Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Webvan Group Inc)

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Surrender of Premises. Upon Whenever under the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right terms hereof Landlord is entitled to possession of the Premises, Tenant will at once shall surrender the Premises and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall keys thereto to Landlord. The Premises will be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, delivered in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good broom clean condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and otherwise in the same condition in which the Premises existed as of on the Commencement Date, except for reasonable wear damage due to casualty and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable ordinary wear and tear shall not include any damage or deterioration to associated with the floors of the Premises arising from the responsible use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts)first-class office space only excepted, and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signageof its personal property therefrom and all Cable installed by or for the benefit of Tenant and shall, alterationsto the extent required in accordance with the provisions of this Lease and if directed to do so by Landlord, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the remove any Tenant Improvements or Alterations and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about restore the Premises by, to its original condition prior to the construction of such Tenant Improvements or Alterations which have been made therein by or on behalf of Tenant, including any improvements made by Tenant pursuant to the Work Agreement. If Tenant shall cause previously performed Specialty Improvements requiring Landlord’s consent pursuant to Section 18(a) above but for which Tenant failed to procure Landlord’s consent (“Non-Approved Alterations”), Landlord may, on or before the removal Expiration Date, require that Tenant remove all or any of such Non-Approved Alterations if Landlord in good faith determines that any of such items constitutes a Specialty Alteration. Landlord and the repair of Tenant will jointly tour the Premises to be completed prior to such termination the Expiration Date in order to create a schedule of this LeaseNon-Approved Alterations. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and inLandlord may forthwith re-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from enter the Premises by Tenant upon and repossess itself thereof and remove all persons and effects therefrom, using such force as may be reasonably necessary without being guilty of forcible entry, detainer, trespass or other tort. Tenant’s obligation to observe or perform these covenants shall survive the expiration or earlier other termination of the Term. If the last day of the Term or any renewal falls on a Saturday, Sunday or a legal holiday, this LeaseLease shall expire on the business day immediately preceding.

Appears in 1 contract

Samples: Office Lease Agreement (Del Monte Foods Co)

Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, whether Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by forfeiturethis Lease, lapse of time or otherwise, or upon the termination of Tenant's right shall deliver to possession of Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant will at once surrender and deliver up that are located within the Premises or, in the case of Lines exclusively serving the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and anywhere in the condition in which the Premises existed as of the Commencement DateProject, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: (i) in the case of the floors caused by forklifts)expiration of the Term, Tenant shall remove such Lines and any repair such damage on or deterioration before the Expiration Date, unless Landlord notifies Tenant, at least ninety (90) days prior to the Expiration Date, that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all such Lines shall be surrendered with the Premises; and (ii) in the case of its obligations under this Lease. Upon such the earlier termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, Lines and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require repair such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines promptly after receipt of a non-standard nature, additions notice from Landlord requiring such removal and other improvements (other than the Tenant Improvements and those improvements or alterations repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair ’s expense and/or dispose of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises same in any manner permitted by Tenant upon the expiration or earlier termination of this Leaselaw.

Appears in 1 contract

Samples: Eventbrite, Inc.

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the die use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this thi; Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the ensure that & removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Competitive Companies Inc)

Surrender of Premises. Upon Tenant shall surrender the Premises to Landlord at the expiration or sooner termination of this Lease, whether by forfeiture, lapse the Term (as it may be extended) in as good a state of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (includingas the same was in on the Effective Date, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Datebroom-clean, except for reasonable wear and tear. All alterations and improvements, including HVAC equipment, wall coverings, carpeting and other floor coverings, ceiling tiles, window treatments, lighting fixtures, built-in or attached shelving, built-in furniture, millwork, countertops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and repairs not required to be wall mirrors, made by Landlord or Tenant as expressly provided in this Lease, or their contractors to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts)Premises, and any damage wiring or deterioration that would have been prevented by proper maintenance by cables in the Building serving the Premises, shall become Landlord’s property upon the expiration or sooner termination of the Term with no compensation to Tenant and shall remain in the Premises and Building upon the expiration or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease. Notwithstanding the foregoing, Tenant shall have the right to remove either during the Permitted Improvements Term (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removalor any extension thereof), all tenant signageor upon termination of the Lease any trade fixtures which are removable and which were installed by Tenant (including without limitation automated teller machines, trade fixtures, non-attached fixtures, furniture, furnishings, computer equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixturessafety deposit boxes), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. provided that Tenant shall repair any damage caused by such removal, at its expense, in a good and workmanlike manner with, within twenty (20) days of written request by Landlord delivered to Tenant either during or after the installation Term. If Tenant fails to perform such removal in accordance with the foregoing terms, Landlord may perform such work and in such event Tenant shall reimburse Landlord for the costs thereof within thirty (30) days of Tenant’s receipt of a written demand from Landlord, and if Tenant fails to pay such costs when due the amount due shall bear interest at the amount set forth in Section 19F above. On the expiration or removal sooner termination of such signsthe Term, Tenant, at its expense, shall remove from the Premises all moveable trade fixtures, machinery and equipment, including moveable communications equipment and moveable office equipment, that are installed in the Premises by Tenant without expense to Landlord, and all moveable trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from other articles of moveable personal property owned by Tenant and located in the Premises. Any items of Tenant’s property that shall remain in the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such after the expiration or sooner termination of this Leasethe Term, then Tenant shall remove all tenant signagemay, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time option of installation) installed in or about the Premises byLandlord, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to have been abandoned, and in that case, those items may be part retained by Landlord as its property to be disposed of by Landlord, without accountability to Tenant or any other party, in the manner Landlord shall determine, at Tenant's trade fixtures and ’s expense. The provisions of this Section 20 shall be removed from the Premises by Tenant upon survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Jacksonville Bancorp Inc /Fl/)

Surrender of Premises. Upon Tenant agrees to surrender to Landlord, at the end of the Term or upon any earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures Premises in (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in i) as good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which as the Premises existed as of were at the Commencement Occupancy Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable ordinary wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises excepted; (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant ii) except as otherwise performing all of its obligations under this Lease. Upon such termination of provided in this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, its trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, furnishings and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove equipment from the Premises. Tenant Premises and shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions removal; and improvements which are to be removed (iii) Tenant shall also remove all rubbish from the Premises by Premises. Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Leasehereby expressly authorizes Landlord, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf as agent of Tenant. Tenant shall cause the removal of , to remove such items rubbish and the repair of make such repairs as may be necessary to restore the Premises to be completed prior to such termination of this Leasecondition and charge Tenant the reasonable and actual cost. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon At the expiration or earlier termination of this Lease of Tenant’s right of possession, Tenant shall vacate and surrender possession of the entire Premises, ordinary wear and tear excepted, shall surrender all keys and key cards, and any parking transmitters, stickers or cards, to Landlord, and shall remove all personal property and office trade fixtures (except Landlord’s Personal Property) that may be readily removed without damage to the Premises, the Building or the Property. All improvements, fixtures and other items, including ceiling light fixtures, HVAC equipment, plumbing fixtures, hot water heaters, fire suppression and sprinkler systems, “Lines”, wall coverings, carpeting, and other flooring, blinds, drapes and window treatments, in or serving the Premises, whether installed by Tenant or Landlord, and Landlord’s Personal Property, shall be Landlord’s property and shall remain upon the Premises, all without compensation, allowance or credit to Tenant, unless Landlord elects otherwise as provided herein. If prior to such termination Landlord so directs by notice, Tenant shall promptly remove such of the foregoing items as are designated in such notice and restore the Premises to the condition prior to the installation of such items in a good and workmanlike manner, provided, Landlord shall not require removal of customary office improvements installed with Landlord’s written approval (except as expressly and reasonably required by Landlord in connection with granting such approval). If Tenant shall fail to perform any repairs or restoration, or fail to remove any items from the Premises required hereunder, Landlord may do so and Tenant shall pay Landlord’s charges therefor upon demand. All property removed from the Premises by the Landlord pursuant to any provisions of this Lease or any Law may be handled or stored by Landlord at Tenant’s expense, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. All property not removed from the Premises or retaken from storage by Tenant within thirty (30) days after expiration or earlier termination of this Lease or Tenant’s right to possession, shall at Landlord’s option be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without payment by Landlord. Unless prohibited by applicable Law, Landlord shall have a lien against such property for the costs incurred in removing and storing the same. Tenant hereby waives any statutory notice to vacate or quit the Premises upon expiration of this Lease.

Appears in 1 contract

Samples: Office Lease (Towerstream Corp)

Surrender of Premises. Upon termination or earlier expiration of this Lease, or upon the exercise by Landlord or Landlord's right to re-enter the Premises without terminating this Lease, Tenant will deliver the Premises to Landlord in a condition comparable to the condition existing on the Commencement Date, ordinary wear, tear and obsolescence only excepted. Tenant will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord's option, remove, or cause to be removed, from the Premises or the Building, at Tenant's expense and as of Expiration Date or earlier termination of this Lease, whether by forfeitureall signs, lapse of time or otherwisenotices, or upon the termination of Tenant's right to possession of the Premisesdisplays, Tenant will at once surrender and deliver up the Premisesmillwork, together with the attached fixtures (other than non-movable trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed or, subject to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination Section 8.3 of this Lease, any non-Building standard tenant improvements placed in the Premises or the Building. Tenant shall remove the Permitted Improvements (agrees to repair, at Tenant's expense, any damage to the extent Landlord has notified Tenant in writingPremises or the Building resulting from the removal of any articles of personal property, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, movable business or trade fixtures, non-attached fixturesmachinery, equipment, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some movable partitions or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from Building standard tenant improvements, including without limitation, repairing the Premisesfloor and patching and painting the walls where reasonably required by Landlord. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon obligations under this Section 8.2 will survive the expiration or earlier termination of this Lease. If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of the Term, Landlord, may, at Landlord's option, (a) remove such property from the Premises at the expense of Tenant and sell or dispose of same in such manner as Landlord deems advisable, or (b) place such property in storage at the expense of Tenant. Any property of Tenant remaining in the Premises ten (10) days after the Expiration Date or earlier termination of this Lease will be deemed to have been abandoned by Tenant, and in such case such items may be retained by Landlord as Landlord's property or disposed of by Landlord without accountability to Tenant, in such manner as Landlord determines, at Tenant's expense.

Appears in 1 contract

Samples: Office Lease (Royal Financial Corp)

Surrender of Premises. Upon All improvements to the Premises (collectively, “Leasehold Improvements“) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property“ shall mean: (A) any Leasehold Improvements that are installed by or for the benefit of Tenant and which are specifically designated by Landlord and Tenant for removal in writing at or prior to the time of installation (“Special Installations“); and (B) Tenant’s personal property. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 5 Business Days after the termination of this Lease, whether by forfeiture, lapse of time Lease or otherwise, or upon the termination of Tenant's ’s right to possession possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the Premisesexpenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant will at once surrender and deliver up fails to remove Tenant’s Removable Property from the PremisesPremises or storage, together with as the attached fixtures (other than trade fixturescase may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and other than title to Tenant’s Removable Property (except with respect to any furniture bolted for earthquake purposes which Hazardous Material [defined in Article 30]) shall be deemed to be not attached immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and may remain in the condition in which Premises for up to 5 Business Days after the Premises existed as Expiration Date for the sole purpose of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damageremoving Tenant’s Removable Property. Reasonable wear and tear shall not include any damage or deterioration to the floors Tenant’s possession of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion for such purpose shall be subject to all of the floors caused by forklifts), terms and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination conditions of this Lease, Tenant shall remove including the Permitted Improvements (obligation to pay Base Rent and the extent Landlord has notified Tenant in writing, OE Payment on a per diem basis at the time set forth rate in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to effect for the extent Landlord has notified Tenant, in writing, last month of the Term. In the event this Lease is terminated prior to the time of their installationExpiration Date, as set forth above, that Tenant’s Removable Property (except for Special Installations designated by Landlord will require such removal) unless Landlord reasonably requests, to remain in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the ) shall be removed by Tenant on or before such earlier date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premisestermination. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease’s Removable Property.

Appears in 1 contract

Samples: Office Lease (Key Energy Services Inc)

Surrender of Premises. Upon the termination of this Lease26.1 All alterations, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixturesadditions, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises)improvements in, additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Leaseon, or to the extent Landlord has actually received insurance proceeds Premises made or installed by or for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts inTenant, on or about the Premises (including, without limitation, any marks carpeting (collectively, “Alterations”), shall be and remain the property of Tenant during the Term. Upon the expiration or stains of any portion sooner termination of the floors caused by forklifts)Term, all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations title shall pass to Landlord under this LeaseLease as by a xxxx of sale. Upon such At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant shall remove will peaceably deliver up to Landlord possession of the Permitted Improvements (Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, if Landlord elects by notice given to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1of Landlord’s approval of the Alterations pursuant to Article 6 or within thirty (30) days after Landlord’s receipt of notice of a Cosmetic Alteration pursuant to Article 6, that it will require Tenant shall, at Tenant’s sole cost, remove any Alterations and/or Cosmetic Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal). Tenant must, at Tenant’s sole cost, remove upon the expiration or sooner termination of this Lease, any and all tenant signage, trade fixtures, non-attached fixtures, of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or well as all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, data/telecommunications cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed wiring installed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems Personalty not so removed shall be deemed abandoned by the Tenant and title to be part the same shall thereupon pass to Landlord under this Lease as by a xxxx of Tenant's trade fixtures sale, but Tenant shall remain responsible for the cost of removal and shall be removed from the Premises disposal of such Personalty, as well as any damage caused by Tenant upon the expiration or earlier termination of this Leasesuch removal.

Appears in 1 contract

Samples: Lease (Appgate, Inc.)

Surrender of Premises. Upon On the termination last day of the term of this Lease, whether by forfeitureor on the sooner termination thereof, lapse Lessee shall peaceably surrender the Premises in good broom-clean condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of time or otherwisethe term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of Lessee from the Premises upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, all at the sole cost and risk of Lessee, and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any manner in respect thereto unless caused by the gross negligence or willful misconduct of Lessor or its agents or employees. Lessee shall pay all costs and expenses of such removal, transportation and storage. Lessee shall leave the Premises in good order, condition and repair, reasonable wear and tear and damage from fire and other casualty not caused by Lessee excepted. Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or storage of abandoned property and with respect to restoring said Premises to good order, condition and repair. All improvements, alterations, additions, installations and fixtures, other than Lessee's trade fixtures and equipment, which have been made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the provisions of Article VIII hereof. If the Premises are not surrendered at the end of the term or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the Premises to Lessor at the place then fixed for the payment of Tenant's right to rent and shall inform Lessor of the combinations of any vaults, locks and safes left on the Premises. In the event Lessee remains in possession of the PremisesPremises after expiration of this Lease and without the execution of a new lease, Tenant will at once surrender and deliver up the Premisesbut with Lessor's written consent, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which Lessee shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which occupying the Premises existed as of the Commencement Datea tenant from month-to-month, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.subject

Appears in 1 contract

Samples: Lease (Vanstar Corp)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease, Tenant shall peaceably surrender the Premises to Landlord broom-clean and in the same condition as on the date Tenant took possession (a) except for reasonable wear and tear, loss by fire or other casualty and loss by condemnation, and (b) with all removal, restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Notwithstanding the foregoing, Tenant will not be required to remove any improvements or alterations existing in the Premises as of the date of full execution and delivery of this Lease. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that, if any of Tenant’s Property is removed, Tenant shall promptly repair any damage to the Premises or to the Building resulting from such removal. If Xxxxxx abandons or surrenders the Premises or is dispossessed by process of law or otherwise, any of Tenant’s Property left on the Premises shall be deemed abandoned, and, at Landlord’s option, title shall pass to Landlord under this Lease as by a bill of sale. If Landlord elects to remove all or any part of such Tenant’s Property, the reasonable cost of removal, storage and disposal of Tenant’s Property, including, without limitation, repairing any damage to the Premises or Building caused by such removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys and other means of entry to the Premises, the Building and the Project, excluding Tenant’s access control system which shall be removed by Tenant, and shall inform Landlord of the combinations and access codes for any locks and safes located in the Premises. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at Tenant’s cost at the expiration of the Term, unless Xxxxxxxx has specifically requested in writing that the Telecom Wiring shall remain, whereupon the Telecom Wiring shall be surrendered with the Premises as Xxxxxxxx’s property.

Appears in 1 contract

Samples: Office Lease

Surrender of Premises. Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and Tenant shall remove all of its property pursuant to Article 3 hereof. Tenant's obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, whether by forfeiture, lapse a sum equal to two (2) times the aggregate of time or otherwise, or upon that portion of the termination Rent and the additional rent which was payable under this Lease during the last month of Tenant's right the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises, Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant will at once surrender and deliver up after the Premises, together with Expiration Date or sooner termination of the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which Term shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as other than on account of the Commencement Date, except for reasonable wear and tear, and repairs not required amount to be made paid by Tenant as expressly provided in this Lease, or to accordance with the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination provisions of this LeaseArticle 21, Tenant which provisions shall remove survive the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some Expiration Date or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier sooner termination of this Lease.

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of the Term, Tenant shall deliver up and surrender to Landlord possession of the Premises, including all alterations, additions, improvements and fixtures, other than Tenant's trade fixtures, in good order, condition and state of repair, ordinary wear and tear excepted, and shall deliver all keys to the Premises to the office of Landlord at the Shopping Center or as otherwise directed by Landlord. Tenant shall have fifteen (15) days after the date the Term of this Lease expires or earlier terminates to remove its personal property and trade fixtures; provided, however, that (a) Tenant shall repair all damage to the Premises resulting from or arising out of such removal, (b) during such period Tenant shall perform and be liable for all obligations and conditions imposed on Tenant hereunder except for the payment of Rent, including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. The obligations set forth in the preceding sentence shall survive the termination of this Lease. Any property of Tenant not removed from the Premises within such fifteen (15) day period shall be deemed abandoned. In addition to all other remedies available, Landlord may, but shall not be obligated to, retain or dispose of any or all such property without liability to Tenant. In the event that Landlord elects to dispose of such property, Landlord shall so notify Tenant, and Tenant shall, no later than ten (10) days after such notice, remove all such property from the Premises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and Tenant shall pay to Landlord, on demand, all costs and expenses incurred by Landlord in disposing of such property, including, without limitation, reasonable attorneys' fees and disbursements, together with interest thereon, calculated at the Interest Rate, from the date Landlord expended such amounts.

Appears in 1 contract

Samples: Store Lease Agreement (Gottschalks Inc)

Surrender of Premises. Upon This Lease shall terminate at the termination end of this Lease, whether by forfeiture, lapse of time or otherwisethe Initial Term hereof, or upon any Extension Term hereof, and TENANT hereby waives notice to vacate the termination Leased Premises and agrees that LANDLORD shall be entitled to the benefit of Tenant's all provisions of law respecting the summary recovery of possession of premises from a tenant holding over to the same extent as if statutory notice had been given. For the period of six (6) months prior to the expiration of the Initial Term or any Extension Term (provided the option for the next Extension Term has not been exercised), LANDLORD shall have the right to possession display on the exterior of the PremisesLeased Premises in any window or doorway thereof, Tenant will the customary sign "For Rent" and during such period LANDLORD may show the Leased Premises and all parts thereof to prospective tenants during normal business hours. On the last day of the term, as the same may be extended, or on the sooner termination thereof, TENANT shall peaceably surrender the Leased Premises in good order, condition and repair, broom clean, fire and other unavoidable casualty and reasonable wear and tear only excepted. TENANT shall, at once surrender is expense, remove its trade fixtures, equipment, and deliver up signs from the PremisesLeased Premises and any property not removed on the last day of the term shall be deemed abandoned. Any abandoned fixtures or property of TENANT may be removed by LANDLORD, together with the attached cost of which shall be charged to TENANT as additional rent. Any damages caused by TENANT in the removal of such items shall be repaired at the TENANT'S expense. All alterations, additions, improvements and fixtures (other than TENANT'S signs, trade fixtures, and other than any furniture bolted for earthquake purposes equipment) which shall have been made or installed by either LANDLORD or TENANT upon the Leased Premises and all hard surface bonded or adhesively affixed flooring, shall remain upon and be deemed to surrendered with Leased Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease and shall then become property of LANDLORD. If the Leased Premises be not attached so surrendered, TENANT shall indemnify LANDLORD against loss, liability or expense resulting from delay by TENANT in so surrendering the Leased Premises, or failure to leave the Premises), additions and improvements which Landlord has notified Tenant, Leased Premises in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (required hereunder including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be claims made by Tenant as expressly provided in this Lease, or any succeeding tenant founded upon such delay. TENANT shall promptly surrender all keys to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration Leased Premises to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, LANDLORD at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time place then fixed for payment of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures rent and shall be removed from inform LANDLORD of combinations on any locks and safes on the Premises by Tenant upon the expiration or earlier termination of this LeaseLeased Premises.

