leased Premises or the Project by removal of Tenant's movable equipment or furniture and such Tenant Improvements and Alterations as Tenant shall be allowed or required to remove from the Leased Premises by Landlord. If the Leased Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnify, defend, protect and hold Landlord and Landlord Parties harmless from and against any and all Claims resulting from or caused by Tenant's delay or failure in so surrendering the Leased Premises, including, without limitation, any Claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord will be attempting to lease the Leased Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Leased Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible hereunder to the full extent thereofSection.

Appears in 1 contract

Samples: Lease (Mercantile Bank Corp)

SURRENDER OF PREMISES ON TERMINATION. On or before the ninetieth ------------------------------------ ninety (90th90) day days preceding the Term Expiration Date, Tenant shall notify Landlord in writing of the precise date upon which Tenant plans to surrender the Leased Premises to Landlord. On expiration the termination of the Term, Tenant shall quit and surrender the Leased Premises to Landlord, broom clean, in good order, condition and repair as required by Section 5.0510.1, together with all Alterations made in, to or on the Premises, except movable furniture and Tenant's trade fixtures installed at the expense of Tenant, except that Tenant shall ascertain from Landlord not later than sixty (60) days before the end of the Term whether Landlord desires to have the Premises, or any part or parts thereof, restored to the condition in which the Premises were delivered to Tenant, or to their conditions prior to making any Alteration thereto, and if Landlord shall so desire, then Tenant shall, at Tenant's movable equipmentsole cost and expense, furnitureso restore the Premises, trade fixtures and other or such part or parts thereof, before the end of the Term. On or before the end of the Term, Tenant shall remove all its personal property removed therefrom. Unless Tenant has obtained Landlord's agreement in writing that it can remove an Alteration or item of Tenant Improvementsfrom the Premises, and all Alterations and Tenant Improvements shall be surrendered with the Leased Premises in good condition and repair, reasonable wear and tear (but only to an extent consistent with the Leased Premises remaining in good condition and repair) and casualty damage excepted. Any property of Tenant not removed hereunder shall be deemed, at Landlord's option, to be abandoned by Tenant and Landlord may store such property in Tenant's name at Tenant's expense, and/or dispose of the same in any manner permitted by law. If Landlord desires to have the Leased Premises, or any part or parts thereof, restored to a condition that existed prior to installation of any Tenant Extra Improvements or to their condition prior to making any Alteration thereto, Landlord shall so notify Tenant in writing not later than sixty (60) days prior to the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, upon the date of such termination); and upon receipt of such notice, Tenant shall, at Tenant's sole cost and expense, so restore the Leased Premises, or such part or parts thereof, before the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, within ten (10) days thereafter), so long as Landlord has previously notified Tenant, in accordance with Section 5.08 above, that Landlord requires such Alterations or Tenant Improvements to be removed upon termination of this Lease. Tenant shall repair at its sole cost any and expense, all damage caused to the Leased Premises or the Project caused by Tenant's removal of Tenant's movable equipment its furniture, trade fixtures or furniture and such Tenant Improvements and Alterations as Tenant shall be allowed or required to remove from the Leased Premises by Landlordproperty hereunder. If the Leased Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnify, defend, protect and hold Landlord and Landlord Parties harmless from and against any and all Claims loss, liability, cost or expense (including attorneys fees) resulting from or caused by Tenant's delay or failure in so surrendering the Leased Premises, including, without limitation, Premises including any Claims claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord will be attempting to lease the Leased Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Leased Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible hereunder to the full extent thereof.

