Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 3 contracts

Samples: Into Lease and Purchase Option (PACIFIC GAS & ELECTRIC Co), Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)

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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 or earlier termination of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, including all improvements including Alterations constructed by Tenant 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 other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 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 date hereof, 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 other portion subtenant or assignee of the ProjectTenant, and shall provide to Landlord the combination if not removed within fifteen (15) days after termination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination 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, Tenant, at its cost and expense, shall Landlord may remove all of its personal such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 3 contracts

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

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease or Tenant’s right to possess the Premises, Tenant shall (a) deliver to Landlord the Premises broom-clean with all improvements located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control, and reasonable wear and tear, defined below), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the Premises and all access cards to the Project; (c) remove all unattached trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party, including all connections for such cabling, at Tenant’s sole cost (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of this Leasethe Term, to require Tenant shall quietly to abandon and peacefully surrender leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling [including conduit], whether located in the Premises to Landlord or elsewhere in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to if Landlord the combination or code of locks on so elects, Tenant covenants that such cabling (and all safes, cabinets, vaults and security systems pre-existing cabling in the Premises. On Premises installed by previous tenants and used by Tenant) shall be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or before any successor statute, and shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box); and (e) remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may require and restore the Expiration Date areas surrounding such Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such Tenant’s Off-Premises Equipment; however, Tenant shall not be required to remove the existing safety shower or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from any addition or improvement to the Premises and repair all damage to or the Project caused by such removal(including wiring and cabling) if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. In addition, Upon Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage ’s written request made no earlier than six months prior to the Project caused by such removal as follows: (i) in the case of the expiration of the Term, Landlord shall notify Tenant whether Landlord shall require Tenant to remove all wiring, cabling and conduit installed in or about the Premises or the Project by any Tenant Party during the Term, The term “reasonable wear and tear” as used herein shall mean such Lines reasonable, normal and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; customary wear and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.tear

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, 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 or earlier termination of this Lease, as promptly as commercially practicable thereafter (but in any event within fifteen (15) days thereafter)), Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, including all improvements including Alterations constructed by Tenant 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 other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 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 the Premises, for purposes of confirming the environmental condition of the Premises 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 date hereof, 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 other portion subtenant or assignee of the ProjectTenant, and shall provide to Landlord the combination if not removed within fifteen (15) days after termination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination 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, Tenant, at its cost and expense, shall Landlord may remove all of its personal such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 2 contracts

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

Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called 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 LeaseArticle 24 completed. Notwithstanding the foregoing, shall deliver Tenant will not be required to Landlord remove any keys to improvements or alterations existing in the Premises, or any other portion Premises as of the Project, date of full execution 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 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, at its cost and expense, Tenant shall remove all of its personal property from the Premises and promptly repair all any damage to the Project caused by Premises or to the Building resulting from such removal. In additionIf Tenant 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 its cost and expenseLandlord’s option, title shall pass to Landlord under this Lease as by a xxxx of sale. If Landlord elects to remove all Lines installed by or for Tenant that are located within any part of such Tenant’s Property, the Premises orreasonable cost of removal, in the case storage and disposal of Lines exclusively serving the Premises, anywhere in the ProjectTenant’s Property, including, without limitation, the Building plenum, risers and all conduits, and repair all repairing any damage to the Project Premises or Building caused by such removal as follows: (i) 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 case 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, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenanthas specifically requested in writing that the Telecom Wiring shall remain, at least thirty (30) days prior to whereupon the Expiration Date, that such Lines Telecom Wiring shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Premises as 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 Tenant’s expense and/or dispose of the same in any manner permitted by lawproperty.