Appears in 1 contract

Samples: Agreement of Lease (Cabletron Systems Inc)

Surrender of Premises. Upon At the expiration of the Term or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon Tenant shall surrender the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, Premises to Landlord (i) in good the same condition and repair as received (includingdamage by acts of God, but not limited tocasualty, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable normal wear and tear, condemnation, Hazardous Materials (other than those released or emitted by Tenant), Alterations or other interior improvements which it is permitted to surrender at the termination of this Lease and repairs that Tenant is not required to be made by Tenant as expressly provided in responsible for under this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damageexcepted), and (ii) in accordance with Section 27 hereof. Reasonable Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. Upon such On or before the expiration or earlier termination of this Lease, Tenant shall remove (a) all of Tenant’s Property (defined below) and Tenant’s signage from the Permitted Improvements Premises, and (b) any Alterations made without Landlord’s consent and any other Alterations that Landlord may, by notice to the extent Landlord has notified Tenant in writing, given at the time set forth in Section 11.1, that it will approves the Alterations require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additionsTenant (at Tenant’s expense) to remove, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal all of such signsremoval activities. “Tenant’s Property” means all equipment, trade fixtures, furniturecomputer wiring and cabling, furnishings, equipmentinventories, fixtures, additions goods and improvements which are to be personal property of Tenant. Any of Tenant’s Property not so removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination as required herein shall be deemed abandoned and may be stored, removed, and disposed of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of installation) installed such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in or about the Premises by, or on behalf storing and disposing of such abandoned property of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding Notwithstanding anything to the contrary contained herein, on or before the expiration of the Term or any earlier termination of this Lease, Tenant shall, at Tenant's racking ’s sole cost and in-rack sprinkler systems expense and in compliance with the National Electric Code and other applicable laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the exclusive benefit of Tenant in or around the Premises (collectively, the “Cabling”); provided, however, Tenant shall not remove the Cabling if Tenant receives a written notice from Landlord at least thirty (30) days prior to the expiration of the Lease authorizing all or any portion of the Cabling to remain in place, in which event the Cabling or portion thereof authorized by Landlord remain at the Premises shall be deemed to be part of Tenant's trade fixtures and shall be removed from surrendered with the Premises by Tenant upon the expiration or earlier termination of this Lease. All Alterations except those which Landlord requires Tenant to remove, shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered. Tenant shall indemnify, defend and hold the Indemnitees (as defined below) harmless from and against any and all Claims (x) arising from any delay by Tenant in so surrendering the Premises including, without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay, and (y) suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant.

Appears in 1 contract

Samples: Lease Agreement (Ambarella Inc)

Surrender of Premises. Upon All improvements made to the termination Premises (“Leasehold Improvements”), whether temporary or permanent in character, by either party (except only movable office furniture and equipment not attached to the Building) are a part of the Building and are the property of Landlord when they are placed in the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Expiration Date, may require Tenant to remove, at Tenant’s expense: any Leasehold Improvements that are performed by or for the benefit of Tenant and, 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 “Special Improvements”). Without limitation, it is agreed that Special Improvements include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Special Improvements designated by Landlord shall be removed by Tenant before the Expiration Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to five (5) days after the Expiration Date for the sole purpose of removing the Special Improvements. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, whether by forfeiture, lapse of time or otherwise, or upon including the termination of Tenant's right obligation to possession pay Rent on a per diem basis at the rate in effect for the last month of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the PremisesTerm. Tenant shall repair any damage caused by the installation or removal of such signsSpecial Improvements. If Tenant fails to remove any Special Improvements or perform related repairs in a timely manner, trade fixturesLandlord, furnitureat Tenant’s expense, furnishingsmay remove and dispose of the Special Improvements and perform the required repairs. Tenant, equipmentwithin 10 days after receipt of an invoice, fixturesshall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, additions Landlord may, in Landlord’s sole discretion and improvements which are at no cost to Landlord, require Tenant to leave any Special Improvements in the Premises. Notwithstanding anything to the contrary, Cable shall not be construed to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements Special Improvement or alterations not otherwise required to be removed by Landlord Tenant. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section 8.C), may request in writing that Landlord advise Tenant whether the Alteration or any portion of installation) installed in or about the Premises by, or on behalf Alteration will be designated as a Special Improvement. Within 10 Business Days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration, if any, will be considered to be Special Improvements. Upon the Expiration Date or any earlier termination of this Lease or Tenant’s right of possession, Tenant shall cause the removal of such items and the repair shall: (i) surrender to Landlord possession of the Premises in good repair and condition, reasonable wear and tear and damages or destruction by any insured casualty excepted, and (ii) deliver to Landlord all keys to the Premises and all parking access cards. If Tenant does not immediately surrender possession, Landlord may enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be completed prior to such occupying the Premises, or any part thereof, by force if necessary, without having any civil or criminal liability therefor. All furniture, movable trade fixtures, and equipment installed by Tenant remains the property of Tenant and must be removed by Tenant at the termination of this Lease. For purposes hereofAny removal of Tenant’s property must be accomplished in a good and workmanlike manner so as not to damage the Premises or the Building. Tenant, or Landlord at Tenant’s expense, shall repair any damage to the Premises or the Building caused by any removal. If Tenant fails to remove any of Tenant’s property within 5 days after the termination of this Lease or of Tenant’s right to possession, Landlord at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s property. In addition, if Tenant fails to remove Tenant’s property from the Premises or storage, as the case may be, within 10 days after written notice, Landlord may deem all or any part of Tenant’s property to be abandoned, and notwithstanding anything title to the contrary contained herein, Tenant's racking and in-rack sprinkler systems ’s property shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leaseimmediately vested in Landlord.

Appears in 1 contract

Samples: Office Lease (JRjr33, Inc.)

Surrender of Premises. Upon the expira- tion or earlier termination of the Term, Tenant shall deliver up and surrender to Landlord possession of the Premises, including all alterations, additions, improvements and fixtures, other than Tenant's trade fixtures, in good order, condition and state of repair, ordinary wear and tear excepted, and shall deliver all keys to the Premises to the office of Landlord at the Shopping Center or as otherwise directed by Landlord. Tenant shall have fifteen (15) days after the date the Term of this Lease expires or earlier terminates to remove its personal property, trade fixtures; provided, however, that (a) Tenant shall repair all damage to the Premises resulting from or arising out of such removal, (b) during such period Tenant shall perform and be liable for all obliga-tions and condi-tions imposed on Tenant hereunder except for the payment of Rent, including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. The obligations set forth in the preceding sentence shall survive the termination of this Lease, whether by forfeiture, lapse . Any property of time or otherwise, or upon Tenant not removed from the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures Premises within such fifteen (other than trade fixtures, and other than any furniture bolted for earthquake purposes which 15) day period shall be deemed abandoned. In addition to all other remedies available, Landlord may, but shall not be not attached obligated to, retain or dispose of any or all such property without liability to Tenant. In the event that Landlord elects to dispose of such property, Landlord shall so notify Tenant, and Tenant shall, no later than ten (10) days after such notice, remove all such property from the Premises); provided, additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationhowever, that if Tenant fails to so remove such property, then Landlord will require may do so, and Tenant not shall pay to removeLandlord, to on demand, all costs and expenses incurred by Landlord in good condition and repair (includingdisposing of such property, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts)reasonable attorneys' fees and disbursements, and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Leasetogether with interest thereon, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, calcu- lated at the time set forth in Section 11.1Interest Rate, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By from the date which is fortyLandlord ex-five (45) days prior to pended such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premisesamounts. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.7 Section II.4

Appears in 1 contract

Samples: Store Lease Agreement (Gottschalks Inc)

Surrender of Premises. Upon At the expiration of the Term or upon earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to Tenant shall peaceably surrender possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, Premises to Landlord in broom-clean condition and in as good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Datewhen Tenant took possession, except for reasonable wear and tear. Tenant shall have the right to remove from the Premises any of Tenant’s machinery, equipment, trade fixtures or furnishings which may be removed without causing damage to the Premises, and, subject to Section 13.1 herein, Tenant shall remove any Alterations and repairs not required any other alterations, additions, improvements, machinery, equipment, trade fixtures or furnishings installed by Tenant which Landlord shall direct to be made by Tenant as expressly provided removed in this Lease, or to accordance with the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors provisions of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon Tenant shall not be obligated to remove any Alterations or any other alterations, additions, improvements, machinery, equipment, trade fixtures or furnishings that Tenant did not install, and more specifically shall not be required to remove the prior tenant’s cabling currently in place. Tenant shall promptly repair any damage to the Premises or the Building caused by any such removal. Any personal property of Tenant not removed from the Premises shall be deemed to have been abandoned by Tenant and, at Landlord’s option, shall thereupon become the property of Landlord. If Landlord elects to remove all or any part of Tenant’s personal property, the cost of removal, including the cost of repairing any damage to the Premises or the Building caused by such removal, and the cost of any storage shall be paid by Tenant. At the expiration of the Term or upon any earlier termination of this Lease, Tenant shall remove the Permitted Improvements (surrender all keys to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (Premises to the extent Landlord has notified TenantLandlord. No act or conduct of Landlord, in writingincluding, prior without limitation, the acceptance of keys to the time Premises, shall constitute an acceptance of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all the surrender of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunderbefore the expiration of the Term. If Only a written notice from Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines constitute acceptance of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair surrender of the Premises to be completed prior to such and accomplish a termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Jaguar Health, Inc.

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which wh&h the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the die use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this thi; Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the ensure that & removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Third Enterprise Service Group Inc)

Surrender of Premises. Upon expiration or termination of the termination term of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premisesany extension thereof, Tenant will at once shall peaceably and quietly leave and surrender the Premises in as good condition as they are now, ordinary wear and tear excepted. Tenant shall surrender and deliver up the Premisesbuilding and Premises broom-clean and free of Tenant's property. Provided Tenant is not in default, together with it shall have the attached fixtures (other than right to remove all of its trade fixtures, equipment, machinery and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to personal property, provided that upon such removal the Premises), additions and improvements which Landlord has notified Tenant, Premises are delivered in writing prior to the same condition as existed at the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as commencement of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination Further, in the event Tenant does not remove any of this Leaseits fixtures, Tenant shall remove the Permitted Improvements (equipment or personal property or any additions or alterations made to the extent Landlord has notified Tenant in writing, at Premises during the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination term of this Lease, Landlord shall notify may, at its option, require Tenant in writing of those attached fixtures (other than trade fixtures)to remove any such improvements, alterations, additions fixtures and other non-attached improvements which equipment and restore the Premises to the condition that existed at the commencement of the Lease, at Tenants sole cost and expense, or retain the same. Recommendation of Legal Counsel. Landlord shall require Tenant not advises and recommends that all parties hereto obtain legal counsel to remove from represent them in connection with the examination of title, zoning of the Premises. Tenant shall repair any damage caused by , the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions contents and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination execution of this Lease, then Tenant shall remove tax implications of the transaction and all tenant signageother aspects relative to the transaction contemplated hereby. Notices. All notices, alterations, furniture, furnishings, trade fixtures, equipment, cabling demands and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not requests required to be removed given by Landlord either party to the other shall be in writing and shall be hand delivered or sent by certified or registered mail, return receipt requested, postage prepaid, addressed to the party at the time of installation) installed address set forth below or at such other addresses as the parties may designate in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything writing delivered pursuant to the contrary contained herein, Tenant's racking and in-rack sprinkler systems provisions hereof. Any notice when given as provided herein shall be deemed to be part have been delivered on the date personally served or two (2) banking days subsequent to the date that said notice was deposited with the United States Postal Service. Time is of the Essence. Time is of the essence hereof Quiet Enjoyment. Landlord represents and warrants that Landlord has the right to enter into and make this Lease; and Tenant's trade fixtures , upon paying the rent herein reserved and shall be removed from upon performing all of the Premises by Tenant upon the expiration or earlier termination terms and conditions of this LeaseLease on its part to be performed, shalt at all times during the term herein demised peacefully and quietly have, hold and enjoy the Premises.

Appears in 1 contract

Samples: Lease Agreement (Diego Pellicer Worldwide, Inc)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove all the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.110.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixturesfixtures ) and the Permitted Improvements), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installationImprovements) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Surrender of Premises. Upon All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”) provided that Landlord identifies such Special Installations by written notice to Tenant at the time of Landlord’s approval of plans and specifications therefor; and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 Business Days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned and may dispose of such items in accordance with California law. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises as provided above) shall be removed by Tenant within 2 Business Days after the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease’s Removable Property.

Appears in 1 contract

Samples: Office Lease (Cardium Therapeutics, Inc.)

Surrender of Premises. Upon the earlier to occur of (i) the expiration of this Lease, (ii) the termination of this Lease, whether by forfeitureor (iii) following a Tenant default, lapse Landlord’s exercise of time or otherwise, or upon the termination of Tenant's its right to possession re-enter or re-let the Premises without terminating this Lease (the earlier of all such days is herein referred to as the “Required Surrender Date”), Tenant shall immediately surrender to Landlord the Premises, Tenant will at once surrender including all alterations and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached improvements to the Premises), additions Premises and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not other property required to be made by Tenant left as expressly otherwise provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable all of which shall be in good order, repair and condition and broom clean, ordinary wear and tear and damage caused by casualty or eminent domain, or other damage which Landlord is obligated to repair excepted. Notwithstanding the preceding sentence, Landlord, at the time of its approval of Tenant Alterations in accordance with Section 6.02.C of these Supplemental Lease Provisions or at the time of its approval of any improvements to the Premises pursuant to a Work Letter (“Tenant Improvements”), may require that some or all of the Tenant Alterations or Tenant Improvements, as applicable be removed upon lease expiration or termination. In such event, Tenant shall, at the time of the surrender of the Premises as set forth in this paragraph A., remove at its expense any such Tenant Alterations and Tenant Improvements (collectively “Tenant Alterations Required to be Removed”), unless Landlord waives such requirement, in writing. Tenant shall at its expense, promptly repair any damage caused to the Premises or the Building in connection with Tenant’s surrender of the Premises and/or the removal of Tenant Alterations Required to be Removed. If Tenant fails to surrender the Premises in the condition aforesaid or repair any such damage, then Landlord may restore the Premises to such a condition and/or make such repairs, as applicable, at Tenant’s expense. Notwithstanding anything contained herein to the contrary, it is agreed that Tenant Alterations Required to be Removed shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts inusual office improvements such as gypsum board, on or about the Premises (includingpartitions, without limitationceiling grids and tiles, any marks or stains of any portion of the floors caused by forklifts)fluorescent lighting panels, Building standard doors and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixturesglued down carpeting. In addition, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements alterations which are to be removed from performed by Landlord in connection with the Premises by Landlord Work shall not be a Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required Alteration Required to be removed by Removed, except that if any changes are made to the current Construction Plans (as defined in the Work Letter), Landlord may designate any alterations performed in connection with such change as a Tenant Alteration Required to be Removed at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal Landlord’s approval of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leasechange.

Appears in 1 contract

Samples: Office Lease Agreement (MiddleBrook Pharmaceuticals, Inc.)

Surrender of Premises. Upon On expiration of the Term or the earlier termination of this Lease in accordance with its terms, Tenant shall quit and surrender the Premises to Landlord, broom clean, in good order, condition and repair as required by Section 10(d), with all of Tenant’s movable equipment, telecommunications and data equipment and wiring, furniture, trade fixtures and other personal property removed therefrom. Tenant shall reimburse Landlord upon the expiration or earlier termination of the Term of this Lease for the reasonable cost of removing all telecommunications and data cabling installed in the Premises by, or for the use of, Tenant. Unless Tenant has obtained Landlord’s agreement in writing that it can remove an Alteration or item of Tenant Improvements, or unless Landlord has elected to require pursuant to the provisions hereof that all or certain non-permanent Alterations be removed by Tenant, all Alterations and Tenant Improvements shall be surrendered with the Premises in good condition and repair, subject to reasonable wear and tear (but only to an extent consistent with the Premises remaining in good condition and repair) and casualty damage that is not required to be repaired by Tenant hereunder. 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 Premises, or any part or parts thereof, restored to a condition that existed prior to installation of any non-permanent Alteration thereto, Landlord shall, subject to the provisions of Section 10(c), so notify Tenant in writing not later than sixty (60) days prior to the expiration of the Term; and upon receipt of such notice, Tenant shall, at Tenant’s sole cost and expense, so restore the Premises, or such part or parts thereof, before the end of the Term. Tenant shall repair at its sole cost and expense, all damage caused to the 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 pursuant to the provisions hereof to remove from the Premises by Landlord. If, following the expiration or earlier termination of this Lease, whether the Premises is not surrendered in the manner and condition herein specified, then: (i) Landlord may, after ten (10) days written notice to Tenant, perform the obligations which Tenant failed to perform, and Tenant shall reimburse Landlord for all expenses incurred by forfeitureLandlord in performing such obligations, lapse of time or otherwise, or upon the termination of Tenant's right including an administration fee equal to possession ten percent (10%) of the Premisesaggregate of such expenses, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required such reimbursement to be made within ten (10) days of the receipt by Tenant as expressly provided in this Lease, or to the extent of a written request from Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors reimbursement, accompanied by reasonable evidence of the Premises arising expenses incurred by Landlord; and (ii) Tenant shall indemnify, defend, protect and hold Landlord harmless against all loss, liability, claim, cost or expense (including attorneys’ fees) resulting from the use of forklifts in, on or about caused by Tenant’s failure in so surrendering the Premises (in such manner or condition, including, without limitation, any marks or stains claims made by any succeeding tenant due to such failure, provided that such indemnity shall be effective only if such failure continues for a period of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements greater than ninety (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (4590) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon following the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Health Net Inc)

Surrender of Premises. Upon the termination No act by Landlord shall be deemed an acceptance of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession a surrender of the Premises, Tenant will at once and no agreement to accept a surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from shall be valid unless it is in writing and signed by Landlord. At the use of forklifts in, on expiration or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove deliver to Landlord the Permitted Improvements Premises with all improvements located therein in good repair and condition, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additionswhich Sections 12 and 13 shall control) excepted, and other improvements (shall deliver to the extent Landlord has notified Tenant, in writing, prior all keys to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination Provided that Tenant has performed all of this Leaseits obligations hereunder, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to may remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, all unattached trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from personal property placed in the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this LeaseTenant, then Tenant and shall remove all tenant signage, such alterations, furnitureadditions, furnishingsimprovements, trade fixtures, personal property, equipment, cabling wiring, and other lines of a non-standard nature, additions and other improvements furniture as Landlord may request. Notwithstanding anything in this Section 19 to the contrary: (other than the a) Tenant Improvements and those improvements or alterations shall not be required to be removed by Landlord at remove (i) any of the time of installation) installed in or about the Premises byWork, or on behalf of Tenant. Tenant shall cause (ii) any alterations or additions to which Landlord has given its written consent, unless Landlord's consent to such alterations or additions was conditioned upon the removal of such items and the repair of the Premises to be completed prior to such the expiration or termination of this Lease. For purposes hereof; and (b) Tenant shall be entitled to remove from the Premises all furniture, accessories, computers and other equipment, mounting racks, and notwithstanding anything to plants installed or placed in the contrary contained herein, Premises by Tenant's racking and in-rack sprinkler systems . Tenant shall repair all damage caused by such removal. All items not so removed shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises have been abandoned by Tenant upon and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items. The provisions of this Section 19 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Adesso Healthcare Technology Services Inc)

Surrender of Premises. Upon On the expiration date or sooner termination of this Leasethe Term, whether Tenant shall deliver to Landlord all keys to the Premises which are in its possession and/or control, shall quit and surrender the Premises to Landlord in broom-clean, good condition and repair, reasonable wear and tear and damage by forfeitureany casualty occurrence or elements excepted, lapse of time or otherwise, or upon the termination of and in compliance with Tenant's right to possession Environmental Law obligations as hereinafter defined in Paragraph 47 of the Premises, Tenant will at once surrender and deliver up the Premisesthis lease, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises)all alterations, additions and improvements which Landlord has notified Tenantmay have been made in, in writing prior on or to the time of their installationPremises, by Landlord or by Tenant ("Improvements") except for movable furniture and equipment, or unattached movable trade fixtures, its racks ("Personal Property"), and those Improvements made by Tenant that Landlord will require Tenant not elects to remove; provided, however, with respect to Improvements made by Tenant other than Tenant's racks, Tenant shall ascertain from Landlord, at the time it obtains Landlord's consent for each such Improvement, whether Landlord in good condition desires to have any such Improvement(s) removed and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in to have the Premises or any part thereof restored to the condition in which the Premises existed as of the Commencement Dateit was originally delivered to Tenant, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable ordinary wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunderexcepted. If Landlord fails to so notify Tenant at least forty-five (45) days prior advise Tenant, Landlord shall be deemed to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations have not required elected to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause require the removal of such items Improvement(s). If Landlord shall so desire to have any Improvement(s) removed or if Tenant shall elect to remove any such Improvement(s) (even if Landlord does not want them to be removed) by notice delivered to Landlord not less than three (3) months prior to the Termination Date, then Tenant, prior to the Termination Date, at its sole cost and expense, shall remove therefrom all such Improvements as may be requested by Landlord or desired by Tenant, together with its Personal Property, and fix and repair any and all damage or defacement to the repair Premises caused by the installation and/or removal of Improvements or Personal Property and to the extent the installation of such Improvement or Personal Property replaced some portion of the Premises as constructed by the Landlord, Tenant shall repair or restore the Premises to be completed its condition prior to the installation of such termination Improvements or Personal Property, reasonable wear and tear excepted. Any or all of this Lease. For purposes hereofsuch Personal Property or Improvements not so removed, and notwithstanding anything to at Landlord's option, shall become the contrary contained hereinexclusive property of Landlord and/or may be disposed of by Landlord, at Tenant's racking cost and in-rack sprinkler systems shall be deemed to be part of expense, without further notice or demand. Tenant's trade fixtures and obligation under this Paragraph shall be removed from the Premises by Tenant upon survive the expiration or earlier sooner termination of this Leasethe Term.