Appears in 1 contract

Samples: Netsource Communications Inc

SURRENDER OF PREMISES ON TERMINATION. On or before the ninetieth ------------------------------------ (90th) day preceding the Term Expiration Date, Tenant shall notify Landlord in writing of the precise date upon which Tenant Xxxxxx plans to surrender the Leased Premises to Landlord. On expiration of the Term, Tenant Xxxxxx shall quit and surrender the Leased Premises to Landlord, broom clean, in good order, condition and repair as required by Section 5.05this Lease, with all of Tenant's movable equipment, furniture, trade fixtures and other personal property removed therefromtherefrom (ordinary wear and tear and damage to an extent consistent with the Premises remaining in good condition and repair by casualty and condemnation which is not required to be restored pursuant to Section 12 excepted). Unless In addition, Tenant shall remove all telecommunications ---------- and computer networking wiring and cabling serving the Premises from the Building, unless Landlord requires such materials to be surrendered to Landlord. All Alterations and Tenant Improvements shall be surrendered with the Premises in good condition and repair, reasonable wear and tear (but only to an extent consistent with the Premises remaining in good condition and repair) and casualty damage which is not required to be restored pursuant to Section 12 ---------- excepted, unless (a) Tenant has obtained Landlord's agreement in writing that it can remove an Alteration or item of Tenant Improvements, all Alterations and or (b) Landlord has notified Tenant that Tenant must remove an Alteration or item of Tenant Improvements shall be surrendered with pursuant to the Leased Premises in good condition and repair, reasonable wear and tear (but only to an extent consistent with the Leased Premises remaining in good condition and repair) and casualty damage exceptedfollowing paragraph. Any property of Tenant not removed hereunder from the Premises shall be deemed, at Landlord's option, to be abandoned by Tenant Xxxxxx and Landlord may store such property in Tenant's name at Tenant's expense, and/or dispose of the same in any manner permitted by law. If Landlord desires to have the Leased Premises, or any part or parts thereof, restored to a condition that existed prior to installation of any Tenant Extra Improvements or to their the condition prior to making any Alteration theretoAlterations, Landlord shall may so notify Tenant in writing not later than sixty (60) days at any time prior to the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, upon within ten (10) days after the date of such termination); and upon receipt of such notice, Tenant shall, at Tenant's sole cost and expense, so restore the Leased Premises, or such part or parts thereof, reasonable wear and tear (but only to an extent consistent with the Premises remaining in good condition and repair) and casualty damage excepted, before the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, within ten (10) days thereafterafter receipt of notice), so long as Landlord has previously notified Tenant, in accordance with Section 5.08 above, that Landlord requires such Alterations or Tenant Improvements to be removed upon termination of this Lease. Tenant shall repair at its sole cost and expense, all damage caused to the Leased Premises or the Project by removal of Tenant's movable equipment or furniture and such Tenant Improvements and Alterations as Tenant shall be allowed or required to remove from the Leased Premises by Landlord. If the Leased Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnify, defend, protect and hold Landlord and Landlord Parties harmless from and against any and all Claims damages resulting from or caused by TenantXxxxxx's delay or failure in so surrendering the Leased Premises, including, without limitation, any Claims claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord will shall be attempting to lease the Leased Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Leased Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible hereunder responsible. At the time Landlord gives its approval to any Alterations or Tenant Extra Improvements, if requested by Tenant, Landlord shall inform Tenant as to which elements or components of such Alterations or Tenant Extra Improvements Landlord may require Tenant to remove from the Premises (and to have the Premises restored as provided above) at the end of the Term. Landlord shall notify Tenant no later than sixty (60) days prior to the full extent thereofend of the Term (or within thirty (30) days after an earlier termination of this Lease) which of the components so identified must be removed by Tenant and, if no such notice is provided, Landlord shall be deemed to have elected to have all such elements and components removed by Tenant and to have the Premises restored as provided above.

Appears in 1 contract

Samples: Tenant Estoppel Agreement (Homegrocer Com Inc)