Appears in 2 contracts

Samples: Office Lease, Office Lease

Surrender of Premises. Upon Prior to the Expiration Date expiration of the Term or earlier sooner termination of this Lease, Tenant shall quietly shall, at Tenant’s sole cost, (a) promptly and peacefully peaceably surrender the Premises to Landlord “broom clean,” in the condition called for by this Leasegood order and condition, shall deliver subject to Landlord normal and reasonable wear and tear, (b) repair any keys damage to the Premises, Property caused by or in connection with the removal of 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 by or at the direction of Tenant, (c) repair, patch and repair paint in a good and workmanlike manner all damage holes and other marks in the floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction, and (d) deliver all keys and access cards to the Project caused by such removalPremises to Landlord. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving Before surrendering the Premises, anywhere Tenant shall, at Tenant’s sole cost, remove Tenant’s movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord in accordance with this Paragraph 17.1, remain in the ProjectPremises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises (other than Tenant’s business records and files (including electronic files and data), prototypes, trade secrets, signage, trademarks, merchandise or inventory or the personal effects of Tenant’s employees) without Landlord’s prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease beyond the expiration of any applicable notice and cure period given to Tenant in this Lease. If Tenant is in default under this Lease beyond the expiration of any applicable notice and cure period given to Tenant in this Lease, the fair market value of such personal property and trade fixtures left in the Premises and actually used by Landlord shall be credited to the delinquent amounts due under this Lease after all other amounts have been paid by Tenant to Landlord. Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, including, without limitation, the Building plenumany computer lines, risers wiring, cabling and all conduitsfacilities and other similar improvements, and repair all damage to restore the Premises to their condition as of the Commencement Date, subject to normal and reasonable wear and tear; provided, however, that notwithstanding the foregoing to the Project caused contrary, Tenant shall have no obligation to remove the improvements made by Landlord pursuant to the attached Exhibit C, and except as otherwise expressly required by this Lease, Tenant shall have no obligation to remove any other improvements made by Tenant with Landlord’s prior written consent unless Landlord’s consent to make such removal as follows: (i) in the case of alterations was expressly conditioned on Tenant’s removing such alterations at the expiration of the Term, Tenant shall remove such Lines and repair such damage on Term or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier sooner termination of this Lease, except that, in all events, unless Landlord otherwise consents in writing, Tenant shall must remove such Lines all alterations, additions and repair such damage promptly after receipt of a notice from improvements made to the Premises by Tenant or by Landlord requiring such removal for Tenant that are located above the ceiling tile in the Premises, including, without limitation, any computer lines, wiring, cabling and repair. Any Lines not facilities and other similar improvements, to the extent required to be removed pursuant to this Section shall become by the property of Landlord (without payment by Landlord)National Electric Code, and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlordas amended. All personal property, trade fixtures and other property of Tenant not removed hereunder from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemeddeemed to have been abandoned and may be appropriated, at Landlord’s optionsold, to be abandoned stored, destroyed or otherwise disposed of by Tenant Landlord without notice to, and Landlord may, without any liability obligation to account to, Tenant for loss or damage thereto or loss any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of use thereof, store such property in excess of any amount received by Landlord from such disposition. No surrender of the Premises shall be effected by Landlord’s acceptance of the keys or of the rent or by any other means without Landlord’s written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant’s name at Tenant’s expense and/or dispose obligations under this Lease in connection with surrender of the same in any manner permitted by lawPremises until Landlord has inspected the Premises and delivered to Tenant a written release.

Appears in 2 contracts

Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)

Surrender of Premises. Upon On the Expiration Date expiration of the Term or earlier sooner termination of this Lease, Tenant shall quietly shall, at Tenant’s sole cost, (a) promptly and peacefully peaceably surrender the Premises to Landlord “broom clean,” in the condition called for by this Leasegood order and condition, shall deliver to Landlord (b) repair any keys damage to the Premises, Property caused by or in connection with the removal of 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 by or at the direction of Tenant, (c) repair, patch and repair paint in a good and workmanlike manner all damage holes and other marks in the floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction, (d) deliver all keys and access cards to the Project caused by such removal. In additionPremises to Landlord, Tenant, at its cost and expense, shall (e) remove all Lines installed by or for Tenant that are located within of Tenant’s data cabling, and (f) at Landlord’s sole discretion, remove all of Tenant’s Alterations and improvements from the Premises orand return the Premises to its original shell condition, in the case of Lines exclusively serving ordinary wear and tear excepted. Before surrendering the Premises, anywhere Tenant shall, at Tenant’s sole cost, remove Txxxxx’s movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Lxxxxxxx, remain in the ProjectPremises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises without Landlord’s prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Axx. (or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant including, without limitation, the Building plenumany computer lines, risers wiring, cabling and all conduitsfacilities and other similar improvements, and repair all damage to restore the Project caused by such removal Premises to their condition as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Commencement Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property, trade fixtures and other property of Tenant not removed hereunder from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemeddeemed to have been abandoned and may be appropriated, at Landlord’s optionsold, to be abandoned stored, destroyed or otherwise disposed of by Tenant Landlord without notice to, and Landlord may, without any liability obligation to account to, Tenant for loss or damage thereto or loss any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of use thereof, store such property in excess of any amount received by Landlord from such disposition. No surrender of the Premises shall be effected by Lxxxxxxx’s acceptance of the keys or of the rent or by any other means without Landlord’s written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant’s name at Tenant’s expense and/or dispose obligations under this Lease in connection with surrender of the same in any manner permitted by lawPremises until Lxxxxxxx has inspected the Premises and delivered to Tenant a written release.