Appears in 1 contract

Samples: Lease Agreement (Di Giorgio Corp)

Surrender of Premises. Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and Tenant shall remove all of its property pursuant to Article 3 hereof. Tenant's obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within fourteen (14) days after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, whether by forfeiture, lapse a sum equal to two (2) times the aggregate of time or otherwise, or upon that portion of the termination Rent and the additional rent which was payable under this Lease during the last month of Tenant's right the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises, Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant will at once surrender and deliver up after the Premises, together with Expiration Date or sooner termination of the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which Term shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as other than on account of the Commencement Date, except for reasonable wear and tear, and repairs not required amount to be made paid by Tenant as expressly provided in this Lease, or to accordance with the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination provisions of this LeaseArticle 21, Tenant which provisions shall remove survive the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some Expiration Date or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier sooner termination of this Lease.

Appears in 1 contract

Samples: Agreement (Viatel Inc)

Surrender of Premises. Upon Tenant shall deliver the Premises (together with all Tenant Improvements, alterations and other improvements made by or on behalf of Tenant) to Landlord upon the expiration or sooner termination of the Term or upon termination of Tenant's right of possession of the Premises in good condition, less ordinary wear and tear, or damage from casualty, excepted, failing which Landlord may restore the Premises to such condition and Tenant shall pay Landlord the cost thereof upon demand. All installations (including low voltage cabling), alterations, additions, hardware, non-trade fixtures and improvements, temporary or permanent, except movable furniture, trade fixtures and equipment belonging to Tenant (“Fixtures”), in or upon the Premises, whether placed there by Tenant or Landlord, shall be Landlord's property and shall be relinquished to Landlord in good condition, ordinary wear and tear excepted, at the termination of this Lease, whether Lease or Tenant's right to possession by forfeiture, lapse of time or otherwise, all without compensation, allowance or credit to Tenant. At the time of approving alterations in accordance with Section 10 or the Tenant Improvements Work in Section 21, Landlord may identify in writing to Tenant that such alterations must be removed or restored at the end of the term. Tenant shall otherwise have no obligation to remove the Tenant Improvements or any alterations or improvements under this Section 9 that have been approved by Landlord in writing pursuant to Section 10 unless identified by Landlord in accordance with the immediately preceding sentence. If Tenant fails to comply with the provision of this paragraph, all personal property and equipment of Tenant shall be deemed abandoned and Landlord may remove the same upon two (2) business days’ notice and Tenant shall, upon demand, pay to Landlord the termination cost of Tenant's right to possession such removal and of any necessary restoration of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Commencement Date Agreement (Duolingo, Inc.)

Surrender of Premises. Upon At the expiration of the Term or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon Tenant shall surrender the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, Premises to Landlord (a) in good condition and repair (includingdamage by acts of God, casualty, condemnation, Hazardous Materials not stored, used, released or disposed of by Tenant or any Tenant Representative in accordance with applicable Laws, and normal wear and tear excepted), but not limited towith all Interior walls cleaned, replacing any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts not replaced and all roll-up doors and plumbing fixtures in good condition and working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tearorder, and repairs not required to be made by Tenant as expressly provided (b) in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damageaccordance with Section 27 hereof. Reasonable Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease, or any damage or deterioration due to or associated with unusually heavy floor loads or other unusual occupancy factors. Upon such On or before the expiration or earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s Property (defined below) and Tenant’s signage from the Permitted Improvements Premises and other portions of the Project, (ii) any Alterations Landlord may, by notice to Tenant given not later than ninety (90) days prior to the extent Landlord has notified Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required) as to Alterations made without Landlord’s consent, and if requested by Tenant in writing, writing at the time set forth Tenant requests Landlord’s consent to any Alterations requiring Landlord’s consent, by notice given to Tenant at the time Landlord consents to such Alterations, require Tenant, at Tenant’s expense, to remove, and Tenant shall repair any damage caused by all of such removal activities. Notwithstanding anything to the contrary contained in Section 11.1this Lease, that it will require Tenant shall not be obligated to remove the initial Tenant Improvements constructed pursuant to Exhibit B to this Lease Agreement, unless required in writing by Landlord at the time Landlord approves such removal), Tenant Improvements. “Tenant’s Property” means all tenant signageequipment, trade fixtures, non-attached fixtures, furniture, furnishings, equipmentall telephone, personal property, additionsdata, and other improvements cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may, after five (5) days’ notice from Landlord, be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Notwithstanding anything to the extent Landlord has notified Tenantcontrary contained herein, in writingTenant shall, prior to the time expiration of their installationthis Lease, as set forth aboveat Tenant’s expense and in compliance with the National Electric Code and other applicable Laws, remove all electronic, fiber, phone and data cabling and related equipment that Landlord will require such removal) unless Landlord reasonably requestshas been installed by or for the benefit of Tenant in or around the Premises (collectively, in writingthe “Cabling”); provided, that however, Tenant shall not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Cabling if Tenant or situated in or about the Premises. By the date which is forty-receives a written notice from Landlord at least forty- five (45) days prior to the expiration of the Lease authorizing such termination of this LeaseCabling to remain in place, Landlord in which event the Cabling shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from surrendered with the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease. In the event that Landlord does not so authorize the Cabling to remain in place and Tenant fails to remove the Cabling on or before the expiration or earlier termination of this Lease, Landlord may remove the Cabling, in which case Tenant shall pay Landlord for the actual cost incurred by Landlord therefor, (together with a three percent (3%) supervision/administration fee) within thirty (30) days after being billed for the same. All Alterations except those which Landlord requires Tenant to remove; shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all Claims (defined below) (x) arising from any delay by Tenant in so surrendering the Premises including, without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay and (y) suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant.

Appears in 1 contract

Samples: Lease Agreement (Proofpoint Inc)

Surrender of Premises. Upon On the last day, or earlier permitted termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the PremisesLease Term, Tenant will at once shall quit and surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord Premises in good and orderly condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required damage by fire or other casualty excepted), and shall deliver and surrender the Premises to be the Landlord peaceably, together with all alterations, additions and improvement in, to or on the Premises made by Tenant as expressly provided in this permitted under the Lease, or . Prior to the extent expiration of the Lease Term the Tenant shall remove all of its property, fixtures, equipment and trade fixtures from the Premises. All property not removed by Tenant shall be deemed abandoned by Tenant, and Landlord has actually received insurance proceeds for reserves the right to charge the reasonable cost of such casualty damage. Reasonable wear and tear shall not include any damage or deterioration removal to the floors of Tenant, which obligation shall survive the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of Lease termination and surrender hereinabove provided. Tenant shall be responsible to repair and/or replace any portion of the floors caused Premises damaged, or which may require restoration occasioned by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all such removal. If the Premises be not surrendered within sixty (60) days after the end of its obligations under this Lease. Upon such termination of this Leasethe Lease term, Tenant shall remove the Permitted Improvements (to the extent indemnify Landlord has notified against loss or liability resulting from such delay by Tenant in writingsurrendering the Premises, including, without limitation any claims made by any succeeding tenant founded on the delay, provided Tenant is given at the time set forth in Section 11.1, that it will require least 15 days notice of such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant's planned occupancy. Without limiting Tenant's liability as hereinabove referred to, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which event surrender is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused delayed by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause pay to Landlord a sum equal to one hundred twenty five (125%) percent of the removal Annual Basic Rent and 100% of such items the Additional Rent payable monthly prior to the expiration of the Lease Term, prorated per diem for the holdover term. All Annual Basic Rent and Additional Rent adjustments and executory covenants as in the repair Lease provided shall survive the Lease termination and surrender of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leasein accordance with their terms.

Appears in 1 contract

Samples: Lease Agreement (Computer Outsourcing Services Inc)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Interlink Electronics)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession expiration of the PremisesTerm, Tenant will at once shall surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition the Premises and repair (including, but not limited to, replacing all light bulbs tenant improvements and ballasts not in good working condition) alterations clean and in the same condition in which the Premises as existed as of at the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable ordinary wear and tear and Alterations which Tenant has the right or is obligated to remove under the provisions of ¶14. herein. Tenant shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (remove all personal property including, without limitation, any marks all wallpaper, paneling and other decorative improvements or stains fixtures and shall perform all restoration made necessary by the removal of any portion alterations or Tenant’s fixtures, furnishings, equipment and other personal property before the expiration of the floors caused by forklifts)Term, and including, for example, restoring all wall surfaces to their condition as of the Commencement Date. In any damage event, Tenant shall cause the following to be done prior to the expiration or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such the sooner termination of this Lease: (i) all interior walls shall be cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, Tenant marred, stained or nonconforming acoustical ceiling tile shall remove be replaced; (v) all exterior and interior windows shall be washed; (vi) the Permitted Improvements HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair as so certified by such firm; and (to vii) the extent Landlord has notified Tenant plumbing and electrical systems and lighting shall be placed in writinggood order and repair (including replacement of any burned out, at the time set forth in Section 11.1discolored or broken light bulbs, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed byballasts, or on behalf lenses). Landlord can elect to retain or dispose of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant any manner Tenant’s personal property not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination the expiration of this Lease, then the Term. Tenant shall remove waives all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the claims against Landlord for any damage to Tenant Improvements and those improvements resulting from Landlord’s retention or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf disposition of Tenant’s personal property. Tenant shall cause the be liable to Landlord for Landlord’s cost for storage, removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part disposal of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease’s personal property.

Appears in 1 contract

Samples: Lsi Logic Corp

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures Tenant Improvements (other than trade fixturesexclusive of portable elements of a raised floor HVAC system, cubicles and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached furniture, portable lighting, exercise equipment and other assets related to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior foregoing) (subject to the time last paragraph of their installation, that Landlord will require Tenant not to remove, to Landlord this SECTION 10.2) in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements which are not permanently affixed (subject to the extent Landlord has notified Tenant, in writing, prior to the time last paragraph of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixturesthis SECTION 10.2), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installationImprovements) installed in or about the Premises by, or on behalf of TenantTenant which are not permanently affixed (subject to the last paragraph of this SECTION 10.2). Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereofTenant and Landlord acknowledge that as of the Lease Date, and notwithstanding anything approximately 2 parking spaces per 1000 square feet of leasable area are located on the Premises. Landlord shall not unreasonably withhold its consent to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part construction of a parking ramp or other parking structure on the property at Tenant's trade fixtures sole cost and shall be removed from expense in compliance with (i) the requirements for construction of tenant improvements under this Lease and (ii) all applicable laws. Landlord and Tenant acknowledge and agree that as of termination or expiration of this Lease, and/or prior to any vacation of the Premises by Tenant, upon Landlord's request in Landlord's sole and absolute discretion (which request shall be made at least six (6) months prior to expiration of the Lease Term, except in case of default by Tenant upon or other early termination), Tenant shall remove all of the expiration or earlier termination Tenant Improvements and otherwise take such action as may be required to make the Premises suitable for a Class "A" warehouse use if Tenant has not caused additional parking to be provided on the Premises such that at least 3.5 parking spaces are available per 1000 square feet of this Leaseleasable area, but Landlord acknowledges that Tenant shall not be required to make the Premises suitable for a warehouse use if Tenant has caused additional parking to be provided on the Premises such that at least 3.5 parking spaces are available per 1000 square feet of leasable area.

Appears in 1 contract

Samples: Lease Agreement (New Ico Global Communications Holdings LTD)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession expiration of the PremisesTerm, Tenant will at once shall surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition the Premises and repair (including, but not limited to, replacing all light bulbs tenant improvements and ballasts not in good working condition) and alterations in the same condition in which the Premises as existed as of at the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable ordinary wear and tear and alterations which Tenant has the right or is obligated to remove under the provisions of ¶14. herein. Tenant shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (remove all personal property including, without limitation, any marks all wallpaper, paneling and other decorative improvements or stains fixtures and shall perform all restoration made necessary by the removal of any portion alterations or Tenant’s personal property before the expiration of the floors caused by forklifts)Term, and including, for example, restoring all wall surfaces to their condition as of the Commencement Date. In any damage event, Tenant shall cause the following to be done prior to the expiration or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, Tenant marred, stained or nonconforming acoustical ceiling tile shall remove be replaced; (v) all exterior and interior windows shall be washed; (vi) the Permitted Improvements HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair as so certified by such firm; and (to vii) the extent Landlord has notified Tenant plumbing and electrical systems and lighting shall be placed in writinggood order and repair (including replacement of any burned out, at the time set forth in Section 11.1discolored or broken light bulbs, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed byballasts, or on behalf lenses). Landlord can elect to retain or dispose of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant any manner Tenant’s personal property not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination the expiration of this Lease, then the Term. Tenant shall remove waives all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the claims against Landlord for any damage to Tenant Improvements and those improvements resulting from Landlord’s retention or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf disposition of Tenant’s personal property. Tenant shall cause the be liable to Landlord for Landlord’s cost for storage, removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part disposal of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease’s personal property.

Appears in 1 contract

Samples: Pixelworks Inc

Surrender of Premises. Upon the termination of this LeaseTenant shall, whether by forfeiture, lapse of time or otherwise, or upon the termination written request of Landlord, at least ninety (90) days before the last day of the Term arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant's right failure to possession arrange such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. At the end of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (Term or any renewal thereof or other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such sooner termination of this Lease, Tenant shall remove will peaceably deliver up to Landlord possession of the Permitted Improvements (Premises, together with all improvements or additions upon or belonging to the extent Landlord has notified Tenant in writingsame, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenantby whomsoever made, in writingthe same condition as received or first installed, prior to the time broom clean and free of their installationall debris, as set forth aboveordinary wear and tear and damage by fire, that Landlord will require such removal) unless Landlord reasonably requestsearthquake, in writing, that Tenant not remove some or all Act of such attached fixtures (other than trade fixtures), additions or improvements installed byGod, or on behalf of the elements alone excepted. Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such shall, upon termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other remove all non-attached improvements which Landlord shall require Tenant not to remove from the Premisesfixture items, including without limitation, movable partitions of less than full height previously installed by Tenant, at Tenant's sole cost and expense. Tenant shall repair is responsible for any damage caused by such removal. Property not removed shall be deemed abandoned by the installation or removal Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of such signssale. Upon request by Landlord, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove any or all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those permanent improvements or alterations not required additions to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenantinstalled by Tenant which were not approved by Landlord. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed indemnify Landlord against any loss or liability resulting from the Premises delay by Tenant upon in so surrendering the Premises, including without termination any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of this Lease shall survive the expiration or earlier termination of the Lease. Upon the expiration or earlier termination of the Lease, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary: (i) to repair and restore the Premises as provided herein; and (ii) to discharge Tenant's obligation for unpaid amounts due Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional incurred costs upon demand by Landlord, and any excess shall be returned to Tenant after all such obligations have been determined and satisfied. Any Security Deposit shall be credited against Tenant's obligations hereunder.

Appears in 1 contract

Samples: Sublease Agreement (Yardville National Bancorp)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements, excluding the improvements (to the extent Landlord has notified Tenantinstalled by Tenant in Exhibit J, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installationImprovements) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Surrender of Premises. Upon (a) At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in substantially the same condition as received, or first installed, subject to the terms of Paragraphs 6, 21 and 40, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20. Tenant may, upon the termination of this Lease, whether by forfeitureremove all movable furniture and equipment belonging to Tenant, lapse of time or otherwise, or upon the termination of at Tenant's right to possession sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of the Premisesan earlier termination, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures within five (other than trade fixtures, and other than any furniture bolted for earthquake purposes which 5) days of such earlier termination date) shall be deemed to be not attached abandoned by Tenant, and title to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior same shall thereupon pass to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this LeaseLandlord. Upon such expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord's election either (i) at Tenant's sole cost and expense, forthwith and with all due diligence remove any Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Alterations, Landlord shall advise Tenant at that time whether or not such Alterations must be removed upon the expiration or sooner termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of restore the Premises to be completed prior to such termination its original condition as of this Lease. For purposes hereofthe Delivery Date, and notwithstanding anything subject to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from foregoing; or (ii) pay Landlord the Premises by Tenant upon the expiration or earlier termination of this Leasereasonable estimated cost thereof.