SURRENDER OF PREMISES ON TERMINATION. On 18.1. At the expiration (or before earlier termination) of the ninetieth ------------------------------------ (90th) day preceding the Term Expiration Dateterm hereof, Tenant shall notify Landlord in writing of the precise date upon which Tenant plans to will surrender the Leased Premises to Landlord. On expiration of the Term, Tenant shall quit broom clean and surrender the Leased Premises to Landlord, broom clean, free from any Hazardous Materials and in as good order, condition and repair as required by Section 5.05, with all of Tenant's movable equipment, furniture, trade fixtures and other personal property removed therefrom. Unless they were at the time Tenant has obtained Landlord's agreement in writing that it can remove an Alteration or item of Tenant Improvements, all Alterations and Tenant Improvements shall be surrendered with the Leased Premises in good condition and repairtook possession, reasonable wear and tear (but only excepted, and promptly upon surrender will deliver all keys and building security cards for the Premises to an extent consistent Landlord at the place then fixed for the payment of rent. All costs and expenses incurred by Landlord in connection with repairing or restoring the Premises to the condition called for herein, together with the Leased costs, if any, of removing any Hazardous Materials or Tenant’s Facilities (as defined below) from the Premises, together with liquidated damages in an amount equal to the amount of minimum net rental plus all other charges which would have been payable by Tenant under this Lease if the term of this Lease had been extended for the period of time reasonably required for Landlord to repair or restore the Premises remaining in good to the condition and repair) and casualty damage excepted. Any property of Tenant not removed hereunder called for herein, shall be deemedinvoiced to Tenant and shall be payable as additional rental within five (5) days after receipt of invoice. The “Tenant Facilities” shall be all additions or improvements installed by the Tenant upon the Premises and all signs, trade fixtures, additions, improvements, changes or modifications to the base Building whether constructed or installed by the Landlord or the Tenant and designated as part of the Tenant’s property or facility by the Landlord at the time of the construction or installation thereof. The preceding sentence notwithstanding, Landlord reserves the right to designate by written notice to Tenant those Tenant Facilities which Landlord shall either keep or require Tenant to remove prior to, or at Landlord's ’s option, to be abandoned by Tenant and Landlord may store such property in Tenant's name at Tenant's expensewithin six (6) months after, and/or dispose of the same in any manner permitted by law. If Landlord desires to have the Leased Premises, expiration or any part or parts thereof, restored to a condition that existed prior to installation of any Tenant Extra Improvements or to their condition prior to making any Alteration thereto, Landlord shall so notify Tenant in writing not later than sixty (60) days prior to the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, upon the date of such termination); and upon receipt of such notice, Tenant shall, at Tenant's sole cost and expense, so restore the Leased Premises, or such part or parts thereof, before the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, within ten (10) days thereafter), so long as Landlord has previously notified Tenant, in accordance with Section 5.08 above, that Landlord requires such Alterations or Tenant Improvements to be removed upon termination of this Lease. If Landlord exercises its option of designating Tenant Facilities for removal by Tenant delivery of written notice thereof to Tenant, then the designated Tenant Facilities shall be removed by Tenant and Tenant shall promptly repair at its sole cost and expense, all any damage caused to the Leased Premises and restore the Premises to the condition it was prior to the installation or construction of the Project by removal of Tenant's movable equipment or furniture designated Tenant Facilities. In the event that Tenant fails to thus restore the Premises as above provided, Landlord shall have the right to restore the Premises and such Tenant Improvements and Alterations as Tenant shall be allowed reimbursed for any reasonable costs or required to remove from expenses incurred as a result thereof in accordance with the Leased Premises by Landlord. If the Leased Premises are not surrendered as provisions of the end of the Term in the manner and condition herein specified, Tenant shall indemnify, defend, protect and hold Landlord and Landlord Parties harmless from and against any and all Claims resulting from or caused by Tenant's delay or failure in so surrendering the Leased Premises, including, without limitation, any Claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord will be attempting to lease the Leased Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Leased Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible hereunder to the full extent thereofthis Section.

Appears in 1 contract

Samples: Lease (Ensemble Health Partners, Inc.)

SURRENDER OF PREMISES ON TERMINATION. On 19.01 At the expiration (or before the ninetieth ------------------------------------ (90thearlier termination) day preceding of the Term Expiration Datehereof, Tenant shall notify Landlord in writing of the precise date upon which Tenant plans to will surrender the Leased Premises to Landlord. On expiration of (including the TermTenant Improvements shown on the Plans, Tenant shall quit attached hereto as Exhibit A) broom clean and surrender the Leased Premises to Landlord, broom clean, in as good order, condition and repair as required by Section 5.05, with all of Tenant's movable equipment, furniture, trade fixtures and other personal property removed therefrom. Unless they were at the time Tenant has obtained Landlord's agreement in writing that it can remove an Alteration or item of Tenant Improvements, all Alterations and Tenant Improvements shall be surrendered with the Leased Premises in good condition and repairtook possession, reasonable wear and tear (but only and insured casualty excepted, and promptly upon surrender will deliver all keys and building security cards for the Premises to an extent consistent with Landlord at the Leased Premises remaining in good condition and repair) and casualty damage exceptedplace then fixed for the payment of rent. Any property At the expiration of the Lease term, Tenant not removed hereunder shall be deemedwill, at Landlord's option, to be abandoned by Tenant and Landlord may store such property in Tenant's name at Tenant's expense, and/or dispose of the same in any manner permitted by law. If Landlord desires to have the Leased Premises, or any part or parts thereof, restored to a condition that existed prior to installation of any Tenant Extra Improvements or to their condition prior to making any Alteration thereto, Landlord shall so notify Tenant in writing not later than sixty (60) days prior to the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, upon the date of such termination); and upon receipt of such notice, Tenant shall, at Tenant's sole its own cost and expense, so restore repair or pay the Leased Premisescost of restoration with respect to any damage to the Premises arising from the removal of any trade fixtures or similar items. Tenant shall have no rights of removal as to property affixed or otherwise placed on or in the Premises by or at the expense of Landlord, its predecessors, successors or such part or parts thereofassigns, before provided, however, upon expiration of the regularly scheduled Term Expiration Date (or if of this Lease is sooner terminated, within ten (10) days thereafter), so long as Landlord has previously notified Tenant, other than in accordance with Section 5.08 aboveD5, Tenant may remove the movable equipment with is funded with that portion of the Tenant Improvement Allowance with may be used for ancillary equipment acquisition is in accordance with Section D.1 below . All costs and expenses incurred by Landlord requires such Alterations in connection with repairing or restoring the Premises to the condition called for herein, together with the costs, if any, of removing any property of Tenant Improvements together with any property designated by Landlord pursuant to Section 10.02, left on the Premises, shall be removed upon paid by Tenant on demand. Tenant shall remove all property of Tenant and make all repairs necessitated thereby at its own cost, as directed by Landlord. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. Tenant shall repair at its sole cost and expense, all damage caused to the Leased Premises or the Project by removal of Tenant's movable equipment or furniture and such Tenant Improvements and Alterations as Tenant shall be allowed or required to remove from the Leased Premises by Landlord. If the Leased Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnify, defend, protect and hold Landlord and Landlord Parties harmless from and against any and all Claims resulting from or caused by Tenant's delay or failure in so surrendering the Leased Premises, including, without limitation, any Claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord will be attempting to lease the Leased Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Leased Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible hereunder to the full extent thereof.