Appears in 2 contracts

Samples: Office Lease (Fatpipe Inc/Ut), Office Lease (Fatpipe Inc/Ut)

Surrender of Premises. Upon At the Expiration Date expiration of the Term or earlier termination of this Lease, except as provided below in Section 10.2.1, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include 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, or any damage or deterioration due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors. Except as set forth below in Section 10.2.1, on or before the expiration or earlier termination of this Lease, Tenant shall quietly remove (i) all of Tenant’s Property (defined below) and peacefully surrender Tenant’s signage from the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any and other portion portions of the Project, (ii) any Alterations Landlord may require Tenant, by notice to Tenant given at or about the time of Landlord’s granting of consent to their installation, to remove, and Tenant shall provide repair any damage caused by all of such removal activities, at Tenant’s sole expense. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other 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 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. Landlord may elect to take responsibility to remove any such wiring or cabling installed above the combination ceiling or code beneath the floors 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in which case Tenant shall pay Landlord for the actual cost incurred by Landlord therefor, (together with a five percent (5%) 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 ProjectPremises as the property of Landlord. 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, the Building plenum, risers any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay and all conduits, and repair all damage (y) suffered by Landlord due to the Project caused by such removal as follows: (i) in the case lost opportunities to lease any portion of the expiration of the Term, Tenant shall remove Premises to any such Lines and repair such damage on succeeding tenant or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by lawprospective tenant.

Appears in 2 contracts

Samples: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all 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 Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord’s rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Energytec Inc)

Surrender of Premises. Upon Tenant shall at Tenant's sole expense and no later than the Expiration Date expiration or earlier termination of this LeaseSublease and subject to all of the terms of this Sublease and the Xxxxxxxxx, Tenant shall quietly vacate and peacefully surrender the Premises to Landlord in the condition called for by this Leasethat Landlord is required to surrender the Premises to Overlandlord pursuant to Section 14.01, shall deliver to Landlord any keys to the Premises14.02, or any other portion 14.03, 14.04 and 14.05(a), (b) and (g), and Section 24.01 of the Project, and shall provide to Landlord Xxxxxxxxx upon the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date expiration or earlier termination of the Xxxxxxxxx. As part of Tenant's obligations under this LeaseSection, Tenant, at its cost and expense, Tenant shall (a) remove all of its personal property from the Premises all Furniture and repair all damage Equipment, unless title to the Project caused same has been retained by such removal. In addition, Landlord pursuant to Section 5.1(b)(iii) and (b) remove Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, 's Changes including, without limitation, the Building plenum, risers and all conduitsTenant's Work (as defined in Section 20) if, and to the extent, required by this Sublease. In addition, Tenant shall repair all any damage to the Project Premises caused by Tenant's removal of the Furniture and Equipment or Tenant's Changes. In no event shall Tenant be required to perform any Restoration Work required to be performed under the Xxxxxxxxx by Landlord as tenant under the Xxxxxxxxx as of the Sublease Commencement Date (as if such removal as follows: (iwere the Expiration Date under the Xxxxxxxxx) or to remove any improvements existing in the case Premises as of the expiration of Sublease Commencement Date. Notwithstanding any contrary provision in the Term, Xxxxxxxxx or Sublease (a) Tenant's surrender obligation is limited to the agreement that Tenant shall remove such Lines and repair such damage on or before return the Expiration Date, unless Premises to Landlord notifies in substantially the same condition as originally received by Tenant, at least thirty (30) days prior to the Expiration Dateapproved alterations, that such Lines shall be surrendered with the Premises; ordinary wear and tear and casualty excepted and (iib) in the case of the earlier termination of this Lease, Tenant shall not have any obligation to remove such Lines and repair such damage promptly after receipt of a notice from those Tenant Changes installed by Tenant for which Landlord has failed to indicate that it is requiring such removal and repair. Any Lines not required at the time Landlord approves such Tenant Changes but as to be removed pursuant to this Section shall become the property of Landlord clause (without payment by Landlordb), and shall be surrendered only if at the time Tenant requests Landlord's consent to such proposed Tenant Changes, Tenant indicates in good condition and working ordera notice to Landlord in bold upper case letters on the first page: "SUBTENANT IS REQUESTING A DETERMINATION AS TO WHETHER SUBLANDLORD WILL BE REQUIRING THE REMOVAL OF CERTAIN SUBTENANT ALTERATIONS AT THE END OF THE SUBLEASE TERM, lien freeAND IF SUBLANDLORD FAILS TO INDICATE THAT SUCH REMOVAL IS REQUIRED, 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 Tenant’s expense and/or dispose of the same in any manner permitted by lawTHEN IT SHALL BE DEEMED THAT SUBLANDLORD HAS IRREVOCABLY ELECTED THAT SUCH REMOVAL SHALL NOT BE REQUIRED."