Appears in 1 contract

Samples: Lease Agreement (Harmonic Inc)

Surrender of Premises. Upon At the termination of this Lease, whether by forfeiture, lapse of time expiration or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures)may, alterationsat Landlord’s election, additions and other non-attached improvements which Landlord shall require Tenant not to remove from demand the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by of all fixtures and improvements (including without limitation all Building improvements), or of certain fixtures or improvements or both, provided, however, that Tenant hereundershall not have any obligation to remove the initial Tenant Improvements generally described in Exhibit B; otherwise, Tenant shall surrender to Landlord the Premises and all alterations and additions thereto broom clean and in good order, repair and condition (except for ordinary wear and tear). If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signagepersonal property and trade fixtures prior to the expiration of the Term, alterationsincluding any signs, furniture, furnishings, trade fixtures, equipment, cabling notices and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed displays placed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause perform all reasonably necessary restoration, including, without limitation, restoration made reasonably necessary, by the removal of such items and the repair of the Premises to be completed Tenant’s personal property or trade fixtures prior to such the expiration or termination of this Lease. For purposes hereofTenant shall have no obligation to change the character of or possible uses for the Building. Landlord can elect to retain or dispose of, and notwithstanding anything in any manner, any alterations, utility installations, trade fixtures or personal property that Tenant is obligated to remove pursuant to the contrary contained herein, Tenant's racking terms of this Lease and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed does not remove from the Premises on expiration or termination of the Lease Term as allowed or required by this Lease. Title to any such alterations, utility installations, trade fixtures or personal property (which was not removed by Tenant upon the expiration or earlier termination of as required in this Lease) that Landlord elects to retain or dispose of on expiration of the Lease Term shall automatically vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations, utility installations, trade fixtures or personal property (not removed by Tenant as required in this Lease). Tenant shall be liable to Landlord for Landlord’s costs for storing, removing and disposing of any alterations, utility installations, trade fixtures or personal property that Tenant was required to remove under this Lease, and shall indemnify and hold Landlord harmless from the claim of any third party to an interest in such alterations, utility installations, trade fixtures or personal property.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Resonant Inc)

Surrender of Premises. Upon At the expiration of the Term or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon Tenant shall surrender the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, Premises to Landlord (a) in good condition and repair (includingdamage by acts of God, casualty, and normal wear and tear excepted), but not limited towith all interior walls cleaned, replacing any carpets cleaned, all floors cleaned and waxed, all non- working light bulbs and ballasts not replaced and all roll-up doors and plumbing fixtures in good condition and working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tearorder, and repairs not required to be made by Tenant as expressly provided (b) in this Lease, or to accordance with the extent Landlord has actually received insurance proceeds for such casualty damageprovisions of Section 27 hereof. Reasonable Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. Upon such On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Permitted Improvements Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has notified advised Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By time that the date which Tenant Improvements were constructed and installed in the Premises that Tenant is forty-five to remove all or portions of the items comprising the Tenant Improvements (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixturesthe "Removable TIs"), alterations, additions and other non-attached improvements which Landlord Tenant shall require Tenant not to remove from the PremisesRemovable TIs. Tenant shall repair any damage caused by the installation or such removal of such signsthe Tenant's Property, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items requested Alterations and the repair of the Premises to be completed prior to such termination of this LeaseRemovable TIs. For purposes hereof, the term “Tenant’s Property” shall mean and notwithstanding anything refer to the contrary contained hereinall equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant. Any of Tenant's racking and in-rack sprinkler systems Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and/or disposed of by Landlord (at Landlord’s sole discretion, unless otherwise required by law), at Xxxxxx's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to be part Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant's trade fixtures . All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall be removed from remain in the Premises by Tenant upon as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions; provided, however, such holding over shall not be construed or interpreted as an extension or renewal of this Lease and such holding over shall be deemed a holding over without Xxxxxxxx’s consent unless the Landlord otherwise consents in writing to such holding over. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Xxxxxx in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (SolarJuice Co., Ltd.)

Surrender of Premises. Upon the termination of this LeaseExpiration Date, whether by forfeiture, lapse of time or otherwisetermination, or upon Default of the termination of Lease in which Tenant's ’s right to possession of the Premisesis terminated, Tenant will at once shall surrender and vacate the Premises immediately and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, vacant possession to Landlord in good condition a clean, good, and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working tenantable condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable use and ordinary wear and tear, and repairs not required generally in the condition described on Exhibit H attached hereto. Movable trade fixtures and personal property shall be removed from the Premises if Tenant has fulfilled all Lease obligations, unless instructed otherwise by Landlord. All telephone, communication and data lines, cables, electrical equipment, HVAC or other upgrades owned, installed or caused to be installed by Tenant in the Premises or in the plenum of the Building shall not be removed by Tenant unless otherwise required by Landlord. Upon Tenant vacating the Premises, Tenant agrees at Landlord’s option to leave all wiring properly identified. All items authorized to be removed but subsequently not removed shall, at Landlord’s option but subject to Nevada law, be presumed to have been abandoned by Tenant, and title thereto shall pass to Landlord, or Landlord may, at its option, either store or dispose of these items at Tenant’s expense, and Tenant waives all Claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. If any Tenant-Made Alterations have been made by Tenant, with or without Landlord’s approval, Tenant as expressly provided in this Leaseshall, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear at its expense, and tear shall not include any damage or deterioration to the floors upon request of Landlord, restore the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premisesoriginal condition. Tenant shall repair any damage caused by the installation or removal of Tenant’s movable trade fixtures and personal property and such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions Tenant-Made Alterations upon surrender of the Premises; provided that if Tenant’s removal and improvements which are to be removed from restoration work would damage or otherwise affect the structure of the Premises by Tenant hereunder. If or the Building, Landlord fails may, at its option, elect to so notify Tenant perform such removal and restoration work, at least forty-five (45) days prior to such termination of this LeaseTenant’s sole cost and expense, then in which case Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by reimburse Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenanttherefor upon demand. Tenant shall cause the removal of such items and the repair of also deliver all keys for the Premises to be completed prior to such termination of this Lease. For purposes hereofas specified by Landlord, and notwithstanding anything to inform Landlord of all combinations on locks, safes and any vaults in the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this LeasePremises.

Appears in 1 contract

Samples: Mosaic Commerce Center Lease Agreement (Boxabl Inc.)

Surrender of Premises. Upon 73. The Tenant covenants to surrender the termination Premises, at the expiration of the tenancy created in this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the same condition in which as the Premises existed as were in upon delivery of the Commencement Datepossession under this Lease, except for reasonable wear and tear, damage by fire or the elements, and repairs not required unavoidable casualty excepted, and agrees to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds surrender all keys for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent The Landlord has notified Tenant in writing, at the time set forth in Section 11.1place then fixed for payment of rent and will inform the Landlord of all combinations to locks, that it will require such removal)safes and vaults, all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premisesif any. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), All alterations, additions and other non-improvements constructed or installed in the Premises and attached improvements which in any manner to the floor, wall or ceiling shall be surrendered with the Premises and will become the absolute property of the Landlord shall require except to the extent that the Landlord required removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to remove from the Premises) will, except to the extent the Landlord required to removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default without prejudice to any other tighter remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall repair will immediately remove all or part of the same and will make good any damage caused by to the Premises resulting from the installation or removal of such signsfixtures, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furniturefurnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furnitureadditions, furnishingsimprovements and fixtures without any liability and at the expense of the Tenant, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than which expense will immediately be paid by the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary Landlord. The Tenant’s obligation to observe or perform the covenants contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon in this Lease will survive the expiration or earlier other termination of the term of this Lease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Praetorian Group Inc.)

Surrender of Premises. Upon Tenant hereby agrees to vacate the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to Premises and surrender and deliver exclusive possession of the PremisesPremises to Landlord at any time during the period commencing on July 31, Tenant will at once surrender 2019 and deliver up ending on the Premises, together Termination Date in accordance with the attached fixtures (other than trade fixturesapplicable surrender provisions of the Lease; provided, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached however, that, notwithstanding anything to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and contrary set forth in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises Lease (including, without limitation, any marks or stains of any portion Section 21 of the floors caused by forkliftsOriginal Lease), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall not be required to remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removalA) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures)any alterations, additions or improvements installed bypreviously made to the Premises prior to the Effective Date, (B) the Lines, or on behalf of Tenant or situated in or about (C) the Premises. By Generator (the date on which Tenant so surrenders and delivers exclusive possession of the Premises to Landlord in accordance with this Agreement is forty-five (45) days prior referred to such termination as the "Surrender Date"). Without limiting the generality of this Leasethe foregoing, Landlord shall notify on or before the Surrender Date, Tenant in writing of those attached fixtures (other than trade fixtures)shall, alterationsat Tenant's sole cost and expense, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are cause to be removed from the Premises any and all furniture, trade fixtures and equipment, free-standing cabinet work, and, subject to the foregoing sentence, all other articles of personal property owned by Tenant hereunder. If Landlord fails to so notify or installed or placed by Tenant at least forty-five (45) days prior to its expense in the Premises, and such termination similar articles of this Leaseany other persons claiming under Tenant, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about deliver the Premises by, or on behalf of Tenantto Landlord in a broom-clean condition. Tenant shall cause immediately repair at its own expense all damage to the removal of such items Premises and the Building resulting from any such removal. If Tenant fails to complete such removal and/or repair of all damage to the Premises to and the Building caused by such removal, Landlord may (but shall not be completed prior to such termination of this Lease. For purposes hereofobligated to) do so, and notwithstanding anything may charge the reasonable and actual costs incurred by Landlord in connection therewith to the contrary contained hereinTenant, which costs shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's racking and in-rack sprinkler systems shall be deemed to be part receipt of Tenant's trade fixtures and shall be removed invoice therefor from the Premises by Tenant upon the expiration or earlier termination of this LeaseLandlord.

Appears in 1 contract

Samples: Lease Termination Agreement (Harmonic Inc)

Surrender of Premises. Upon On expiration of this Lease or within five days after the earlier termination of the Term, Tenant shall surrender to Landlord the Premises “broom clean” and “As Is” condition (subject, however, to Tenant’s compliance with all maintenance and repair obligations with respect to the Premises set forth in Section 7.1 of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable ordinary wear and tear, and repairs not required those items to be made repaired or maintained by Tenant Landlord as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions7.2 above, and other improvements (destruction to the extent Premises covered by Section 15. Tenant shall remove all its personal property and all Alterations required to be removed pursuant to Section 6.2 of this Lease within the above-stated time. Tenant shall perform all restoration made necessary by the removal by Tenant (or by Landlord has notified if Tenant fails to remove) of any Alterations or Tenant, in writing, prior to ’s personal property within the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, periods stated in writing, that this Section. In no event shall Tenant not be required to remove some or all of such attached fixtures (other than trade fixtures), additions or improvements any Cabling installed by, by or on behalf of Tenant (before or situated in or about after the PremisesLease Date). By the date which is forty-five Subject to applicable law, and after ten (4510) days prior written notice or such longer period as may be required by applicable law (and Tenant’s failure to act within such termination of this Leasenotice period), Landlord shall notify may elect to retain or dispose of in any manner any Alterations or any of Tenant’s personal property that Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant does not to remove from the PremisesPremises on expiration of this Lease or within five (5) days after the earlier termination of the Term as allowed or required by this Lease. Title to any such alterations or to any of Tenant’s personal property that Landlord elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations or any of Tenant’s personal property. Tenant shall repair be liable to Landlord for Landlord’s costs for storing, removing, and disposing of any damage caused by the installation such Alterations or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf any of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease’s personal property.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of the time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of the forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, additions and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requestsrequest, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions additions, and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by the Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Infiniti Solutions LTD)

Surrender of Premises. Upon 10.6.1 At the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession expiration of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, Term or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such earlier termination of this Lease, Tenant shall remove surrender the Permitted Improvements Premises to Landlord broom swept, in first-class condition and repair (to the extent Landlord has notified Tenant in writingdamage by acts of God, at the time set forth in Section 11.1casualty, that it will require such removaland normal wear and tear excepted), but with all tenant signageinterior walls, trade fixturesappliances, non-attached fixturescabinetry, furniture, furnishings, equipment, personal property, additionsexclusive use bathrooms and carpets and floors cleaned, and other improvements free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises for which Tenant is liable or responsible for pursuant to this Lease and released of all Hazardous Materials Permits (to the extent Landlord has notified Tenantcollectively, in writing, “Hazardous Materials Operations”). At least six (6) months prior to the time Expiration Date, Tenant shall deliver to Landlord a written description of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of the actions proposed to be taken by Tenant or situated required by any governmental authority in or about order to surrender the Premises. By the date which is forty-five Premises (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or including removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions any Specialty Alterations and improvements any other Tenant’s Property which are Tenant is obligated to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant remove) at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.the Term, free from any residual impact from the Hazardous Materials Operations and otherwise released for unrestricted use and occupancy (the “Surrender Plan”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf Tenant or any Tenant Party with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant, such approval not to be unreasonably withheld or delayed. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning the Hazardous Materials Operations as Landlord or Landlord’s mortgagee shall reasonably request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and

Appears in 1 contract

Samples: Neurocrine Biosciences Inc

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time expiration or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such sooner termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), surrender all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from keys for the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair exclusive possession of the Premises to be completed prior Landlord broom clean and in the condition and repair received and thereafter improved, excepting reasonable wear and tear, casualty damage which is not Tenant’s obligation to such termination of repair hereunder, and maintenance, repair, and replacement obligations that are Landlord’s express obligations under this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part with all of Tenant's trade fixtures ’s personal property, electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (other than those items installed in connection with the Tenant Improvements) and those items, if any, of Alterations identified by Landlord pursuant to Section 13.2, removed therefrom and all damage caused by such removal repaired. Notwithstanding the foregoing, Tenant shall not be removed from required to remove or restore the Premises by loading doors in the Premises, or any of the initial Landlord Improvements or Tenant upon Improvements at the expiration or earlier termination of this Lease. If Tenant fails to remove by the expiration or sooner termination of this Lease all of its personal property and Alterations identified by Landlord for removal pursuant to Section 13.2, Landlord may, (without liability to Tenant for loss thereof), at Tenant’s sole cost and in addition to Landlord’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days’ prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Xxxxxxxx’s attorneys’ fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

Surrender of Premises. Section 19.1. Upon the termination of this Lease, whether by forfeiture, lapse of time expiration or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such sooner termination of this Lease, Tenant shall remove surrender to Landlord the Permitted Improvements (to the extent Landlord has notified Tenant in writingDemised Premises, at the time set forth in Section 11.1including, that it will require such removal)without limitation, all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal propertycarpeting, additions, alterations, improvements, apparatus and other improvements (to the extent Landlord has notified Tenantfixtures, in writing, prior to the time of their installationgood and broom clean condition and repair, as set forth aboveaforesaid in Section 10.1 hereof; provided, that Landlord will require such removal) unless Landlord reasonably requests, in writinghowever, that Tenant (i) shall be required to remove unattached and moveable and trade fixtures and furniture and other personal property installed by Tenant and all Designated Alterations; and (ii) may be permitted to remove, upon written approval by Landlord, which approval shall not remove some or all of be unreasonably withheld, such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions additions, improvements and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused fixtures installed by the installation or removal of such signsTenant, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are removable without material damage to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this LeaseDemised Premises, then and, in each instance, Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling any Tenant's Work which has been designated in any notice from Landlord to Tenant in accordance with the provision of Section 5.11 and other lines of a non-standard nature, additions and other improvements (other than restore the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair affected portion of the Demised Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, their original condition at Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade expense.. Any unattached moveable fixtures and shall be furniture installed by Tenant not removed from the Premises by Tenant upon the expiration or sooner termination of the Lease as aforesaid for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter, at Tenant's sole cost and expense, cause such property to be removed from the Demised Premises. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination nor shall Landlord's retention or sale of such property waive any of Landlord's rights with respect to any default by Tenant under the foregoing provisions of this LeaseSection.

Appears in 1 contract

Samples: Lease Agreement (Immunomedics Inc)

Surrender of Premises. Upon All improvements to the Premises (collectively, "Leasehold Improvements" shall be owned by Landlord and shall remain upon the Premises with out compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant's right o possession, Tenant shall remove Tenant's Removable Property (defined below) from the Premises and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term "Tenant's Removable Property" shall mean (A) Cable installed by or for the benefit of Tenant and located in the Premises or other portions of the Building (B) any Leasehold improvements that are installed by or for the benefit of Tenant and, 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 ("Special Installations"); and (C) Tenant's personal property. Landlord shall within 10 Business Days after its receipt of (i) the Approved Construction Documents (as defined in the Work Letter attached hereto as Exhibit D) with respect to the Landlord Work, and (ii) the plans and specifications with respect to any Alterations, notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord's sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises . If Tenant fails to remove any of Tenant's Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 5 days after the termination of this Lease, whether by forfeiture, lapse of time Lease or otherwise, or upon the termination of Tenant's right to possession possession, Landlord, at Tenant's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant's Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's Removable Property. Tenant shall pay Landlord, upon demand, the Premisesexpenses and storage charges incurred for Tenant's Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant's Security Deposit maybe applied to offset Landlord's costs set forth in the preceding sentence. In addition, if Tenant will at once surrender and deliver up fails to remove Tenant's Removable Property from the PremisesPremises or storage, together with as the attached fixtures (other than trade fixturescase may be, within 30 days after written notice, Landlord may deem all or any part of Tenant's Removable Property to be abandoned, and other than title to Tenant's Removable Property (except with respect to any furniture bolted for earthquake purposes which Hazardous Material [defined in Article 30]) shall be deemed to be not attached immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant's Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord's prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and may remain in the condition in which Premises for up to 5 days after the Premises existed as Expiration Date for the sole purpose of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damageremoving Tenant's Removable Property. Reasonable wear and tear shall not include any damage or deterioration to the floors Tenant's possession of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion for such purpose shall be subject to all of the floors caused by forklifts), terms and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination conditions of this Lease, Tenant shall remove including the Permitted Improvements (obligation to the extent Landlord has notified Tenant in writing, pay Base Rent and Tenant's Pro Rata Share of Excess Operating Expenses on a per diem basis at the time set forth rate in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to effect for the extent Landlord has notified Tenant, in writing, last month of the Term. In the event this Lease is terminated prior to the time of their installationExpiration Date, as set forth above, that Tenant's Removable Property (except for Special Installations designated by Landlord will require such removal) unless Landlord reasonably requests, to remain in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the ) shall be removed by Tenant on or before such earlier date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premisestermination. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this LeaseRemovable Property.

Appears in 1 contract

Samples: Office Lease (Hallmark Financial Services Inc)

Surrender of Premises. Upon the termination No act by Landlord shall be deemed an acceptance of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession a surrender of the Premises, Tenant will at once and no agreement to accept a surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from shall be valid unless it is in writing and signed by Landlord. At the use of forklifts in, on expiration or about the Premises (including, without limitation, any marks or stains of any portion earlier termination of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination Term of this Lease, Tenant shall remove deliver to Landlord the Permitted Improvements Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, by Tenant or its employees or contractors, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additionswhich Sections 15 and 16 shall control) excepted, and other improvements (shall deliver to the extent Landlord has notified Tenant, in writing, prior all keys to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination Provided that Tenant has performed all of this Leaseits obligations hereunder, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to may remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, all unattached trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from personal property placed in the Premises or elsewhere in the Building by Tenant hereunder. If (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord fails to so notify Tenant or any wiring or cabling) Additionally, at least forty-five (45) days prior to such termination of this LeaseLandlord’s option, then Tenant shall remove all tenant signage, such alterations, furnitureadditions, furnishingsimprovements, trade fixtures, personal property, equipment, cabling wiring, cabling, and other lines of a non-standard naturefurniture as Landlord may request; however, additions and other improvements (other than the Tenant Improvements and those improvements or alterations shall not be required to be removed by Landlord at the time of installation) installed in remove any addition or about improvement to the Premises by, if Landlord has specifically agreed in writing that the improvement or on behalf of Tenantaddition in question need not be removed. Tenant shall cause the removal of repair all damage caused by such removal. All items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereofnot so removed shall, and notwithstanding anything to the contrary contained hereinat Landlord’s option, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord upon 10 days written notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the expiration or earlier termination security interest granted under Section 21. The provisions of this LeaseSection 22 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

Surrender of Premises. Upon the expiration of the Term, or sooner termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove quit and surrender to Landlord the Permitted Premises, broom clean, in good order and condition, normal wear and tear and damage by fire and other casualty excepted. All Premises Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade and other fixtures, non-attached fixturessuch as light fixtures and HVAC equipment, wall coverings, carpeting and drapes, and Tenant’s furniture, furnishings, fixtures and equipment, personal propertyin or serving the Premises, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements whether installed by, or on behalf of by Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this LeaseLandlord, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from ’s property during the Premises by Tenant upon Term. Upon the expiration or earlier termination of this Lease, such items shall become the property of Landlord and shall remain, all without compensation, allowance or credit to Tenant; provided that Tenant shall, at its expense, remove any Alterations required to be so removed by Landlord in any notice given at the time of approval of such Alterations in accordance with Article 5.C., and repair any damages to the Premises caused by such removal; and provided further that Tenant shall have the option to remove any specialty equipment, trade fixtures, and furniture, fixtures and equipment, and shall repair any damages to the Premises caused by such removal. Notwithstanding the foregoing, Tenant shall [***], except for any [***] by Tenant, and any [***] in the Premises for [***]. Notwithstanding the foregoing, Any property not removed shall be deemed to have been abandoned by Tenant and may be retained or disposed of by Landlord at Tenant’s expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant’s expense and Landlord shall not be liable for the value, preservation or safekeeping thereof. At Landlord’s option all or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without payment by Landlord.