Appears in 1 contract

Samples: Talk America Holdings Inc

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SURRENDER OF PREMISES ON TERMINATION. On or before the ninetieth ------------------------------------ (90th) day preceding the Term Expiration Date, Tenant shall notify Landlord in writing of the precise date upon which Tenant Xxxxxx plans to surrender the Leased Premises to Landlord. On expiration of the Term, Tenant Xxxxxx shall quit and surrender the Leased Premises to Landlord, broom clean, in good order, condition and repair as required by Section 5.05this Lease, with all of Tenant's movable equipment, furniture, trade fixtures and other personal property removed therefromtherefrom (ordinary wear and tear and damage to an extent consistent with the Premises remaining in good condition and casualty damage which is not required to be restored by Tenant pursuant to Section 12 excepted). Unless In addition, Tenant shall remove all telecommunications ---------- and computer networking wiring and cabling serving the Premises from the Building. All Alterations and Tenant Improvements shall be surrendered with the Premises in good condition and repair, reasonable wear and tear (but only to an extent consistent with the Premises remaining in good condition and repair) and casualty damage which is not required to be restored pursuant to Section 12 ---------- excepted, unless (a) Tenant has obtained Landlord's agreement in writing that it can remove an Alteration or item of Tenant Improvements, all Alterations and or (b) Landlord has notified Tenant that Tenant must remove an Alteration or item of Tenant Improvements shall be surrendered with pursuant to the Leased Premises in good condition and repair, reasonable wear and tear (but only to an extent consistent with the Leased Premises remaining in good condition and repair) and casualty damage exceptedfollowing paragraph. Any property of Tenant not removed hereunder from the Premises shall be deemed, at Landlord's option, to be abandoned by Tenant and Landlord may store such property in Tenant's name at Tenant's expense, and/or dispose of the same in any manner permitted by law. If Landlord desires to have the Leased Premises, or any part or parts thereof, restored to a condition that existed prior to installation of any Tenant Extra Improvements or to their the condition prior to making any Alteration theretoAlterations, Landlord shall may so notify Tenant in writing not later than sixty (60) days at any time prior to the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, upon within ten (10) days after the date of such termination); and upon receipt of such notice, Tenant shall, at Tenant's sole cost and expense, so restore the Leased Premises, or such part or parts thereof, reasonable wear and tear (but only to an extent consistent with the Premises remaining in good condition and repair) and casualty damage excepted, before the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, within ten (10) days thereafterafter receipt of notice), so long as Landlord has previously notified Tenant, in accordance with Section 5.08 above, that Landlord requires such Alterations or Tenant Improvements to be removed upon termination of this Lease. Tenant shall repair at its sole cost and expense, all damage caused to the Leased Premises or the Project by removal of Tenant's movable equipment or furniture and such Tenant Improvements and Alterations as Tenant shall be allowed or required to remove from the Leased Premises by Landlord. If the Leased Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnify, defend, protect and hold Landlord and Landlord Parties harmless from and against any and all Claims damages resulting from or caused by TenantXxxxxx's delay or failure in so surrendering the Leased Premises, including, without limitation, any Claims claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord will shall be attempting to lease the Leased Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Leased Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible hereunder responsible. At the time Landlord gives its approval to any Alterations or Tenant Extra Improvements, Landlord shall inform Tenant as to which elements or components of such Alterations or Tenant Extra Improvements Landlord may require Tenant to remove from the Premises (and to have the Premises restored as provided above) at the end of the Term. Landlord shall notify Tenant no later than sixty (60) days prior to the full extent thereofend of the Term (or within thirty (30) days after an earlier termination of this Lease) which of the components so identified must be removed by Tenant and, if no such notice is provided, Landlord shall be deemed to have elected to have all such elements and components removed by Tenant and to have the Premises restored as provided above.