Appears in 2 contracts

Samples: Agreement of Sublease, Agreement (Stifel Financial Corp)

Surrender of Premises. Upon Section 1 5.0 1. Tenant shall, upon the Expiration Date expiration or earlier termination of this Lease for any reason whatsoever, surrender to Landlord the buildings, structures and building equipment then upon the Demised Premises, together with all alterations and replacements thereof then on the Demised Premises, in the same good order, condition and repair, that the Demised Premises are in on the completion of the construction contemplated hereby, except for reasonable and ordinary wear and tear. (Wherever the term “reasonable and ordinary wear and tear” is used in this Lease, it should be understood to contemplate that Tenant will have performed a reasonable maintenance program during the term hereof.) At the expiration of termination of this Lease for any reason whatsoever, Landlord shall have the right, at Landlord’s sole cost and expense, to inspect the Demised Premises through an independent licensed engineer and/or contractor in order to determine that all portions of the Demised Premises are in such good condition, ordinary wear and tear excepted. Any repairs deemed necessary in the opinion of the inspecting agent may be paid for out of proceeds of the Security Deposit. Title to all of Tenant’s trade fixtures, furniture and equipment (other than building equipment) installed in the Demised Premises shall remain in Tenant, and upon expiration or other termination of this Lease, the same may and, upon the demand of Landlord, shall be removed and any resultant damage to the Demised Premises shall be repaired, by and at the expense of Tenant; provided, however, that if, upon any such expiration or other termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord be delinquent or in the condition called for by this Lease, shall deliver to Landlord default under 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Termprovisions hereof, Tenant shall not, without Landlord’s prior written consent, be entitled to remove any such Lines trade fixtures, furniture or equipment unless and repair until such damage on delinquency or before the Expiration Datedefault shall have been cured, unless Landlord notifies Tenant, at least and if such delinquency or default shall not have been cured by Tenant within thirty (30) days prior to after the Expiration Datedate of such expiration or termination, that all such Lines shall be surrendered with the Premises; trade fixtures, furniture and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property equipment of Tenant not removed hereunder shall be deemedshall, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss become the absolute property of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawLandlord.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Asbury Automotive Group Inc)

Surrender of Premises. Upon At the Expiration Date expiration of the Term or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord (a) in the good condition called for and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include 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, shall deliver or any damage or deterioration due to Landlord any keys to the Premisesor associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, 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 Premisesunusual occupancy factors. On or before the Expiration Date expiration or earlier termination of this Lease, Tenant, at its cost and expense, Tenant shall remove (i) all of its personal property Tenant’s Property (defined below) and Tenant’s signage from the 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 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, and Tenant shall repair any damage caused by all of such removal activities. Notwithstanding the foregoing, in the event Tenant is unable to use the loading dock serving the adjoining premises for the purpose of vacating the Premises at the expiration of the Term (as the same may be extended), and as a result Tenant is required to remove cubicles, widen doorways, open the wall, or take other similar steps to remove Tenant’s Property from the Premises, Tenant shall be required to restore any damage to the Project caused by such removal. In addition, storefront and/or exterior walls of the Building resulting from the foregoing actions at Tenant, at its ’s sole cost and expense. Tenant’s path of travel within the Premises while removing the Tenant’s Property shall be as identified and shown on Exhibit H attached hereto, and Tenant’s removal of cubicles or interior walls along the path of travel shown on Exhibit H within the Premises shall be at Tenant’s sole cost, and Landlord shall be responsible, at Landlord’s sole cost, for the restoration of any cubicles and repairs to any interior walls along the path of travel shown on Exhibit H within the Premises. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other 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 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 contrary contained herein, Tenant shall prior to the expiration of this Lease, at Tenant’s expense and in compliance with the National Electric Code and other applicable Laws, remove all Lines electronic, fiber, phone and data cabling and related equipment that has been installed by or for the benefit of Tenant that are located within in or around the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation(collectively, the Building plenum“Cabling”); provided, risers and all conduits, and repair all damage to the Project caused by such removal as follows: (i) in the case of the expiration of the Termhowever, Tenant shall not remove such Lines and repair such damage on or before the Expiration Date, unless Cabling if Tenant receives a written notice from Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Dateexpiration of the Lease authorizing such Cabling to remain in place, that such Lines in which event the Cabling shall be surrendered with the Premises; and (ii) in Premises upon the case of the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not be required to be removed pursuant remove any Cabling existing in the Premises prior to the date of this Section Lease. All Alterations except those which Landlord requires Tenant to remove at the time Landlord’s consent is granted to the making of such Alterations shall become remain in the Premises as the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedindemnify, at Landlord’s option, to be abandoned defend and hold the Indemnitees (hereafter defined) harmless from and against any and all Claims (defined below) (x) arising from any delay by Tenant and Landlord mayin so surrendering the Premises including, without limitation, any liability 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 Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose lost opportunities to lease any portion of the same in Premises to any manner permitted by lawsuch succeeding tenant or prospective tenant.