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

Surrender of Premises. (a) Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once shall surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about vacate the Premises (including, without limitation, any marks or stains as to Roof Equipment and signage) immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, acts of any portion of the floors caused by forklifts)God, and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Leasecasualties, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writingcondemnation, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures Hazardous Materials (other than trade fixturesthose released by Tenant), additions Tenant Additions or other improvements installed by, or on behalf of which Tenant or situated in or about is not required to remove at the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, the Lease and damage caused by Landlord excepted. Under no condition shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not be required to remove from any of the initial Tenant Improvements constructed in the Premises. Tenant shall repair any damage caused by deliver to Landlord all keys to the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions Premises and improvements which are to be removed the Building. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures. Tenant shall be entitled to remove such Tenant Additions, which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Materials. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises and the Building. If any of the Tenant Additions which were installed by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination involved the lowering of this Leaseceilings, 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 or their installation, as the case may be. In the event Tenant shall fail to remove all tenant signagethose item described above, alterationsLandlord may (but shall not be obligated to), furnitureat Tenant's expense, furnishingsremove any of such property and store, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises bysell, or on behalf of Tenant. Tenant shall cause the removal of otherwise deal with such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises property as provided by Tenant upon the expiration or earlier termination of this Leaselaw.

Appears in 1 contract

Samples: Office Lease (Doubletwist Inc)

Surrender of Premises. Upon All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear, casualty loss and condemnation excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”); and (C) Tenant’s personal property. In connection with Tenant’s submission to Landlord of Tenant’s plans and specifications (or any changes to the plans and specifications) for any Leasehold Improvements (including any Alterations), Tenant may, in writing, inquire of Landlord whether any such Leasehold Improvements or Alterations, as applicable, described in the plans and specifications will constitute Special Installations (defined below). Landlord shall, within 10 Business Days after its receipt of a written request therefor from Tenant, notify Tenant in writing whether any Leasehold Improvements (including the Tenant Work, as defined below) or Alterations to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this Lease, whether by forfeiture, lapse of time Lease or otherwise, or upon the termination of Tenant's ’s right to possession possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, within 30 days after written notice, the Premisesexpenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant will at once surrender and deliver up fails to remove Tenant’s Removable Property from the PremisesPremises or storage, together with as the attached fixtures (other than trade fixturescase may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and other than title to Tenant’s Removable Property (except with respect to any furniture bolted for earthquake purposes which Hazardous Material [defined in Section 30]) shall be deemed to be not attached immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and may remain in the condition in which Premises for up to 5 days after the Premises existed as Expiration Date for the sole purpose of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damageremoving Tenant’s Removable Property. Reasonable wear and tear shall not include any damage or deterioration to the floors Tenant’s possession of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion for such purpose shall be subject to all of the floors caused by forklifts), terms and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination conditions of this Lease, Tenant shall remove including the Permitted Improvements (obligation to the extent Landlord has notified Tenant in writing, pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses on a per diem basis at the time set forth rate in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to effect for the extent Landlord has notified Tenant, in writing, last month of the Term. In the event this Lease is terminated prior to the time of their installationExpiration Date, as set forth above, that Tenant’s Removable Property (except for Special Installations designated by Landlord will require such removal) unless Landlord reasonably requests, to remain in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the ) shall be removed by Tenant on or before such earlier date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premisestermination. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease’s Removable Property.

Appears in 1 contract

Samples: Office Lease (GameFly Inc.)

Surrender of Premises. 22.01 Upon the expiration or other termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the PremisesTerm, Tenant will shall, at once surrender Tenant’s sole cost and expense, quit, surrender, vacate and deliver up the PremisesDemised Premises to Landlord broom clean and in good order, condition and repair except for ordinary wear, tear and damage by fire or other casualty and condemnation, together with the attached fixtures all Tenant Changes (other than trade fixturesexcept as otherwise provided for in this Lease and subject to Tenant’s obligation to remove any Specialty Alteration, Hazardous Materials and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached items pursuant to the Premises)terms hereof) and shall remove all Tenant’s Property therefrom. Tenant’s obligations pursuant to Section 22.01 shall apply to all space (herein, additions and improvements each “Early Expiration Space”) (a) as to which Landlord has notified Tenantexercised its right to cancel this Lease with respect to Recapture Space as provided in Section 8.04B hereof and (b) [***], that constituted Returned Space, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writingeach case, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this LeaseLease with respect to any such Early Expiration Space (as applicable, the “Early Expiration Date”). If Tenant fails timely to surrender to Landlord any Early Expiration Space, then the provisions of Section 22.02 shall apply with respect to the Early Expiration Space (with the Holdover Amount for use and occupancy payable with respect thereto being based upon the allocable portion of the Rent payable for such Early Expiration Space and references therein to (i) the “Demised Premises” being deemed to be the applicable Early Expiration Space and (ii) the Expiration Date or earlier termination of this Lease (or terms of similar import) shall mean the Early Expiration Date).

Appears in 1 contract

Samples: Datadog, Inc.

Surrender of Premises. Upon (a) At the termination end of this Lease, whether by forfeiture, lapse of time or otherwisethe Term, or upon the termination of Tenant's right to possession of the Premisesany renewal or extension thereof, Tenant will at once shall surrender and deliver up the PremisesPremises to Landlord, together with all alterations, additions, renovations and improvements thereto, in broom-clean condition and in good order and repair except for ordinary wear and tear and damages which Tenant is not obligated to repair hereunder and which Tenant or its servants, agents, employees, licensees or invitees has not caused, failing which Landlord may restore the attached fixtures (other than trade fixtures, Premises to such condition and other than any furniture bolted for earthquake purposes which Tenant shall be deemed to be pay the cost of said repair and restoration. If not attached then in default as to the Premises)payment of any Rent or Additional Rent due and owing hereunder, additions and improvements which Landlord has notified Tenant, in writing prior to Tenant shall have the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in right at the condition in which the Premises existed as end of the Commencement Date, except for reasonable wear Term to remove any personal property and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or trade fixtures to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth permitted in Section 11.112 hereof. Tenant's goods, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipmenteffects, personal property, additions, business and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions machinery and equipment not removed by Tenant at the expiration or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such other termination of this LeaseLease (or within forty-eight (48) hours after a termination by reason of Tenant's default) shall be considered abandoned and Landlord may dispose of the same as it deems expedient, but Tenant shall promptly reimburse Landlord shall notify Tenant for any expenses incurred by Landlord in writing connection therewith including without limitation the cost of those attached fixtures (other than trade fixtures), alterations, additions removal thereof and other non-attached improvements which Landlord shall require Tenant not to remove from the Premisesrepairing any damage occasioned by such removal. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from surrender the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair end of the Premises to be completed prior to such termination of this Lease. For purposes term hereof, without notice of any kind, and notwithstanding anything Tenant waives all right to the contrary contained herein, any such notice as may be provided under any laws now or hereafter in effect. Tenant's racking and in-rack sprinkler systems obligation to observe or perform this covenant shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon survive the expiration or earlier other termination of the Term of this Lease.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Inc)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to removeremove (the parties hereby agreeing that certain clean room trade fixtures and/or certain mechanical components thereof may be retained by Tenant, subject to review between Landlord and Tenant herein), to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove any items that are part of the Permitted Tenant Improvements (to the extent of which Landlord has notified Tenant in writingTenant, at the time set forth in Section 11.1of Tenant's installation of the Tenant Improvements, that it Landlord will require such removalbe removed by Tenant (the "Removed TI's"), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of any Removed TI's and such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installationImprovements) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Pri Automation Inc)

Surrender of Premises. Upon the expiration or termination of this Lease, whether by forfeiture, lapse of time Lease or otherwise, or upon the termination of Tenant's ’s right to of possession of the Premises, Tenant will at once shall surrender and vacate the Premises immediately and deliver up possession thereof to Landlord in a clean, good and leaseable condition, except for (i) damage not caused by the Premisesacts of Tenant, together with its agents, employees, contractors or invitees and (ii) ordinary wear and tear. Charges incurred by Landlord for removal of boxes and debris left in the attached fixtures (other than Premises which exceed normal janitorial costs shall be charged to Tenant. Movable trade fixtures, personal property and other than any furniture bolted for earthquake purposes which all telephone, communication and data lines and cables (collectively, “Telecommunication Equipment”) owned, installed or caused to be installed by Tenant in the Premises or elsewhere, shall be deemed to be not attached to the Premises)removed by Tenant in a good and workmanlike manner provided, additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationhowever, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage to the Premises or Building caused by such removal; except in the installation event the Premises was delivered to Tenant with existing Telecommunication Equipment, Tenant shall not be required to remove any Telecommunication Equipment upon expiration or removal termination of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are the Lease. All items authorized to be removed from the Premises but subsequently not removed shall, at Landlord’s option, be conclusively presumed to have been abandoned by Tenant, and title thereto shall pass to Landlord without any payment or credit, and Landlord may, at its option, either store or dispose of these items at Tenant’s expense. Except as otherwise noted herein, if any alterations or improvements are made by Tenant, with or without Landlord’s approval, Tenant hereunder. If Landlord fails to so notify Tenant will, at least forty-five (45) days prior to such termination of this Leaseits expense and upon request by Landlord, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of restore the Premises to be completed prior to such termination its original condition. Landlord will inform Tenant at time of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant plan approval whether Landlord will require removal upon the Lease expiration or earlier termination of this Leaseany alterations or improvements that Tenant desires to install.

Appears in 1 contract

Samples: Office Building Lease (GrubHub Inc.)

Surrender of Premises. Upon (a) At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in substantially the same condition as received, or first installed, subject to the terms of Paragraphs 7, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 21. Tenant may, upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon remove all movable furniture and equipment belonging to Tenant (including the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures telephone system (other than trade fixtureswiring, conduit and other than fiberoptic cabling), security system, demountable partitions, secretarial stations, cubicles, cabinets or shelving systems and kitchen equipment), at Tenant's sole cost, provided that Tenant repairs any furniture bolted for earthquake purposes which damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant, and title to the same shall thereupon pass to Landlord. Upon such expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove Alterations made by or for the account of Tenant that are designated by Landlord to be not attached to removed (provided, however, that upon the Premises), additions and improvements which Landlord has notified Tenant, in writing written request of Tenant prior to installation of any Alterations, Landlord shall advise Tenant at that time whether or not such specific Alterations must be removed upon the time expiration or sooner termination of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or and to the extent Landlord has actually received insurance proceeds for so agreed to allow such casualty damage. Reasonable wear and tear Tenant Improvements or Alterations to remain in the Premises, Tenant shall not include any damage or deterioration be obligated to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsremove such Alterations), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from restore the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five its original condition as of the Delivery Date (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than but with the Tenant Improvements and those improvements or alterations not required to be removed approved by Landlord at pursuant to the time Work Letter), subject to normal wear and tear, the rights of installation) installed in or about the Premises byand obligations of Tenant concerning casualty damage pursuant to Paragraph 21, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leaseforegoing.

Appears in 1 contract

Samples: Lease Agreement (Business Objects Sa)

Surrender of Premises. Upon On or before the termination of this Lease, whether by forfeiture, lapse of time or otherwisethe Lease Term, or upon the any termination of Tenant's ’s right to possession of the Premises, Tenant will at once shall surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, Premises to Landlord in good condition and repair (includingrepair, but not limited tonormal wear and tear excepted, replacing with all light bulbs interior walls, floors and ballasts not in good working condition) floor coverings cleaned, and otherwise in the condition in which the Premises existed as of the Commencement Date, except for reasonable required under this Paragraph 27. The term “normal wear and tear” does not, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not be deemed to, include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would could have been prevented through proper maintenance, or by proper maintenance by Tenant or Tenant otherwise performing Tenant’s full and timely performance of all of its obligations under this Lease. Upon On or before the expiration or sooner termination of the Lease Term (or such later date following any earlier termination of this LeaseLease as hereinafter provided), Tenant shall (a) remove (i) all of Tenant’s FF&E and phone and data cabling from the Permitted Improvements Project; (ii) all Specialized Alterations (with any portion of the Premises where Tenant installs fitness or gymnasium Specialized Alterations returned to “shell” condition), except those that Landlord has, if at all, confirmed in writing (within the time period hereinafter provided) shall be left in place; and any other Alterations that Landlord required in writing be removed at the time Landlord gave its consent thereto Pursuant to Paragraph 11.A; and (b) fully repair any damage to the Premises or other portions of the Project caused by the removal of any of the foregoing items. Landlord may, by written notice to Tenant given at any time at least nine (9) months prior to the Expiration Date (or, in the event of a termination of this Lease prior to the scheduled Expiration Date, at any time within thirty (30) days following written notice of such termination), confirm the obligation of Tenant to either remove or leave in place any or all Specialized Alterations, but failure to provide any such written notice shall not change any of Tenant’s obligations with respect to the removal of Tenant’s property and the other matters hereinabove provided in accordance with this Paragraph 27. Any of Tenant’s property not removed from the Project by Tenant as required herein shall be deemed abandoned and may be retained, used, stored, removed or disposed of by Landlord as Landlord sees fit in the exercise of its sole discretion, and Tenant waives all claims against Landlord resulting therefrom. Without limiting the generality of the foregoing, Tenant waives any of the rights and benefits under Civil Code Sections 1980-1993 relating to the disposition of abandoned personal property and agrees that title to any such personal property, free and clear of any liens, shall pass to Landlord upon written notice to Tenant of Landlord’s exercise of its right to retain any such personal property. Within ten (10) days following Landlord’s invoice therefor, Tenant shall reimburse Landlord for all costs incurred by Landlord in (x) storing, removing or disposing of any abandoned Tenant’s property; and (y) repairing any damage to the Premises or Project caused by Tenant, but only to the extent Landlord has notified the making of (or payment for) such repairs is the responsibility of Tenant in writingunder this Lease; and (z) removing any Tenant Improvements that Tenant was required to remove, at the time set forth in Section 11.1, that it will require and all repair and restoration work necessitated by such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant represents and warrants that no other person shall repair have any damage caused by the installation ownership or removal of such signsuse interest in Tenant’s FF&E, trade fixturesAlterations, furniture, furnishings, equipment, fixtures, additions Specialized Alterations and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair as of the Premises to be completed prior to such Expiration Date or sooner termination of this Lease. For purposes hereof, and notwithstanding anything Tenant shall surrender to Landlord all keys to the contrary contained herein, Premises and make known to Landlord the combination of all combination locks which Tenant is required to leave on the Premises. All Tenant's racking and in-rack sprinkler systems ’s obligations under this Paragraph 27 shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon survive the expiration or earlier sooner termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Slack Technologies, Inc.)

Surrender of Premises. Upon Any alterations, improvements or additions to --------------------- the Leased Premises made in accordance with Landlord's Work, as same may have been modified from time to time throughout construction of the Leased Premises shall remain upon the Leased Premises at the expiration or earlier termination of this LeaseLease and shall become the property of Landlord. Any alterations, whether by forfeiture, lapse improvements or additions to the Leased Premises made after substantial completion of time or otherwise, or the Leased Premises shall remain upon the termination of Tenant's right to possession of Leased Premises at the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, expiration or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such earlier termination of this LeaseLease and shall become the property of Landlord, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writingunless, Landlord, at the time set forth in Section 11.1of Landlord's approval of plans for same, that it will require shall have given written notice to Tenant to remove such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions improvements and other non-attached improvements which Landlord shall require Tenant not to remove from the Premisesadditions. In such event, Tenant shall repair any damage caused by the installation removal (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Premises to substantially the same condition in which it existed prior to the time that any such alterations, improvements or removal of additions were made. Should Tenant fail to remove any such signsalterations, trade fixturesimprovements or additions or to repair such damage when required by Landlord so to do pursuant to this Section 17, furnitureLandlord may do so, furnishings, equipment, fixtures, additions and improvements which are to the reasonable cost and expense thereof shall be removed from the Premises paid by Tenant hereunderto Landlord as Additional Rent. If Any personal property which shall remain in the Leased Premises or any part thereof after the expiration or earlier termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord fails to so notify as Landlord's property or may be disposed of in such manner as Landlord may see fit, provided that notwithstanding the foregoing Tenant at least forty-five shall, upon request of Landlord made no later then ten (4510) days prior to such after the expiration or earlier termination of this Lease, then promptly remove from the Building any such personal property at Tenant's own cost and expense. Should Tenant fail so to do, Landlord may do so, and the reasonable cost and expense thereof shall remove all tenant signagebe paid by Tenant to Landlord as Additional Rent. If such personal property or any part thereof shall be sold by Landlord, alterations, furniture, furnishings, trade fixtures, equipment, cabling Landlord may receive and other lines of a non-standard nature, additions and other improvements (other than retain the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal proceeds of such items and sale(s) as are necessary to reimburse Landlord for its expenses in connection with the repair disposal of such personal property, with the Premises remainder, if any, being delivered to be completed prior to such termination of Tenant forthwith. The covenants contained in this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems Section 17 shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Collagenex Pharmaceuticals Inc

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent unless Landlord has notified Tenantrequests, in writing, prior to writing at the time of their Landlord's delivery of its consent to such installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installationImprovements) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

Surrender of Premises. Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and Tenant shall remove all of its property pursuant to Article 3 hereof. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, whether by forfeiture, lapse a sum equal to three (3) times the aggregate of time or otherwise, or upon that portion of the termination Rent and the additional rent which was payable under this Lease during the last month of Tenant's right the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises, Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant will at once surrender and deliver up after the Premises, together with Expiration Date or sooner termination of the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which Term shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as other than on account of the Commencement Date, except for reasonable wear and tear, and repairs not required amount to be made paid by Tenant as expressly provided in this Lease, or to accordance with the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination provisions of this LeaseArticle 21, Tenant which provisions shall remove survive the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some Expiration Date or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier sooner termination of this Lease.

Appears in 1 contract

Samples: Agreement of Lease (Intralinks Inc)

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Surrender of Premises. Upon All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by casualty excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed for the benefit of Tenant’s use of the Premises and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”); and (C) Tenant’s personal property; provided, however, with regard to clauses (A) and (B), Tenant shall not be required to remove same unless (1) such items were installed after the Commencement Date, and (2) to the extent same required Landlord’s consent before installation, Landlord notified Tenant at the time of consent that Tenant would be required to remove them upon termination of this Lease. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within five (5) Business Days after the termination of this Lease, whether by forfeiture, lapse of time Lease or otherwise, or upon the termination of Tenant's ’s right to possession possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the Premisesreasonable expenses and storage charges incurred for Tenant’s Removable Property. In addition, if Tenant will at once surrender and deliver up fails to remove Tenant’s Removable Property from the PremisesPremises or storage, together with as the attached fixtures case may be, within thirty (other than trade fixtures30) days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and other than title to Tenant’s Removable Property (except with respect to any furniture bolted for earthquake purposes which Hazardous Material [defined in Article 30]) shall be deemed to be not attached immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least thirty (30) days in advance of the Expiration Date and which shall not be unreasonably withheld), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and may remain in the condition in which Premises for up to five (5) Business Days after the Premises existed as Expiration Date for the sole purpose of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damageremoving Tenant’s Removable Property. Reasonable wear and tear shall not include any damage or deterioration to the floors Tenant’s possession of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion for such purpose shall be subject to all of the floors caused by forklifts), terms and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination conditions of this Lease, Tenant shall remove including the Permitted Improvements (obligation to the extent Landlord has notified Tenant in writing, pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the time set forth rate in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to effect for the extent Landlord has notified Tenant, in writing, last month of the Term. In the event this Lease is terminated prior to the time of their installationExpiration Date, as set forth above, that Tenant’s Removable Property (except for Special Installations designated by Landlord will require such removal) unless Landlord reasonably requests, to remain in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the ) shall be removed by Tenant on or before such earlier date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premisestermination. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease’s Removable Property.