Appears in 1 contract

Samples: Office Building Lease (Onyx Software Corp/Wa)

SURRENDER OF PREMISES ON TERMINATION. On or before the ninetieth ------------------------------------ (90th) day preceding the Term Expiration Date, Tenant shall notify Landlord in writing of the precise date upon which Tenant Xxxxxx plans to surrender the Leased Premises to Landlord. On expiration of the Term, Tenant Xxxxxx shall quit and surrender the Leased Premises to Landlord, broom clean, in good order, condition and repair as required by Section 5.05this Lease, with all of Tenant's ’s movable equipment, furniture, trade fixtures and other personal property removed therefromtherefrom (ordinary wear and tear and damage to an extent consistent with the Premises remaining in good condition and casualty damage which is not required to be restored by Tenant pursuant to Section 12 excepted). Unless In addition, Tenant has obtained Landlord's agreement in writing that it can shall remove an Alteration or item of Tenant Improvements, all telecommunications and computer networking wiring and cabling serving the Premises from the Building. All Alterations and Tenant Improvements shall be surrendered with the Leased Premises in good condition and repair, reasonable wear and tear (but only to an extent consistent with the Leased Premises remaining in good condition and repair) and casualty damage which is not required to be restored pursuant to Section 12 excepted, unless (a) Tenant has obtained Landlord’s agreement in writing that it can remove an Alteration or item of Tenant Improvements, or (b) Landlord has notified Tenant that Tenant must remove an Alteration or item of Tenant Improvements pursuant to the following paragraph. Any property of Tenant not removed hereunder from the Premises shall be deemed, at Landlord's ’s option, to be abandoned by Tenant and Landlord may store such property in Tenant's ’s name at Tenant's ’s expense, and/or dispose of the same in any manner permitted by law. Tenant shall remove from the Premises the internal stairway connecting the first, second and third floors of the Building along the South wall of the Building and the micro raised floor in the first floor of the Premises and shall restore such areas of the Premises to a “vanilla shell” condition in accordance with Xxxxxxxx’s plans for the Building shell and core. If Landlord desires to have the Leased Premises, or any part or parts thereof, restored to a condition that existed prior to installation of any Tenant Extra Improvements or to their the condition prior to making any Alteration theretoAlterations, Landlord shall may so notify Tenant in writing not later than sixty (60) days at any time prior to the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, upon within ten (10) days after the date of such termination); and upon receipt of such notice, Tenant shall, at Tenant's ’s sole cost and expense, so restore the Leased Premises, or such part or parts thereof, reasonable wear and tear (but only to an extent consistent with the Premises remaining in good condition and repair) and casualty damage excepted, before the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, within ten (10) days thereafterafter receipt of notice), so long as Landlord has previously notified Tenant, in accordance with Section 5.08 above, that Landlord requires such Alterations or Tenant Improvements to be removed upon termination of this Lease. Tenant shall repair at its sole cost and expense, all damage caused to the Leased Premises or the Project by removal of Tenant's ’s movable equipment or furniture and such Tenant Improvements and Alterations as Tenant shall be allowed or required to remove from the Leased Premises by Landlord. If the Leased Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnify, defend, protect and hold Landlord and Landlord Parties harmless from and against any and all Claims damages resulting from or caused by Tenant's Xxxxxx’s delay or failure in so surrendering the Leased Premises, including, without limitation, any Claims claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord will shall be attempting to lease the Leased Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Leased Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible hereunder responsible. At the time Landlord gives its approval to any Alterations or Tenant Extra Improvements, Landlord shall inform Tenant as to which elements or components of such Alterations or Tenant Extra Improvements Landlord may require Tenant to remove from the Premises (and to have the Premises restored as provided above) at the end of the Term. Landlord shall notify Tenant no later than sixty (60) days prior to the full extent thereofend of the Term (or within thirty (30) days after an earlier termination of this Lease) which of the components so identified must be removed by Tenant and, if no such notice is provided, Landlord shall be deemed to have elected to have all such elements and components removed by Tenant and to have the Premises restored as provided above.