Appears in 2 contracts

Samples: And Attornment Agreement, Lease Agreement (Restoration Robotics Inc)

Surrender of Premises. Upon On the Expiration Date or earlier other termination of this Lease, Tenant shall quietly will peaceably quit and peacefully surrender to City the Premises, together with the Alterations approved by City that City does not require Tenant to remove, in good order and condition, except for normal wear and tear, and further except for any portion of the Premises to Landlord in condemned and any damage and destruction for which Tenant is not responsible under this Lease. The Premises will be surrendered free and clear of all liens and encumbrances other than those existing as of the condition called for date of this Lease and any other encumbrances created by City. Immediately before the Expiration Date or other termination of this Lease, shall deliver Tenant will remove all of Tenant’s Personal Property as provided in this Lease, and repair any damage resulting from that removal; provided, in City’s sole discretion, City may, by written notice to Landlord Tenant, reserve ownership of any keys to telecommunications equipment, wire, cabling, and/or conduit installed in the Premises, Premises or any other portion of the ProjectProperty by or on behalf of Tenant. If the removal is not completed at the expiration or other termination of this Lease, and shall provide City may perform the removal at Tenant’s expense. Notwithstanding anything to Landlord the combination or code of locks on all safescontrary in this Lease, cabinets, vaults and security systems in the Premises. On or at any time before the Expiration Date or earlier within five (5) days after termination of this Lease, TenantCity may elect to require Tenant to remove, at its cost and Tenant’s sole expense, shall remove all or part of its personal property from the Alterations, or other improvements or equipment constructed or installed by or at Tenant’s expense, including any telecommunications equipment, wires, cabling, and/or conduit installed in the Premises or any other portion of the Property by or on behalf of Tenant. Tenant will promptly remove those items and repair all repair, at no cost to City, any damage to the Project caused by such Premises or the Property resulting from the removal, or if Tenant fails to repair, City may do so at Tenant’s expense. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 ’s obligations under this Section will survive the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier sooner termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 LandlordAt City’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss items of use thereof, store such property in Tenant’s name at Personal Property remaining in the Premises or Common Areas after the Expiration Date or sooner termination of this Lease may be deemed abandoned and disposed of in accordance with Section 1980 et seq. of the California Civil Code or in any other manner allowed by Legal Requirements. Concurrently with the surrender of the Premises, if requested by City, Tenant will execute, acknowledge, and deliver to City a quitclaim deed to the Premises and any other instrument reasonably requested by City to evidence the termination of Tenant’s expense and/or dispose leasehold estate and to effect the transfer or vesting of title to the improvements or equipment that remain part of the same in any manner permitted by lawPremises or Common Areas. The terms of this Section will survive the expiration or termination of this Lease.

Appears in 2 contracts

Samples: Lease, Lease

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 or earlier termination of this Lease, as promptly as commercially practicable thereafter (but in any event within ten (10) days thereafter)), Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, including all Alterations constructed by Tenant therein, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any other portion subtenant or assignee of the ProjectTenant, and shall provide to Landlord the combination if not removed within ten (10) days after termination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination 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, Tenant, at its cost and expense, shall Landlord may remove all of its personal such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 2 contracts

Samples: Lease Agreement (Big Lots Inc), Lease Agreement (Big Lots Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises to Landlord with all improvements located therein as of the Commencement Date in the same repair and condition called existing as of the Commencement Date (and with all subsequent alterations and improvements made by or for Tenant in compliance with Laws and otherwise in good repair and condition), free of Hazardous Materials placed on the Premises by this Leaseany Tenant Party during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant and the Existing FF&E (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion of the Projectwiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, and shall provide to Landlord notwithstanding 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 foregoing provisions of this LeaseSection 21 to the contrary, Tenant shall remove such alterations, additions and improvements installed by or on behalf of Tenant, at its cost and expensesuch trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment and the Existing FF&E), as Landlord may request; however, Tenant shall not be required to remove all of its personal property from any addition or improvement to the Premises and or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 2 contracts

Samples: Security Agreement (Biomira Inc), Iv Lease (Biomira CORP)

Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall quietly and peacefully surrender have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Landlord in the condition called for by this LeaseSection 10.3.2, shall deliver to Landlord Tenant will promptly repair any keys damage to the PremisesPremises caused by such removal. Subject to the terms of Section 13.10, or any other portion all property of the Project, and shall provide to Landlord the combination or code of locks Tenant not removed on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at its the sole cost and expenserisk of Tenant. Landlord will not be liable for damage, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In additiontheft, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 misappropriation or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same thereof or in any manner permitted by lawin respect thereto.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Horizon Pharma PLC)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 15 and 16 shall control) excepted, and shall deliver to Landlord any all 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 Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). All alterations, additions or improvements made in or upon the Premises shall, at Landlord's option, (to be exercised pursuant to following sentence), either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain in the Premises at the end of the Term without compensation to Tenant. In connection with Landlord's review and approval of any of Tenant's proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord's notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations prior to the expiration of the Term; however, if Tenant submits plans and specifications to Landlord for proposed alterations, additions or improvements to the Premises and repair all damage delivers a Removal Notice (defined below) to Landlord contemporaneously with such submission by Tenant, and Landlord fails to notify Tenant that Tenant will be required to remove such alterations, additions or improvements to the Project caused by such removal. In addition, Tenant, Premises at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Landlord may not request such removal at the expiration of the Term. A "Removal Notice" means a written notice from Tenant shall to Landlord that conspicuously states in bold, uppercase typeface that Tenant will not be required to remove the alterations, additions or improvements in question at the end of the Term unless, contemporaneously with Landlord's notice of approval to Tenant with respect to the improvements in question, Landlord notifies Tenant in writing that Landlord will require Tenant to remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days alterations prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case expiration of the earlier termination of this LeaseTerm. Notwithstanding the foregoing, if Tenant does not obtain Landlord's prior written consent for any alterations, additions or improvements to the Premises (whether such approval is required hereunder or otherwise), Tenant shall, at Landlord's written request, remove all such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such Lines removal. Notwithstanding the foregoing, Landlord hereby acknowledges that Landlord will not require the removal or restoration of the improvements set forth on the Space Plans attached hereto as Exhibit D-1 at the expiration of the Term provided Tenant has complied with its maintenance and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to obligations under this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by LandlordLease. All personal property of Tenant items not so removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 22 shall survive the end of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Airvana 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 or earlier termination of this Lease, as promptly as commercially practicable thereafter (but in any event within ten (10) days thereafter, during which 10-day period Tenant shall quietly and peacefully be liable for the holdover rent pursuant to Section 29 hereof)), Tenant shall surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, including all Alterations constructed by Tenant 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 other Personal Property installed or placed on the Premises by Tenant (collectively, “Tenant’s Personal Property”)), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any other portion subtenant or assignee of the ProjectTenant, and shall provide to Landlord the combination if not removed within ten (10) days after termination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination 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, Tenant, at its cost and expense, shall Landlord may remove all of its personal such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Lease Agreement (Big Lots Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises to Landlord with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the condition called for by this LeasePremises during the Term, broom-clean condition, reasonable wear and tear excepted, and shall deliver to Landlord any all 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 Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including but not limited to Tenant’s Off-Premises Equipment) as Landlord may request together with all signs affixed by Tenant to the exterior of the Building or elsewhere at the Project (as well as lettering installed by Tenant on sign panels installed by Landlord); however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 26 shall survive the end of the same in any manner permitted by law.Term. Texas Industrial Lease — American Locker Group, Inc. 19 0000 Xxxxxx, Xxxxx 000, XXX Xxxxxxx, Xxxxx

Appears in 1 contract

Samples: Lease Agreement (American Locker Group Inc)