Appears in 1 contract

Samples: Office Lease (Pier 1 Imports Inc/De)

Surrender of Premises. Upon the expiration or sooner termination of this Leasethe Term hereof, whether Tenant shall, upon written demand by forfeitureLandlord, lapse of time or otherwiseat Tenant’s sole cost and expense, forthwith and with all due diligence, remove any and all alterations, additions, or improvements to the Premises made by Tenant which remain Tenant’s property as described beloware designated by Landlord to be removed, so that the Premises shall be surrendered upon the termination of Tenant's right to possession expiration of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and Lease in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required they were delivered to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require together with such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which to the Premises as Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to have designated be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such upon termination of this Lease. For purposes Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises and other portions of the Project caused by such removal or, if Landlord so requests, pay to Landlord Landlord’s reasonable estimate of the cost thereof. In addition, upon expiration or sooner termination of the Term hereof, Tenant shall remove its exterior sign and notwithstanding anything repair the parapet upon which such sign was erected, and pay to Landlord its reasonable estimate of the contrary contained hereinrevenue that will be lost from the Premises, and other consequential damages (if any) that Landlord may suffer as a result of such removal (or Tenant's racking and in-rack sprinkler systems shall be ’s failure to comply with the obligations undertaken by it as set forth in this Paragraph 10.3). The property described in Exhibit ?? is the type of property which is deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leasepersonal property which remain Tenant’s.

Appears in 1 contract

Samples: www.acc.com

Surrender of Premises. Upon The Tenant covenants to surrender the termination Premises, at the expiration of the tenancy created in this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the same condition in which as the Premises existed as were in upon delivery of the Commencement Datepossession under this Lease, except for reasonable wear and tear, damage by fire or the elements, and repairs not required unavoidable casualty excepted, and agrees to be made by Tenant as expressly provided in this Lease, or surrender all keys for the Premises to the extent Landlord has actually received insurance proceeds at the place then fixed for such casualty damagepayment of rent and will inform the Landlord of all combinations to locks, safes and vaults, if any. Reasonable wear All alterations, additions and tear shall not include improvements constructed or installed in the Premises and attached in any damage or deterioration manner to the floors of the Premises arising from the use of forklifts infloor, on walls or about the Premises (includingceiling, without limitation, including any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishingsleasehold improvements, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some floor covering or all of such attached fixtures (other than including trade fixtures), additions will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or improvements installed byif this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or on behalf of Tenant or situated not attached in or about any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than Notwithstanding that any trade fixtures), furnishings, alterations, additions additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of the same and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair will make good any damage caused by to the Premises resulting from the installation or removal of such signsfixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furniturefurnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furnitureadditions, furnishingsimprovements and fixtures without any liability and at the expense of the Tenant, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than which expense will immediately be paid by the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Landlord. The Tenant's racking and in-rack sprinkler systems shall be deemed obligation to be part of Tenant's trade fixtures and shall be removed from observe or perform the Premises by Tenant upon covenants contained in this Lease will survive the expiration or earlier other termination of this Leasethe Term.

Appears in 1 contract

Samples: Commercial Lease Agreement

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon Landlord at the expiration or earlier termination of this Lease in good order, condition and repair, reasonable wear and tear, Tenant’s Improvements, permitted Alterations and damage by casualty or condemnation excepted, and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. If Tenant does not surrender the Premises in accordance with this section, Tenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless Landlord from and against any Claims resulting from Tenant’s delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. Tenant will at such time remove all of its property from the Premises and, if Landlord so requires, all Alterations made by Tenant to the Premises (but only to the extent Landlord notified Tenant to remove such Alterations at the time Landlord approved the same, as more fully set forth herein). In no event shall Tenant be required to remove the initial Tenant’s Improvements at the expiration or earlier termination of the Lease. Further Tenant shall be entitled to remove, replace and substitute the following items from the Premises at any time during the term of this Lease: (i) all access and security systems and related gear and (ii) all other personal property of Tenant, including furniture, fixtures and equipment (collectively, the “Tenant Personalty”). Tenant will promptly repair any damage to the Premises caused by the removal of such Alterations and Tenant Personalty. All property of Tenant not removed on or before the last day of the Term (including the Tenant Personalty) is deemed abandoned.

Appears in 1 contract

Samples: Office Lease Agreement (Premiere Global Services, Inc.)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time Lease or otherwise, or upon the termination of Tenant's ’s right to possession of the PremisesPremises under this Lease, as the case may be, by expiration or otherwise, Tenant will at once shall surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, Premises to Landlord in as good condition and repair (includingas when delivered by Landlord, ordinary wear and tear and damage by insured fire and other insured casualty only excepted. To the extent required by Prime Landlord or Landlord, all alterations, additions, improvements and decorations made to the Premises by Tenant shall be removed by Tenant at the expiration or sooner termination of this Lease; provided, however, that if Prime Landlord does not require such removal then Landlord shall not require such removal. All alterations, additions, improvements and decorations made to the Premises by Tenant that are not removed by Tenant as required herein shall be deemed abandoned and, at Landlord’s option, become the property of Landlord, but without prejudice to Landlord’s continuing right to require Tenant to remove the same at Tenant’s expense. Any trade fixtures, equipment and personal property not limited toremoved by Tenant on or prior to any such termination date shall be deemed abandoned and shall, replacing all light bulbs and ballasts not in good working condition) and in at Landlord’s option, become the condition in which property of Landlord, but without prejudice to Landlord’s continuing right to require Tenant to remove the same at Tenant’s expense. The obligations of Tenant under this Section shall survive the expiration or early termination of this Lease or Tenant’s right to possession of the Premises existed under this Lease, as the case may be. Tenant shall not be required to remove any alterations, decorations, additions, or improvements performed by Landlord or existing prior to the Commencement Date or any Hazardous Materials existing prior to the Commencement Date; provided, however, if Landlord is required under or pursuant to the terms of the Prime Lease to remove any such alterations, decorations, additions, or improvements performed prior to the Commencement Date, except Tenant shall permit Landlord to enter the Premises upon reasonable prior notice for a reasonable wear and tearperiod of time (but in no event earlier than thirty (30) days) prior to the Termination Date for the purpose of removing such alterations, and repairs not required to be made by Tenant as expressly provided in this Leasedecorations, additions, or to the extent improvements; provided, however, that any such entry and removal by Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear hereunder shall (i) be coordinated with Tenant (and tear Landlord and Tenant shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsreasonably cooperate in connection therewith), and any damage (ii) be conducted in such a manner so as not to materially interfere with or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified disrupt Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by’s use of, or on behalf of Tenant or situated in or about business operations at, the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Sublease (Ooma Inc)

Surrender of Premises. Upon At the termination expiration of the Term of this Lease, whether by forfeiture, lapse of time Lease or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such earlier termination of this Lease, Tenant shall surrender the Premises together with all alterations placed thereon by Tenant (except Alterations Tenant elects to remove or Alterations Landlord, in the Permitted Improvements (to the extent Landlord has notified Tenant in writingexercise of reasonable discretion, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified informed Tenant, in writing, prior to connection with Landlord's approval of the time of their installation, as set forth aboveinstallation thereof, that Landlord will would require such removalTenant to remove upon the expiration of the Lease) unless Landlord reasonably requests, in writing, that Tenant not remove some or all the same condition as the same were in upon delivery of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf possession thereto at the Commencement Date of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination term of this Lease, reasonable wear and tear excepted, and shall surrender all keys to the Premises to Landlord at the place then fixed for the payment of Basic Rent and shall notify inform Landlord of all combinations on locks, safes and vaults, if any. Tenant in writing shall at such time remove all of those attached fixtures (other than trade fixtures), alterations, additions its property therefrom and other non-attached all alterations and improvements which placed thereon by Tenant unless Landlord shall require requires Tenant not to remove from leave the Premisessame. Tenant shall repair any damage to the Premises caused by such removal, and any and all such property not so removed shall, at Landlord's option, after five (5) business days notice to Tenant, become the installation exclusive property of Landlord or removal be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. If the Premises be not surrendered as above set forth, Tenant shall indemnify, protect, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claim made by any succeeding occupant founded on such signsdelay. All property of Tenant not removed within thirty (30) days after the last day of the Term of this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, trade fixturesat Tenant's cost, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed all property of Tenant from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five left thirty (4530) days prior to such or longer after termination of this LeaseLease and to cause its transportation and storage for Tenant's benefit, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time sole cost and risk of installation) installed Tenant and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leaseany manner in respect thereto.

Appears in 1 contract

Samples: Lease Agreement (Petco Animal Supplies Inc)

Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, whether by forfeitureas promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), lapse of time or otherwise, or upon the termination of Tenant's right Tenant shall surrender to possession of Landlord the Premises, including all improvements including Alterations constructed by Tenant will at once surrender therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and deliver up other Personal Property installed or placed on the PremisesPremises by Tenant) (collectively, together with the attached fixtures “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than trade fixturessubtenants under subleases as in effect on the respective Commencement Date) and in compliance with Laws (including, without limitation, Environmental Laws) and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in as good (or better) condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises as existed as of the Commencement Date, except for reasonable wear and teartear and damage from fire or other casualty excepted, and repairs not required to be made any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as expressly provided in this Leasewhen completed, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable reasonable wear and tear shall not include any and damage from fire or deterioration other casualty excepted. Without limitation to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writingforegoing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, least 90 days prior to the time expiration of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant the Term but not remove some or all of such attached fixtures (other more than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the respective Commencement Date, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this LeaseLease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to may remove such property from the PremisesPremises and have it stored at Tenant’s risk and expense. Tenant shall repair any and restore and save Landlord harmless from all damage to the Premises caused by the installation or such removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this LeaseLandlord.

Appears in 1 contract

Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the PremisesPremises to Landlord, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), all then existing additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except excepting for reasonable wear and tear, tear and repairs not required to be made damage by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damagecasualty. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to excluding the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removalinitial tenant improvements) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), furniture, furnishings, additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than fixtures, alterations, furniture, furnishings, trade fixtures), alterations, additions and other non-attached improvements (excluding the initial tenant improvements) which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, fixtures, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Shoe Pavilion Inc)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises)furnishings, additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except excepting for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), furniture, furnishings, additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. Notwithstanding the above, Tenant shall not be responsible to remove any of the Tenant Improvements installed as a part of Exhibit B to this Lease. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than fixtures, alterations, furniture, furnishings, trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five twenty (4520) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, fixtures, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Basic Lease (Ameriquest Technologies Inc)

Surrender of Premises. Upon (a) At the end of the Terra or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in substantially the same condition as received, or first installed, subject to the terms of Paragraphs 6, 21 and 40, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20. Tenant may, upon the termination of this Lease, whether remove all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by forfeituresuch removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, lapse within five (5) days of time or otherwise, or upon the such earlier termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which date) shall be deemed to be not attached abandoned by Tenant and title to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior same shall thereupon pass to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this LeaseLandlord. Upon such expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Alterations, Landlord shall advise Tenant at that time whether or not such Alterations must be removed upon the expiration or sooner termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of restore the Premises to be completed prior to such termination its original condition as of this Lease. For purposes hereofthe Delivery Date, and notwithstanding anything subject to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from foregoing; or (ii) pay Landlord the Premises by Tenant upon the expiration or earlier termination of this Leasereasonable estimated cost thereof.

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

Surrender of Premises. Upon (a) At the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession end of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (Term or any renewal thereof or other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such sooner termination of this Lease, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in the same condition as received, or first installed, subject to the terms of Sections 23 and 36, subject to Normal Wear and Tear and the rights and obligation of Tenant concerning casualty damage pursuant to Section 22, damage by fire, earthquake, Act of God, or the elements alone excepted, and subject to any items which are the obligation of Landlord to repair or replace pursuant to the terms of this Lease (provided, however, Landlord shall remove the Permitted Improvements (be entitled to charge Tenant for such repairs and replacements to the extent Landlord has notified provided in Section 3). Tenant in writingshall, at Tenant’s sole cost upon the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to expiration of the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some Term or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such sooner termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than remove all trade fixtures), alterationsequipment, additions IT/cabling, movable furniture, furniture partitions, furnishings, or other personal property belonging to Tenant and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removal. Property not so removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed abandoned by Tenant, and title to the same shall thereupon, at Landlord’s option, pass to Landlord. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to the provisions of Section 6, Tenant shall remove, at Tenant’s sole cost, any or all Alterations to the Premises installed by or at the expense of Tenant and all movable furniture and equipment belonging to Tenant which may be part left by Tenant and repair any damage resulting from such removal. Tenant’s Work up to the amount of Tenant Allowance shall become the property of Landlord upon the lien free completion of Tenant's trade fixtures ’s Work, and the balance of Tenant’s Work shall be removed from surrendered to and become the Premises by Tenant upon property of Landlord on the expiration Expiration Date or earlier sooner termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Synopsys Inc)

Surrender of Premises. Upon the termination of this LeaseAll Alterations, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixturesadditions, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about to the Premises (made or installed by or for Tenant, including, without limitation, any marks carpeting, cabinets, countertops, and sinks, shall be and remain the property of Tenant during the Term. Upon the expiration or stains of any portion sooner termination of the floors caused by forklifts)Term, all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and any damage title shall pass to Landlord under this Lease as by a bill of sale, subject to Section 19. The foregoing shall not apply to moveable equipment, trade fixtures, inventory, signs, personal property, furniture or deterioration that would have been prevented by proper maintenance other removable property which is owned or leased by Tenant (“Tenant’s Owned Property”). At the end of the Term or Tenant otherwise performing all any renewal of its obligations under this Lease. Upon such the Term or sooner termination of this Lease, Tenant shall will peaceably deliver up to Landlord possession of the Premises, together with all Alterations that Landlord does not require Tenant to remove by whomsoever made, in the Permitted Improvements same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear, subject to Section 19 above. Portions of the initial alterations installed as part of the Tenant Work, (to the extent Landlord has notified Tenant in writingi.e., Liebert units, computer rooms, auditoriums, laboratories, wiring, cabling, etc.), which are not Tenant’s Owned Property, shall, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additionselection of Landlord, and other improvements (subject to Section 19, either be removed by Tenant at its expense before the expiration of the term or shall remain upon the Premises and be surrendered therewith at the expiration date or earlier termination of this Lease as the property of Landlord without disturbance, molestation or injury. If Landlord requires the removal of all or part of said specialized Tenant improvements, Tenant, at its expense, shall repair any damage to the extent Landlord has notified Tenant, in writing, Premises or the Building caused by such removal and shall restore the Premises to its condition prior to the time installation of their installationsuch specialized Tenant improvements. If Tenant fails to remove said specialized Tenant improvements upon Landlord’s request, as set forth above, that then Landlord will require may (but shall not be obligated to) remove the same and the cost of such removal) unless , repair and restoration, together with any and all damages which Landlord reasonably requests, in writing, that Tenant not remove some or all may suffer and sustain by reason of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf the failure of Tenant or situated in or about to remove the Premisessame, shall be charged to Tenant and paid upon demand, such obligation to survive the expiration of the term. By the date which is forty-five (45) days prior to such Tenant must, at Tenant’s sole cost, remove upon termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, data/telecommunications cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed wiring installed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling, unless otherwise provided at the time Landlord approves the plans for such Alterations. All personal property not removed by Tenant shall cause be deemed abandoned by Xxxxxx and Landlord reserves the removal right, at its sole and absolute discretion, to dispose of the personality and to charge the reasonable cost of such removal to the Tenant, which obligation shall survive the Lease termination and surrender hereinabove provided. If the Premises are not surrendered at the end of the Lease term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Premises, and Tenant shall pay to Landlord for each month or a part thereof that Xxxxxx does not vacate or surrender the Premises after the end of the term, a sum equal to 150% of the Basic Rent for the month immediately prior to the end of the term together with all items of Additional Rent and other charges with respect to the repair Property or Premises payable by Tenant during the last Lease Year of the Term prorated on a per diem basis based upon the actual number of days of the Holdover Period. In addition, upon thirty (30) days written notice from Landlord to Tenant that Landlord requires surrender of the Premises to Landlord to prepare or deliver the same to any succeeding tenant or occupant, and the failure of Tenant to surrender the Premises within such thirty (30) days, Tenant be completed prior liable for and shall indemnify, defend and hold Landlord harmless from all direct, out-of-pocket loss, cost, claims, liability or expense (including reasonable attorneys’ fees) arising from Tenant’s holdover which results in the inability of Landlord to timely prepare and/or timely deliver space to a third party for its occupancy, including any claims made by any succeeding tenant due in whole or part to Tenant’s holdover and additional costs incurred by Landlord, such termination as overtime and premium payments to contractors for construction, and other direct damages. Notwithstanding anything contained in this Lease to the contrary, in no event shall Tenant be liable for special or consequential damages. The provisions of this LeaseSection 20 do not waive Landlord’s right of re-entry, eviction, or right to regain possession by actions of law or in equity, or any other rights or remedies and shall not be deemed a consent by Landlord to Tenant’s remaining in possession or be construed as creating or renewing any lease or right of Tenant between Landlord and Tenant. For purposes hereofNotwithstanding the foregoing, in the event Landlord and Tenant are conducting good faith negotiations to extend the Term or to enter into a new lease for the Premises, Tenant shall continue making all payments at one hundred percent (100%) of the Base Rent (including Additional Rent) payable as of the last month of the Term. Upon execution of an agreement to extend the Term or upon the execution of a new lease for the Premises, Tenant shall retroactively pay the increase in Base Rent, if any, as set forth in such agreement to extend the Term or new lease. In the event good faith negotiations between the parties cease, or in the event Landlord in Landlord’s sole discretion decides not to renew the Term, and notwithstanding anything if upon thirty (30) days notice from Land lord, Xxxxxx (or any party claiming under Xxxxxx) refuses to surrender the contrary contained hereinPremises to Landlord, Tenant's racking and in-rack sprinkler systems Landlord shall be deemed have the option to be part charge Tenant a sum equal to 150% of Tenant's trade fixtures and shall be removed Base Rent as set forth in above from the expiration of such thirty (30) day notice until such time as Landlord obtains possession of the Premises by Tenant upon the expiration or earlier termination of this Leasefrom Tenant.

Appears in 1 contract

Samples: Lease Agreement (Verde Clean Fuels, Inc.)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's ’s right to possession of the Premises, . Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements Improvements which Landlord has notified Tenant, agreed in writing prior to the time of their installation, that Landlord will require with Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified agreed with Tenant in writing, at the time set forth in Section 11.110.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified agreed with Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal,) unless Landlord reasonably requests, and Tenant agree in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord and Tenant shall notify Tenant agree in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails falls to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, Lease Agreement dated December 16, 2002. equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's ’s racking and in-rack sprinkler systems shall be deemed to be part of Tenant's ’s trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Renegy Holdings, Inc.)

Surrender of Premises. Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and Tenant shall remove all of its property pursuant to Article 3 hereof. Tenant's obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, whether by forfeiture, lapse a sum equal to two (2) times he aggregate of time or otherwise, or upon that portion of the termination Rent and the additional rent which was payable under this Lease during the last month of Tenant's right the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises, Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant will at once surrender and deliver up after the Premises, together with Expiration Date or sooner termination of the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which Term shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as other than on account of the Commencement Date, except for reasonable wear and tear, and repairs not required amount to be made paid by Tenant as expressly provided in this Lease, or to accordance with the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination provisions of this LeaseArticle 21, Tenant which provisions shall remove survive the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some Expiration Date or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier sooner termination of this Lease.