Appears in 1 contract

Samples: Office Building Lease (Onyx Software Corp/Wa)

SURRENDER OF PREMISES ON TERMINATION. On or before the ninetieth ------------------------------------ (90th) day preceding the Term Expiration Date, Tenant shall notify Landlord in writing of the precise date upon which Tenant plans to surrender the Leased Premises to Landlord. On expiration of the Term, Tenant shall quit and surrender the Leased Premises to Landlord, broom clean, in good order, condition and repair as required by Section 5.05, with all of Tenant's ’s movable equipment, furniture, trade fixtures and other personal property removed therefrom. Unless Tenant has obtained Landlord's agreement in writing that it can remove an Alteration or item Subject to Section 2.02(b) and 5.08(c) above and Paragraph 12 of Tenant ImprovementsExhibit D hereto, all Roof Top Equipment, Alterations and Tenant Improvements shall be surrendered with the Leased Premises in good condition and repair, reasonable wear and tear (but only to an extent consistent with the Leased Premises and the Building remaining in good condition and repair) and casualty damage excepted. Any property In the event that, pursuant to said Sections 2.02(b) and 5.08(a) above and Paragraph 12 of Exhibit D, Tenant not removed hereunder shall be deemedis required to remove any Roof Top Equipment, at Landlord's option, to be abandoned by Alterations and/or Tenant and Landlord may store such property in Tenant's name at Tenant's expense, and/or dispose of the same in any manner permitted by law. If Landlord desires to have Improvements from the Leased PremisesPremises and/or the Building, or any part or parts thereofas applicable, restored then Tenant shall remove such Roof Top Equipment, Alterations and/or Tenant Improvements, as applicable, and restore the Leased Premises and the Building to a the condition that existed prior to the installation of any Tenant Extra Improvements or to their condition prior to making any Alteration thereto, Landlord shall so notify Tenant in writing not later than sixty (60) days prior to the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, upon the date of such termination); and upon receipt of such notice, Tenant shall, at Tenant's sole cost and expense, so restore the Leased Premises, or such part or parts thereofsame, before the regularly scheduled Term Expiration Date (or if this Lease is sooner terminated, within ten thirty (1030) days thereafter). Any property of Tenant not removed hereunder shall be deemed, so long as Landlord has previously notified Tenantat Landlord’s option, in accordance with Section 5.08 above, that Landlord requires such Alterations or Tenant Improvements to be removed upon termination abandoned by Tenant and Landlord may store such property in Tenant’s name at Tenant’s expense, and/or dispose of this Leasethe same in any manner permitted by Law. Tenant shall repair at its sole cost and expense, all damage caused to the Leased Premises or Premises, the Building and the Project by removal of Tenant's ’s movable equipment or furniture and such Roof Top Equipment, Tenant Improvements and Alterations as Tenant shall be allowed or required to remove from the Leased Premises by Landlord. Without limiting the foregoing, Tenant acknowledges and hereby agrees that Landlord’s rights to require removal of any Roof Top Equipment and Alterations hereunder shall extend to the right to require removal of any conduit, wiring, cabling or other telecommunications equipment located installed anywhere within the Project by or on behalf of Tenant; provided, however, that Landlord shall not require Tenant to remove any wiring or cabling that is useable by a successor tenant or occupant of the Building and in good condition and repair. If the Leased Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnify, defend, protect and hold Landlord and Landlord Parties harmless from and against any and all Claims resulting from or caused by Tenant's ’s delay or failure in so surrendering the Leased Premises, including, without limitation, any Claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord will be attempting to lease the Leased Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Leased Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible hereunder to the full extent thereof; provided, however, that in no event shall Tenant be liable for any consequential damages incurred by the successor tenant.

Appears in 1 contract

Samples: Office Building Lease (Fox Hollow Technologies Inc)

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