Surrender of Premises. Upon Tenant agrees on the Expiration Date last day of the Term, or earlier on the sooner termination of this Lease, Tenant shall quietly and peacefully to surrender the Premises promptly and peaceably to Landlord in the condition called configuration set forth in the Surrender Plans attached hereto as Attachment 2 to the Tenant Work Letter attached as Exhibit C to this Lease (the “Tenant Work Letter”) and the Detailed Surrender Plans (as defined below). If the Surrender Plans and/or the construction notes set forth on such plans are inconsistent with the provisions of this Paragraph 9(b), then, in that event, the Surrender Plans will prevail. At least ten (10) months before the Expiration Date, Tenant at its sole cost and expense shall prepare construction drawings that are consistent with and a logical evolution of the Surrender Plans and that contain the specifications and other detailed information required for submittal to and processing by the City of San Xxxx Building Department (the “Detailed Surrender Plans”) for Landlord’s review and approval, which shall not be unreasonably withheld, delayed or conditioned. The process for preparation and approval of the Detailed Surrender Plans and any iterations thereof shall be governed by Section 11 of this Lease. Tenant shall thereafter, as and when appropriate, submit to and obtain approval by the City of San Xxxx of the Detailed Surrender Plans. Following approval of the Detailed Surrender Plans by Landlord and the City of San Xxxx, Tenant shall cause the work described in the Detailed Surrender Plans to be completed as and when required by this Lease. Tenant will surrender the Premises in compliance with all applicable city, county, state and federal laws, including the ADA, and all other applicable Laws. The Premises will be returned uniform in appearance, color scheme and texture, including but not limited to all floor coverings, walls and ceilings. All heating, ventilation and air conditioning (“HVAC”), plumbing, electrical and other Systems and Equipment (as defined in Paragraph 12(a)) will be returned in good operating condition and repair. All windows will be washed. Tenant shall deliver to Landlord any keys remove all Alterations (as defined in Paragraph 11) that may have been made in or to the Premises, or Premises except to the extent that Landlord has expressly agreed in writing to allow any other portion of the Project, and shall provide particular Alteration to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in remain within the Premises. On All cables and other Lines installed by Tenant shall be removed as provide in Paragraph 15. If Tenant fails to complete the removal of Specialty Alterations and/or to repair any damage caused by the removal thereof, and/or to return the Premises to the condition required by this Paragraph 9(b) prior to the expiration of the Term or before the Expiration Date or earlier prior 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, then at Landlord’s option, either (A) Tenant shall be deemed to be abandoned by Tenant holding over in the Premises and Rent shall continue to accrue in accordance with the terms of Paragraph 32, below, until such work shall be completed, and/or (B) Landlord may, without any liability may do so and may charge the cost thereof to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Lease (Neophotonics Corp)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all 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 Provided that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of no default then exists under this Lease, Tenant shall remove all of Tenant’s trade fixtures, furniture, equipment and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such Lines and repair item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such damage promptly after receipt of a notice from Landlord requiring such removal and repairremoval). Any Lines Notwithstanding the foregoing, Tenant shall not be required to remove (i) any improvements constructed pursuant to Exhibit “D” hereof, (ii) any Minor Nonstructural Alterations, (iii) any other alterations, additions, or improvements subsequently installed by Tenant, unless at the time of consenting to such alterations, additions or improvements, Landlord expressly required in writing that same be removed pursuant to this Section from the Premises upon expiration of the Lease, or (iv) any wiring or cabling. Tenant shall become the property of Landlord (without payment repair all damage caused by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlordsuch removal. All personal property of Tenant items not so removed hereunder shall be deemedshall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord’s rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 21. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Shattuck Labs, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this LeaseLease or Tenant’s right to possess the Premises, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall (a)4 deliver to Landlord the Premises broom-clean with all improvements located therein in good repair and condition, normal wear and tear excepted (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term by any Tenant Party; (b) deliver to Landlord all keys to the Premises and all access cards to the Project; (c) remove all unattached trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises; and (d) subject to the provisions below, remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may require; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if (1)Landlord has specifically agreed in writing that the improvement or addition in question need not be removed; or (2) same do not exceed or differ in any material respect from customary, standard type of installations or improvements for general, executive and administrative offices in comparable buildings in the submarket in which the Building is located (the “Standard Improvements”); however, Tenant may be required by Landlord to remove any non-standard alterations, additions or improvements, including laboratories, server rooms, data centers, computer rooms, specialty ceilings, or any items that would have above-average demolition costs. Tenant shall repair all damage caused by the removal of the items described above. In connection with Landlord’s review and approval of any of Tenant’s proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord’s notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations, additions or any other portion improvements prior to the expiration of the ProjectTerm; however, if Tenant submits plans and specifications to Landlord for proposed alterations, additions or improvements to the Premises (including as part of the Work) and delivers a Removal Notice (defined below) to Landlord contemporaneously with such submission by Tenant, and shall provide Landlord fails to Landlord the combination notify Tenant that Tenant will be required to remove such alterations, additions 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 improvements to 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Landlord may not request such removal at the expiration of the Term. A “Removal Notice” means a written notice from Tenant to Landlord that conspicuously states in bold, uppercase typeface that Tenant will not be required to remove the alterations, additions or improvements in question at the end of the Term unless, contemporaneously with Landlord’s notice of approval to Tenant with respect to the improvements in question, Landlord notifies Tenant in writing that Landlord will require Tenant to remove such alterations prior to the expiration of the Term. Notwithstanding the foregoing, if Tenant does not obtain Landlord’s prior written consent for any alterations, additions or improvements to the Premises (whether such approval is required hereunder or otherwise), Tenant shall remove all such Lines alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and repair such damage on furniture (including Tenant’s Off-Premises Equipment) as Landlord may request in writing (save and except for Standard Improvements). If Tenant fails to remove any property required to be removed by Tenant under the terms of this Lease within five days after termination or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination expiry of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedmay, at Landlord’s option, (A) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items 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; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (B) remove such items, perform any work required to be abandoned performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord mayon demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations hereunder (including reasonable collection costs and attorneys’ fees), without plus interest thereon at the Default Rate, or (C) elect any liability of the actions described in clauses (A) and (B) above as Landlord may elect in its sole discretion. Further, and notwithstanding anything in this Lease to the contrary, in all cases Tenant for loss shall be required to remove, and to restore the Premises or damage thereto Project, as applicable, to their previous condition, any wiring and cabling installed in the Premises or loss elsewhere in the Project by or on behalf of use thereofany Tenant Party, store such property in any alterations or improvements to first floor lobby or elevator lobby areas, any alterations or relocations of base-Building’s Systems, any improvements or signage incorporating Tenant’s name at or logo, internal stairwells, vaults, raised flooring, any alteration, improvement or equipment not complying with Laws and in each case installed by or on behalf of any Tenant Party, and, unless Landlord has expressly stated otherwise in writing, all of Tenant’s expense and/or dispose Off-Premises Equipment, including any supplemental HVAC equipment, rooftop equipment, etc. The provisions of this Section 21 shall survive the end of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (except for any Taking or Casualty damage, as to Landlord in the condition called for by this Leasewhich Section 13 and Section 14 shall control) excepted, and shall deliver to Landlord any all 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 Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused Building by Tenant (but Tenant may not remove any such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises oritem which was paid for, in the case of Lines exclusively serving the Premiseswhole or in part, anywhere in the Projectby Landlord). Further, including, without limitation, the Building plenum, risers Tenant must remove any and all conduits, wiring and repair all damage to the Project caused by such removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days cabling prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) to the extent Landlord gave Tenant notice of such requirement in its Alterations Consent. All items required to be removed by Landlord and not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose cost without 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 same in any manner permitted by lawsecurity interest granted under Section 19. The provisions of this Section 20 shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Cross Country Healthcare Inc)