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

Surrender of Premises. Upon Xxxxxx agrees on the last day of the Lease Term, or on the sooner termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon to surrender the termination of Tenant's right to possession of the Premises, Tenant will at once surrender Premises promptly and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, peaceably to Landlord (i) in good condition and repair (includingdamage by Acts of God, but not limited tofire, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable normal wear and tear, casualty and repairs not required to be made by Tenant as expressly provided condemnation excepted) and (ii) in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damagebroom clean condition. Reasonable wear and tear shall not include any damage or deterioration to the floors All of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, ’s trade fixtures, furniture, furnishings, equipmentsupplies, fixtures, additions wall decorations and improvements which are other personal property (“Tenant’s Property”) and all Alterations (as defined below) shall remain unless Landlord required in the related Consent to be Alterations Agreement (defined in Paragraph 8 (Alterations and Additions)) and/or plans that any such Alteration(s) he removed from the Premises. Tenant shall be responsible for repairing any and all damage to the Premises by Tenant hereunderresulting from the installation and/or removal of such (i) Alterations and/or (ii) Tenant’s Property With respect to any communications wiring and cabling that remains, all such wiring and cabling shall be appropriately identified and marked at each end so that a subsequent user may reasonably determine the purpose of the same, and method of connecting such wiring and cabling for such subsequent user’s business. If Alteration(s) were installed that did not require Landlord fails consent at the time of installation and/or if Tenant failed to so notify obtain Landlord’s written Consent to Alterations Agreement (“Non-Consented Alterations”), then Tenant at least forty-five shall request in writing, no more than one hundred twenty (45120) days prior to the Lease Termination Date, but not less than sixty (60) days prior to the Lease Termination Date, that Landlord identify which of such Non-Consented Alterations Landlord desires Tenant to remove in which event Tenant shall be required to remove such Non-Consented Alterations and shall be responsible for repairing all damages to the Premises resulting from the installation and/or removal of said Non-Consented Alterations. Landlord shall respond to Xxxxxx’s request for Landlord’s consent for Xxxxxx’s pending alterations request in writing within thirty (30) days of receipt of a complete request package from Tenant as described in Paragraph 8 (Alterations and Additions) and if Landlord does not respond within said thirty (30) day period or does not require the removal of any applicable Alterations in said Consent to Alterations Agreement, Tenant shall not be required to remove the same. If Tenant does not remove any of such (i) Alterations required to be removed in the respective Consent to Alterations Agreement and/or (ii) any Non-Consented Alterations required by Landlord to be removed, then Landlord may, at Tenant’s sole cost and expense, remove and/or discard such Alterations and restore the Premises, and Tenant shall reimburse Landlord for any reasonable out-of-pocket costs and expenses incurred in removing and discarding such Alterations and restoring the Premises within thirty (30) days following Xxxxxxxx’s written statement therefore. As to any Alterations required to be removed by Tenant, Tenant shall restore the area to the condition existing prior to the installation and repair all damage caused by such installation and removal. If the Premises is not surrendered to Landlord in the condition required by this Paragraph 6 at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Xxxxxx’s Property and/or Alterations not so removed and make such repairs and replacements not so made or hire, at Xxxxxx’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable out-of-pocket costs and expenses that will be incurred by Landlord in returning the Premises to the required condition that shall be payable by Tenant to Landlord within thirty (30) days after receipt of a statement therefor from Landlord. If any personal property remains, or is left, at the Premises after the expiration or sooner termination of this Lease, then Landlord may, in its sole discretion, sell such personal property upon such terms and conditions as Landlord shall in its sole discretion decide. Landlord shall have all right, title and interest in and to all proceeds from said sale. Landlord may also discard, throw away or otherwise dispose of Single Tenant/Single Parcel Initial: [***] such personal property and Landlord shall have no liability to Tenant or any other third party regarding such personal property and in such event, Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling reimburse Landlord for the cost and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by expense Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leaseincurred related thereto.

Appears in 1 contract

Samples: Lease Agreement (CymaBay Therapeutics, Inc.)

Surrender of Premises. Upon At the expiration of the Term or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon Tenant shall surrender the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, Premises to Landlord (a) in good condition and repair (includingdamage by acts of God, casualty, and normal wear and tear excepted), but not limited towith all interior walls cleaned, replacing any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts not replaced and all roll-up doors and plumbing fixtures in good condition and working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tearorder, and repairs not required to be made by Tenant as expressly provided (b) in this Lease, or to accordance with the extent Landlord has actually received insurance proceeds for such casualty damageprovisions of Section 27 hereof. Reasonable Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. Upon such On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Permitted Improvements Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given at or about the time Tenant requests Landlord’s consent to an Alteration, require Tenant, at Tenant’s expense, to remove any or all such requested Alterations and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has notified advised Tenant in writing, at on or about the time set forth that the Tenant Improvements were constructed and installed in Section 11.1, the Premises that it will require such removalTenant is to remove all or portions of the items comprising the Tenant Improvements (the “Removable TIs”), all tenant signageTenant shall remove the Removable TIs. Notwithstanding the foregoing, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (Tenant shall not be obligated to remove any Alterations made to the extent Landlord has notified Tenant, in writing, Premises during its previous occupancy thereof prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination Commencement Date of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached Lease or any tenant improvements which Landlord shall require Tenant not to remove from the Premisesmade by Landlord. Tenant shall repair any damage caused by the installation or such removal of such signsthe Tenant’s Property, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items requested Alterations and the repair of the Premises to be completed prior to such termination of this LeaseRemovable TIs. For purposes hereof, the term “Tenant’s Property” shall mean and notwithstanding anything refer to the contrary contained hereinall equipment, trade fixtures, furnishings, inventories, goods and personal property of Tenant's racking and in-rack sprinkler systems . Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to be part Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant's trade fixtures . All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall be removed from remain in the Premises by Tenant upon as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses, and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Surrender of Premises. Upon On the termination last day of the term of this Lease, whether by forfeitureor on the sooner termination thereof, lapse of time or otherwise, or upon Lessee shall peaceably surrender the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord Premises in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in consistent with Lessee's duty to make repairs as herein provided. On or before the condition in which the Premises existed as last day of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of Lessee from the extent Landlord has actually received insurance proceeds Premises upon termination of this Lease at the sole cost and risk of Lessee, and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all costs and expenses of such casualty damageremoval. Reasonable Lessee shall leave the Premises in good order, condition and repair, reasonable wear and tear shall and damage from fire and other casualty not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts)Lessee excepted. Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or storage of abandoned property and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Leasewith respect to restoring said Premises to good order, condition and repair. Upon such termination of this LeaseAll improvements, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal propertyalterations, additions, installations and other improvements (to the extent Landlord has notified Tenantfixtures, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of TenantLessee's trade fixtures and equipment, which have been made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and shall be removed from surrendered with the Premises by Tenant upon as a part thereof, unless Lessee is required to remove same pursuant to the expiration or earlier termination provisions of this LeaseArticle VIII hereof. Lessee shall promptly surrender all keys for the Premises to Lessor at the place then fixed for the payment of rent and shall inform Lessor of the combinations of any vaults, locks and safes left on the Premises.

Appears in 1 contract

Samples: Office Lease (Jda Software Group Inc)

Surrender of Premises. Upon the expiration or termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right Tenant shall surrender to possession of Landlord the Premises, including all Alterations constructed by Tenant will at once surrender and deliver up the Premisestherein that Landlord has not requested that Tenant remove in accordance with Section 15 below, together with the attached all fixtures appurtenant thereto, (other than but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other than Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”) free and clear of any furniture bolted for earthquake purposes which shall be deemed occupants or tenancies (including subtenancies) and, subject to be not attached to the Premises), additions and improvements which Landlord has notified TenantSection 13, in writing prior to the time of their installationcompliance with Laws (including, that Landlord will require Tenant not to removewithout limitation, to Landlord Environmental Laws) and all Encumbrances and in as good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises as existed as of the Commencement Date, except for reasonable wear and teartear excepted, and repairs not required to be made any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as expressly provided in this Leasewhen completed, or reasonable wear and tear excepted. For the avoidance of doubt, to the extent Landlord has actually received insurance proceeds for there is a bank vault in the Premises, Tenant shall have no obligation to remove such casualty damagevault on surrendering the Premises. Reasonable wear and tear shall not include any damage or deterioration to At the floors end of the Premises arising from the use Term, all Alterations will belong to Landlord, unless they are Tenant’s Personal Property. Any of forklifts in, Tenant’s Personal Property installed or placed on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all any subtenant or assignee of its obligations under this Lease. Upon such Tenant, if not removed within thirty (30) days after termination or expiration of this LeaseLease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects, Tenant after five (5) business days prior written notice to Tenant. If Landlord shall remove the Permitted Improvements not so elect, Landlord, after five (5) business days prior written notice to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require may remove such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove property from the PremisesPremises and have it stored at Tenant’s risk and expense. Tenant shall repair any and restore and save Landlord harmless from all damage to the Premises caused by the installation or such removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this LeaseLandlord.

Appears in 1 contract

Samples: Absolute Lease Agreement (First Midwest Bancorp Inc)

Surrender of Premises. Upon Section 4.2 of the termination of this Lease is amended in relevant part to provide that, in the event Tenant constructs the Playground on the Leased Premises in accordance with the Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession or expiration of the Lease or the Term thereof (as it may be extended by any Renewal Terms), Landlord may purchase the Playground from Tenant at a price to be mutually agreed upon by the Parties, but in no event greater than the Playground’s fair market value. If Landlord elects to not purchase the Playground or the Parties are unable to agree upon the purchase price of the Playground, upon the termination or expiration of the Lease or the Term thereof, Tenant shall promptly remove the Playground and any and all site improvements constructed on the Leased Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of fencing, ground surfacing and paved pathways (collectively, the floors caused by forklifts“Site Improvements”), and any damage or deterioration restore the Leased Premises to substantially the same condition that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, existed prior to the time construction of their installationthe Playground. In the event Tenant fails to remove the Playground and Site Improvements, and restore the Leased Premises as provided herein, after thirty (30) days’ written notice from Landlord to Tenant, Landlord may (but shall have no obligation to) remove the Playground and Site Improvements, and restore the Leased Premises as provided herein, and bill the costs of such removal and restoration to Tenant, whereupon Tenant shall promptly reimburse Landlord for such costs. The provisions of Section 4.2 of the Lease, as set forth aboveamended hereby, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some shall survive the termination or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair expiration of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease

Surrender of Premises. Upon Subject to the terms of this Sublease relating to damage and destruction, upon expiration or termination of the Term of this LeaseSublease, whether by forfeiture, lapse of time or otherwiseotherwise (including any holdover period), or upon the termination Sublessee at its expense shall: (1) remove Sublessee's goods and effects and those of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixturesall persons claiming under Sublessee, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions (2) repair and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which restore the Premises existed to a condition as of the Commencement Dategood as received by Sublessee from Sublessor or as thereafter improved, except for reasonable wear and teartear excepted, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear (3) promptly and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about peacefully surrender the Premises (including, without limitation, any marks or stains including surrender of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures)alterations, additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunderSublessor or Sublessee, except Sublessee's trade fixtures that do not become part of the Building and any items identified in a writing signed by both parties prior to installation of the equipment or fixtures described therein). If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of Sublessee caused the Premises to be completed prior improved with other than ceiling suspension systems, ceiling, fluorescent light fixture, mechanical cooling, heating and ventilation unit covers, millwork detail, doors, door xxxxx, hardware or hard surface floor tile and base consistent with Sublessor's improvements to Floor Five existing on the date of this Sublease, then at Sublessor's option Sublessee shall pay Sublessor an amount equal to the cost to replace all such nonstandard items with building standard items. Any property left on the Premises after the expiration or termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems Lease Term shall be deemed to be part have been abandoned and the property of Tenant's trade fixtures Sublessor to dispose of as Sublessor deems expedient, and Sublessee shall be removed from liable for all costs associated with the Premises by Tenant upon the expiration or earlier termination disposal of this Leasesuch property.

Appears in 1 contract

Samples: Sublease (Nextel Partners Inc)

Surrender of Premises. Upon On or before the termination expiration of this Leasethe Term, whether by forfeiture, lapse of time or otherwise, or upon Tenant shall vacate the termination of Tenant's right to Premises in broom‑clean condition and otherwise in the same condition as existed on date possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed such space was delivered to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, ordinary wear and tear and fire and casualty loss excepted, except that any improvements made within or on the Premises by Tenant shall remain, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good same condition and repair (includingas when constructed or installed, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, tear and repairs not required to be fire and casualty loss excepted; provided that (A) if Tenant has made by Tenant as expressly provided in this Lease, any improvements or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage alterations within or deterioration to the floors of on the Premises arising from the use of forklifts in, on without Landlord’s prior written consent (or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsother prior written notice to Landlord), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, then Tenant shall remove any such improvements on or before the Permitted Improvements expiration of the Term if Landlord gives written notice to Tenant, at least thirty (30) days before the expiration of the Term, directing such removal, and (B) if Tenant has made any improvements or alterations within or on the Premises with Landlord’s prior written consent (or with other prior written notice to Landlord), then Tenant shall remove any such improvements on or before the extent expiration of the Term if Landlord has notified Tenant in writing, at the time set forth in Section 11.1Landlord consents to such improvements or alterations (or within thirty (30) days after Landlord receives other written notice of such improvements or alterations), that it will require such removal)improvements or alterations must be removed on or before the expiration of the Term. In addition, all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the PremisesPremises all Tenant’s personal property and trade fixtures in order that Landlord can repossess the Premises on the day this Lease or any extension hereof expires or is sooner terminated. Tenant Any removal of Tenant’s improvements, Tenant’s property and/or Tenant’s trade fixtures shall repair be accomplished in a manner which will minimize any damage caused or injury to the Premises, and any such damage or injury shall be repaired by the installation or removal of such signsTenant, trade fixturesat Tenant’s sole cost and expense, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five within thirty (4530) days prior to such termination of this Lease, then after Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than vacates the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this LeasePremises.

Appears in 1 contract

Samples: Lease Agreement (Inogen Inc)

Surrender of Premises. Upon On the last day of the Lease Term or upon the sooner termination of this Lease, whether Tenant shall, to the reasonable satisfaction of Landlord, surrender the Premises (excluding the HVAC units or system servicing the Building which shall be governed by forfeiturethe next sentence) to Landlord in the same condition as received (reasonable wear and tear excepted), lapse but subject to Tenant's obligation to remove certain Alterations as provided in Paragraph 13.2 above and surrender such other Alterations with the Premises as provided in the last sentence of time or otherwise, Paragraph 13.2. On the last day of the Lease Term or upon the sooner termination of this Lease, Tenant shall, to the reasonable satisfaction of Landlord surrender the air conditioning, ventilating and heating equipment (excluding the Older HVAC Units and any HVAC units that are not used by Tenant during the Lease Term) inspected, serviced and repaired by a reputable and licensed service firm. Tenant shall remove all of Tenant's right to possession of personal property and trade fixtures from the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which all property not so removed shall be deemed to be not attached abandoned by Tenant. Furthermore, Tenant shall immediately repair all damage to the Premises), additions Premises and improvements which Common Area caused by any such removal. Landlord has notified Tenant, agrees to give Tenant written notice if Tenant left any personal property in writing prior to the time Premises following the expiration or earlier termination of their installation, that Landlord will require Tenant the Lease Term. If the Premises are not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and so surrendered at Lease Termination in the condition required by this Paragraph 36, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from delay by Tenant in which so surrendering the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks claims made by any succeeding tenant or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (losses to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (due to the extent Landlord has notified Tenant, in writing, prior lost opportunities to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior lease to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leasesucceeding tenants.

Appears in 1 contract

Samples: Net Lease Agreement (Integrated Device Technology Inc)

Surrender of Premises. Upon the On expiration or sooner termination of this Leasethe --------------------- Term, whether by forfeiture, lapse of time or otherwise, or upon Tenant shall surrender to Landlord the termination of Leased Premises and all Tenant's right to possession of the Premisesimprovements and alterations, Tenant will at once surrender and deliver up the Premisesbroom clean, together with the attached fixtures (other than trade fixturesin good order, condition, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Daterepair, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable ordinary wear and tear or condemnation or destruction of the Leased Premises, and except for trade fixtures that Tenant has removed. Tenant shall not include any damage or deterioration also deliver to Landlord all keys to the floors of Leased Premises and the Premises arising combination to any safe, remove all its personal property, and make all repairs and reimbursements required pursuant to this Lease; provided, however, Tenant may not remove its personal property from the use Leased Premises without Landlord's prior written consent, if Tenant is in breach or default hereunder, but upon direction of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this LeaseLandlord, Tenant shall immediately remove such property in accordance with the Permitted Improvements (terms hereof. Landlord may elect to the extent Landlord has notified Tenant retain or dispose of in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, any manner any alterations or Tenant's personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, property that Tenant does not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premisespremises on expiration or termination of the Term. Title to any such alterations or Tenant's personal property that Landlord elects to retain or dispose of after expiration of the Term shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations or personal property. Tenant shall repair be liable to Landlord for Landlord's costs of storing, removing, and disposing of any damage caused by the installation alterations or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements Tenant's personal property which are Landlord does not elect to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenantacquire. Tenant shall cause be responsible for the cost of repairing any damage to the Premises in consequence of the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leasefixtures.

Appears in 1 contract

Samples: Deed of Lease (Comdial Corp)

Surrender of Premises. Upon At the expiration of the Term or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon Tenant shall surrender the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, Premises to Landlord (a) in good condition and repair (includingdamage by acts of God, casualty, and normal wear and tear excepted), but not limited towith all interior walls cleaned, replacing any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts not replaced and all roll-up doors and plumbing fixtures in good condition and working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tearorder, and repairs not required to be made by Tenant as expressly provided (b) in this Lease, or to accordance with the extent Landlord has actually received insurance proceeds for such casualty damageprovisions of Section 27 hereof. Reasonable Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. Upon such On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Permitted Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations (other than the Tenant Improvements and provided that Tenant will not be required to remove any Alterations as to which, at the time that Tenant requested permission or approval for making such Alterations, Tenant requested that Landlord indicate whether or not such Alterations would be required to be removed and Landlord indicated that such Alterations would not be required to be removed) and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has notified advised Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By time that the date which Tenant Improvements were constructed and installed in the Premises that Tenant is forty-five to remove all or portions of the items comprising the Tenant Improvements (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixturesthe "Removable Tls"), alterations, additions and other non-attached improvements which Landlord Tenant shall require Tenant not to remove from the PremisesRemovable Tls. Tenant shall repair any damage caused by the installation or such removal of such signsthe Tenant's Property, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items requested Alterations and the repair of the Premises to be completed prior to such termination of this LeaseRemovable Tls. For purposes hereof, and notwithstanding anything to the contrary contained herein, term "Tenant's racking Property" shall mean and in-rack sprinkler systems refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to be part Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant's trade fixtures . All Tenant Improvements and Alterations except those Alterations which Landlord requires Tenant to remove shall be removed from remain in the Premises by Tenant upon as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold Landlord and Landlord's Indemnitees (defined below) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Loudcloud Inc)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's ’s right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior pursuant to the time terms of their installationSection 10.1 hereof, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, tear casualty and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damagecondemnation. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forkliftsfloors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five twenty (4520) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenantimprovements. Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything In no event shall Tenant be obligated to remove the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed initial Tenant Improvements to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leaseconstructed pursuant to Exhibit B attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Synplicity Inc)

Surrender of Premises. (a) Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove surrender the Permitted Improvements (Premises to the extent Landlord has notified Tenant in writingLandlord, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additionsbroom clean, and other improvements (to the extent Landlord has notified Tenantin good order and condition, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some except for ordinary wear and tear and damage by Casualty or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the PremisesCondemnation. Tenant shall remove its machinery or equipment and repair any damage to the Premises caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenantremoval. Tenant shall cause the removal of such items and the repair not remove any power wiring or power panels, lighting or lighting fixtures, wall coverings, blinds or other window coverings, carpets or other floor coverings, or heaters or air conditioners, unless Landlord, by notice to Tenant, elects to have any of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything foregoing removed by Tenant (subject to the contrary contained hereinprovisions of Section 14(b) hereof), Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and in which event the same shall be removed from the Premises by Tenant upon prior to the expiration Expiration Date or earlier termination of the Term of this Lease, and Tenant shall repair any damage to the Premises due to such removal. All property of Tenant remaining on the Premises after Tenant’s surrender of the Premises shall be deemed abandoned and at Landlord’s election may either be retained by Landlord or may be removed from the Premises at Tenant’s expense. Tenant shall deliver to Landlord all keys to the Premises. Notwithstanding anything to the contrary contained herein (but subject to the provisions of Section 14(b)(i) hereof), in the event that the Premises are used by a subtenant or assignee (other than pursuant to a Permitted Transfer) for any purpose other than general office use in accordance with the terms hereof, upon the Expiration Date or earlier termination of the Term of this Lease, Tenant shall restore the Premises so as to cause the same to be in substantially the same condition as the Premises were upon Tenant’s completion of the Initial Work (including the substantially same ratio of office space to non-office space), reasonable wear and tear and damage from Casualty or Condemnation excepted.

Appears in 1 contract

Samples: Agreement of Lease (Kulicke & Soffa Industries Inc)

Surrender of Premises. Upon On the expiration date or sooner termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the PremisesTerm, Tenant will at once shall quit and surrender the Premises to Landlord, in broom-clean good condition and deliver up repair, reasonable wear and tear and damage by fire or casualty excepted, as well as all keys to the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises)all alterations, additions and improvements which Landlord has notified Tenantmay have been made in, in writing prior on or to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement DatePremises, except for reasonable wear (i) alterations, repairs, improvements and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or additions to the extent Landlord has actually received insurance proceeds required removal as provided in Paragraph 12, (ii) for such casualty damagethe Above Standard Improvements to the extent removable by Tenant pursuant to Paragraph 3 of this lease, and (iii) movable furniture and equipment, or unattached movable trade fixtures put in at the sole expense of Tenant. Reasonable wear and tear Landlord further agrees that Tenant shall not include be required to remove ordinary office partition walls or carpeting that may have been installed by Tenant in the Premises. In the event Landlord shall have so notified Tenant pursuant to Paragraph 12 hereof that it will require the removal of alterations, additions or improvements as set forth above, then Tenant, prior to the end of the Term, at its sole cost and expense, shall so restore the Premises, remove therefrom all of its movable property together with such alterations, additions and improvements, and fix and repair any and all damage or deterioration defacement to the floors Building and/or lands caused by the installation and/or removal of such alterations, additions, improvements, furniture, equipment, trade fixtures or any other property. Any or all of such property, alterations, additions or improvements requested by Landlord to be removed at the time of consent thereto (or, if no consent was required or obtained, as otherwise provided in Paragraph 12) and not so removed, at Landlord's option, shall become the exclusive property of Landlord or be disposed of by Landlord at Tenant's cost and expense, without further notice or demand. If the Premises arising from the use of forklifts inbe not surrendered as and when aforesaid, on Tenant shall indemnify Landlord against any damages, loss or about the Premises (liability resulting therefrom, including, without limitation, any marks or stains of claims made by any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations succeeding occupant founded on such delay. Tenant's obligation under this Lease. Upon such termination of this Lease, Tenant Paragraph shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon survive the expiration or earlier sooner termination of this Leasethe Term.

Appears in 1 contract

Samples: Agreement of Lease (Playtex Products Inc)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installationwriting, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except excepting for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon Exclusive of the Tenant Improvements agreed to in Exhibit B of this Lease, upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), furniture, furnishings, additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five one hundred eighty (45180) days prior to such termination of this LeaseLease or upon construction of any such improvements, Landlord shall notify Tenant in writing of those attached fixtures (other than fixtures, alterations, furniture, furnishings, trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five one hundred eighty (45180) days prior to such termination of this Lease, then Tenant shall not be required to remove all any tenant signage, fixtures, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause ensure that the removal of such items and the repair of the Premises to will be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Natrol Inc)

Surrender of Premises. Upon All improvements to the Premises (collectively, “Leasehold Improvement”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or eariler termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”); and (C) Tenant’s personal property. Landlord shall, within 10 Business Days after its receipt of a written request therefor from Tenant, notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s solo discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant falls to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this Lease, whether by forfeiture, lapse of time Lease or otherwise, or upon the termination of Tenant's ’s right to possession possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the Premisesexpenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant will at once surrender and deliver up fails to remove Tenant’s Removable Property from the PremisesPremises or storage, together with as the attached fixtures (other than trade fixturescase may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and other than title to Tenant’s Removable Property (except with respect to any furniture bolted for earthquake purposes which Hazardous Material [defined in Article 30]) shall be deemed to be not attached immediately vested .in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require . Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and may remain in the condition in which Premises for up to 5 days after the Premises existed as Expiration Date for the sole purpose of the Commencement Dateremoving Tenant’s Removable Property, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors Tenant’s possession of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion for such purpose shall be subject to all of the floors caused by forklifts), terms and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination conditions of this Lease, Tenant shall remove including the Permitted Improvements (obligation to the extent Landlord has notified Tenant in writing, pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the time set forth rate in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to effect for the extent Landlord has notified Tenant, in writing, last month of the Term. In the event this Lease is terminated prior to the time of their installationExpiration Date, as set forth above, that Tenant’s Removable Property (except for Special Installations designated by Landlord will require such removal) unless Landlord reasonably requests, to remain in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the ) shall be removed by Tenant on or before such earlier date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premisestermination. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease’s Removable Property.

Appears in 1 contract

Samples: Sublease Agreement (Tropicana Entertainment Inc.)

Surrender of Premises. Upon On the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the PremisesExpiration Date, Tenant will at once shall quit and surrender and deliver up the Premises, Demised Premises together with the attached all alterations, fixtures (other than except trade fixtures, it being understood that, if Tenant removes trade fixtures, Tenant shall exercise reasonable care in doing so, and other than any furniture bolted for earthquake purposes which the Demised Premises shall be deemed to be not attached restored to the Premisescondition it was in prior to the installation of the trade fixtures, reasonable wear and tear excepted), installations, additions and improvements which may have been made in, annexed or otherwise attached thereto, broom clean, and in good condition and repair, ordinary wear and tear excepted, and except for damage by fire or other casualty which Landlord has notified Tenantis required to repair hereunder, unless Landlord provides otherwise in writing. Notwithstanding anything contained in this Lease, unless otherwise requested by Landlord to Tenant in writing prior to the time end of their installationthe Term, that Landlord will require Tenant not to removeshall be required, on or before the end of the Term and at Tenant’s cost and expense, to Landlord remove all Atypical Alterations (as defined in good below) made in connection with the initial Tenant Work for any of the Demised Premises and to restore such portion of the Demised Premises affected by such Atypical Alterations, and the removal thereof, to the condition prior to such initial Tenant Work and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and otherwise in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such Any personal property of Tenant, or any subtenant or occupant, which shall remain in or on the Demised Premises later than 15 days after the termination of this LeaseLease (except if the Lease is terminating on the natural expiration of the Term or pursuant to Section 4.03 hereof, Tenant in which case such 15 day grace period shall remove not be applicable) and the Permitted Improvements (to removal of such Tenant, subtenant or occupant from the extent Landlord has notified Tenant in writingDemised Premises, may, at the time set forth in Section 11.1option of Landlord and without notice, that it will require be deemed to have been abandoned by such removal)Tenant, all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additionssubtenant or occupant, and other improvements (to the extent may either be retained by Landlord has notified Tenantas its property or be disposed of, without accountability, in writingsuch manner as Landlord may see fit. Tenant shall reimburse Landlord for any cost or expense incurred by Landlord in carrying out the foregoing which obligation shall survive the Expiration Date. Landlord shall not be responsible for any loss or damage occurring to any such property owned by Tenant or any subtenant or occupant. An “Atypical Alteration” means, prior to the time of their installationcollectively, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures)any alterations, additions or improvements installed by, or on behalf of Tenant or situated in or about to the Premises. By the date Demised Premises which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), are not typical alterations, additions or improvements found in similar, Class A office buildings occupied by more than one tenant, including by way of illustration only and other non-attached improvements not of limitation, (i) any wet laboratories or (ii) anything which Landlord shall require Tenant not to remove from could materially adversely affect the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) Xxxxxxxxx underfloor duct system installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this LeaseBuilding.

Appears in 1 contract

Samples: Lease (Authentidate Holding Corp)

Surrender of Premises. Upon (a) At the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession end of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (Term or any renewal thereof or other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such sooner termination of this Lease, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in the same condition as received, or first installed, subject to the terms of Sections 23 and 36, subject to Normal Wear and Tear and the rights and obligation of Tenant concerning casualty damage pursuant to Section 22, damage by fire, earthquake, Act of God, or the elements alone excepted, and subject to any items which are the obligation of Landlord to repair or replace pursuant to the terms of this Lease (provided, however, Landlord shall remove the Permitted Improvements (be entitled to charge Tenant for such repairs and replacements to the extent Landlord has notified provided in Section 3). Tenant in writingshall, at Tenant’s sole cost upon the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to expiration of the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some Term or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such sooner termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than remove all trade fixtures), alterationsequipment, additions IT/cabling, movable furniture, furniture partitions, furnishings, signage, supplies, wall decorations, placards or other personal property belonging to Tenant and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removal. Property not so removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed abandoned by Tenant, and title to be part the same shall thereupon, at Landlord’s option, pass to Landlord. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to the provisions of Section 6, Tenant shall remove, at Tenant’s sole cost, any or all Alterations to the Premises installed by or at the expense of Tenant and repair any damage resulting from such removal. Tenant’s Work up to the amount of Tenant Allowance shall become the property of Landlord upon the lien free completion of Tenant's trade fixtures ’s Work, and the balance of Tenant’s Work shall be removed from surrendered to and become the Premises by Tenant upon property of Landlord on the expiration Expiration Date or earlier sooner termination of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (PubMatic, Inc.)

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the PremisesTermination Date, Tenant will at once shall surrender and vacate the Premises immediately and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, possession thereof to Landlord in a clean, good condition and repair (includingtenantable condition, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable ordinary wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this LeaseLandlord excepted. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (deliver to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (keys to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by remove from the installation or removal Premises all movable personal property of such signs, Tenant and Tenant’s trade fixtures, furnitureincluding, furnishingssubject to Section 6.03, equipment, fixtures, additions cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and improvements which are to Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination involved the lowering of this Leaseceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines also be obligated to return such surfaces to their condition prior to the commencement of a non-standard nature, additions and other improvements (other than the this Lease. Tenant Improvements and those improvements or alterations not shall also be required to be removed close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Article 12 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of installation) installed Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in or about the Premises byany event, or on behalf of Tenant. Tenant shall cause the Landlord may require removal of such items any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the repair 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 completed prior to obligated to), at Tenant’s expense, remove any of such termination of this Lease. For purposes hereofproperty and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and notwithstanding anything to the contrary contained hereinundertake, at Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration ’s expense, such restoration work as Landlord deems necessary or earlier termination of this Leaseadvisable.

Appears in 1 contract

Samples: Workletter Agreement (Modular Medical, Inc.)

Surrender of Premises. Upon The Tenant covenants to surrender the termination Premises, at the expiration of the tenancy created in this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the same condition in which as the Premises existed as were in upon delivery of the Commencement Datepossession under this Lease, except for reasonable wear and tear, damage by fire or the elements, and repairs not required unavoidable casualty excepted, and agrees to be made by Tenant as expressly provided in this Lease, or surrender all keys for the Premises to the extent Landlord has actually received insurance proceeds at the place then fixed for such casualty damagepayment of rent and will inform the Landlord of all combinations to locks, safes and vaults, if any. Reasonable wear All alterations, additions and tear shall not include improvements constructed or installed in the Premises and attached in any damage or deterioration manner to the floors of the Premises arising from the use of forklifts infloor, on walls or about the Premises (includingceiling, without limitation, including any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishingsleasehold improvements, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some floor covering or all of such attached fixtures (other than including trade fixtures), additions will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or improvements installed byif this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or on behalf of Tenant or situated not attached in or about any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than Notwithstanding that any trade fixtures), furnishings, alterations, additions additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of the same and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair will make good any damage caused by to the Premises resulting from the installation or removal of such signsfixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furniturefurnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furnitureadditions, furnishingsimprovements and fixtures without any liability and at the expense of the Tenant, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than which expense will immediately be paid by the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Landlord. The Tenant's racking and in-rack sprinkler systems shall be deemed obligation to be part of Tenant's trade fixtures and shall be removed from observe or perform the Premises by Tenant upon covenants contained in this Lease will survive the expiration or earlier other termination of this Leasethe Term. Hazardous Materials The Tenant will not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company.

Appears in 1 contract

Samples: Commercial Lease Agreement

Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon Landlord at the expiration or earlier termination of this LeaseLease in good order, condition and repair, reasonable wear and tear, permitted Alterations (except for Structural Alterations or Non-Customary Office Improvements which Landlord identified when initially approved as such and has required that Tenant via written notice at time of expiration remove) and damage by casualty or condemnation excepted, and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its equipment, furnishings, personal property and machinery from the Premises and, if Landlord so requires, all specified Alterations and improvements, including Non-Customary Office Improvements identified when initially approved as such in accordance with Section 8.1, Tenant placed on the Premises. Tenant will not be required to remove any cabling or low voltage wiring in the Premises. In addition, at Landlord’s option, exercised by delivery of written notice no later than three (3) months prior to the expiration of the Term, Tenant will remove any Alterations Tenant constructs in violation of Article 8 of this Lease prior to the expiration or earlier termination of this Lease if said Alterations are subject to removal under this Lease as Non-Customary Office Improvements. Tenant will promptly repair any damage to the Premises caused by such removal. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and reasonable expense, all of such abandoned property from the Premises and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Paylocity Holding Corp)

Surrender of Premises. Upon (a) At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord , by whomsoever made, in substantially the same condition as received, or first installed, subject to the terms of Paragraphs 6, 21 and 41, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20. Tenant may, upon the termination of this Lease, whether remove all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by forfeituresuch removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, lapse within five (5) days of time or otherwise, or upon the such earlier termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which date) shall be deemed to be not attached abandoned by Tenant, and title to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior same shall thereupon pass to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this LeaseLandlord. Upon such expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Alterations, Landlord shall advise Tenant at that time whether or not such Alterations must be removed upon the expiration or sooner termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of restore the Premises to be completed prior to such termination its original condition as of this Lease. For purposes hereofthe Delivery Date, and notwithstanding anything subject to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from foregoing; or (ii) pay Landlord the Premises by Tenant upon the expiration or earlier termination of this Leasereasonable estimated cost thereof.

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

Surrender of Premises. Upon the termination expiration of this Lease for any reason, all fixtures, equipment, improvements and appurtenances attached to or built into the Premises in such a manner as to become part of the freehold, whether or not by or at the expense of Tenant, shall become and remain a part of and be surrendered with the Premises, except that Landlord may elect to require Tenant, at Tenant's expense, to remove any or all of such fixtures, equipment, improvements and appurtenances, and Tenant shall restore the Premises to as good condition as existed on the Commencement Date subject to the conditions and terms previously set forth in Section 14. Any furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises, shall be and shall remain the property of Tenant and may be removed by it any time during the term of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination ; provided that if any of Tenant's right property is removed, Tenant shall repair or pay the cost of repairing any damage to possession the Premises resulting from such removal. Within Five (5) business days of Tenant’s surrendering the Premises, Landlord can elect to retain or depose of in any manner any alterations or Tenant's fixtures that Tenant will does not move from the Premises on expiration or termination of the term as allowed or required by this Lease by giving at once least Thirty (30) days' notice to Tenant. Title to any such alterations or Tenant's fixtures that Landlord elects to retain or dispose of on expiration of the Thirty (30) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations or Tenant's fixtures. Tenant shall be liable to Landlord for Landlord's costs for storing, removing, and disposing of any of Tenant's personal property, and for Landlord's costs for repairing any damage to the Premises occasioned by such removals. If Tenant fails to surrender and deliver up the Premises to Landlord upon the expiration or termination of the term as required by this Section, Tenant shall hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused claims made by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leasesucceeding tenant.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Premises. Upon At the expiration or sooner termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination term of this Lease, Tenant shall remove surrender the Permitted Improvements Premises (including the Equipment) in as good a condition as exists as of the date hereof (reasonable wear and tear excepted, and subject to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removalSections 13 and 14), and shall surrender all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, keys for the Premises to Landlord and other improvements (otherwise provide such information as is reasonably necessary to effectuate an efficient transition of the extent Landlord has notified Tenant, in writing, prior to the time operation of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall at such time remove all Tenant’s Property, if requested to do so by Landlord, and shall repair any damage to the Premises caused by the installation thereby, and any or removal all of such signsproperty not so removed shall, trade fixturesat Landlord’s option, furniturebecome the exclusive property of Landlord or be disposed of by Landlord, furnishingsat Tenant’s cost and expense, equipment, fixtures, additions without further notice to or demand upon Tenant. If Tenant shall fail to vacate and improvements which are to be removed from surrender the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease as required above, then, throughout the period commencing on such expiration or earlier termination and continuing until Tenant shall so fully vacate and surrender the Premises (such period being herein called the “Holdover Period”), Tenant shall be deemed a holdover tenant and shall be liable to Landlord for Rent, or a charge in respect of use and occupancy, at a per diem rate, for each day of the Holdover Period, equal to (1) during the first 60 days of any such holdover, 150% of the average per diem rate of Base Rent and any additional rent payable by Tenant during the last month of the term hereof, and (2) for the balance of such holdover, 150% of the greater of (x) the average per diem rate of Base Rent and any additional rent payable by Tenant during the last month of the term hereof, and (y) the per diem fair market rental value of the Premises at the time in question. In addition to the foregoing, if the Premises are not surrendered as and when described above, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay, provided that Landlord shall have notified Tenant in writing that the Premises have been leased to another person or entity and Tenant fails to vacate the Premises within thirty (30) days of receipt of such notice. Nothing herein shall be deemed to grant Tenant any right to holdover, and in no event shall the acceptance of any Rent preclude Landlord from commencing and prosecuting any holdover or eviction proceeding. The provisions of this Section 22 shall survive the expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: Lease (Credence Systems Corp)

Surrender of Premises. Upon At the expiration of the Term or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon Tenant shall surrender the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and improvements which Landlord has notified Tenant, in writing prior to the time of their installation, that Landlord will require Tenant not to remove, Premises to Landlord (a) in good condition and repair (includingdamage by acts of God, casualty, condemnation, Landlord's gross negligence or willful misconduct and normal wear and tear excepted), but not limited towith all interior walls cleaned, replacing any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts not replaced and all roll-up doors and plumbing fixtures in good condition and working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tearorder, and repairs not required to be made by Tenant as expressly provided in this Lease, or to (b) In accordance with the extent Landlord has actually received insurance proceeds for such casualty damageprovisions of Section 27 hereof. Reasonable Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. Upon such On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Permitted Improvements Premises and the other portions of the Project, (ii) Landlord may, by written notice to Tenant given not later than one hundred twenty (120) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has notified advised Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By time that the date which Tenant Improvements were constructed and installed in the Premises that Tenant is forty-five to remove all or portions of the items comprising the Tenant Improvements (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixturesthe "Removable TIs"), alterations, additions and other non-attached improvements which Landlord Tenant shall require Tenant not to remove from the PremisesRemovable TIs. Tenant shall repair any damage caused by the installation or such removal of such signsthe Tenant's Property, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items requested Alterations and the repair of the Premises to be completed prior to such termination of this LeaseRemovable TIs. For purposes hereof, and notwithstanding anything to the contrary contained herein, term "Tenant's racking Property" shall mean and in-rack sprinkler systems refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to be part Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant's trade fixtures . All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall be removed from remain in the Premises by Tenant upon as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

Surrender of Premises. Upon the expiration or earlier termination of the Term of this Lease, whether by forfeitureTenant shall peaceably quit and surrender to Landlord the Premises in neat and clean condition and in good order, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender condition and deliver up the Premisesrepair, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises)all alterations, additions and improvements which Landlord has notified Tenantmay have been made or installed in, in writing on or to the Premises prior to or during the Term of this Lease (except as hereinafter provided), excepting only ordinary wear and use and damage by fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility to repair or restore. Tenant shall remove all of Tenant's Removable Property, all wiring and cabling installed by Tenant prior to or during the Term and, to the extent specified by Landlord, all alterations and additions made by Tenant and all partitions wholly within the Premises unless installed initially by Landlord in preparing the Premises for Tenant's occupancy; and shall repair any damages to the Premises or the Building caused by such removal. Any Tenant's Removable Property which shall remain in the Building or on the Premises after the expiration or termination of the Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit, at Tenant's sole cost and expense. At Tenant's written request delivered at the time Tenant requests Landlord's approval of their installationany Tenant Alterations, that Landlord will require shall notify Tenant not to removewhich portions, to Landlord in good condition and repair if any, of such Tenant Alterations (including, but not limited to, replacing all light bulbs wiring and ballasts not in good working conditioncabling) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 11.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has notified Tenant, in writing, prior to the time of their installation, as set forth above, that Landlord will require such removal) unless Landlord reasonably requests, in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to must be removed by Landlord Tenant at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant's racking and in-rack sprinkler systems shall be deemed to be part of Tenant's trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Leasethe Term. At the end of the Term, Tenant shall not be required to remove any wiring or cabling existing in the Premises as of the date hereof.

Appears in 1 contract

Samples: Lease (Compbenefits Corp)

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