Surrender of Premises. Upon At the Expiration Date expiry or earlier termination of the Term, the Tenant shall peaceably yield up to the Landlord the Premises, including all improvements which the Tenant may have constructed upon the Premises during the Term (exclusive of all items and articles in the nature of trade or tenant's fixtures), in good repair, except as stated in Article 22 and excepting only reasonable wear and tear and damage by fire, lightning and tempest not due to the negligence or wilful act or omission of the Tenant. All improvements which the Tenant may construct upon the Premises during the Term (exclusive of all items and articles in the nature of trade or tenant's fixtures) are and shall be fixtures to the Premises and are intended to be and become the absolute property of the Landlord upon the expiration or termination of this Lease. The Tenant shall, Tenant shall quietly and peacefully surrender at the request of the Landlord, remove from the Premises all such fixtures, but shall in such removal do no damage to the Premises or shall make good any damage which may be occasioned as a result of such removal. In the event that the Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to requests that such improvements be removed from the Premises, or any other portion then the Tenant shall within Thirty (30) days of the Project, date of the Landlord’s request carryout 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, Tenantcomplete, at its sole cost and expense, the removal of all such improvements and shall remove all of its personal property from the Premises and repair all restore any damage to the Project caused by such removalPremises from so doing. In addition, Tenant, at its cost default of the Tenant carrying out the removal and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitationrestoration, the Building plenum, risers Landlord may carry it out and all conduits, expenses incurred by the Landlord in carrying out the removal and repair all damage restoration shall be at the expense of the Tenant. Any monies expended by the Landlord in carrying out the removal and restoration shall bear interest at the rate of nineteen and fifty six one hundredths (19.56%) per cent per annum and shall become due from the Tenant to the Project caused by such removal Landlord as follows: (i) rent in addition to the case rent payable pursuant to Sections 2.1 and 2.2 of the expiration of the Term, Tenant this Lease and shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least be payable within thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become written demand by the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: www.edmonton.ca

Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called as on the date Tenant took possession (a) except for reasonable wear and tear, loss by fire or other casualty and loss by condemnation, the presence of Hazardous Materials (other than those released or emitted by Tenant or any Tenant Related Party) and repairs for which Tenant is not responsible under this Lease; and (b) with all removal, restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Tenant’s Property shall deliver to Landlord be and shall remain the property of Tenant and may be removed by Tenant at any keys time during the Term; provided that, if any of Tenant’s Property is removed, Tenant shall promptly repair any damage to the PremisesPremises or to any Building resulting from such removal. If Tenant 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 stored and/or disposed of in accordance with Section 1980 et seq. of the California Civil Code, or any other portion of the Project, and shall provide similar Laws now or hereafter in effect. If Landlord elects 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 or any part of its personal property from such Tenant’s Property, the Premises reasonable cost of removal, storage and repair all damage to the Project caused by such removal. In addition, disposal of Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project’s Property, including, without limitation, the Building plenum, risers and all conduits, and repair all repairing any damage to the Project Premises or any Building caused by such removal as follows: (i) removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises, the Buildings and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in the case 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, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenanthas specifically requested in writing that the Telecom Wiring shall remain, at least thirty (30) days prior to whereupon the Expiration Date, that such Lines Telecom Wiring shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Premises as 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 Tenant’s expense and/or dispose of the same in any manner permitted by lawproperty.

Appears in 1 contract

Samples: Office Lease (ShockWave Medical, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this LeaseLease or Tenant’s right to possess the Premises, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall (a) deliver to Landlord the Premises broom-clean with all Alterations, additions, betterments and improvements (collectively, “Improvements”) located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the PremisesPremises and all access cards to the Project (and shall reimburse Landlord for the then-current replacement cost charged by Landlord for all such keys and access cards that are not returned); (c) remove all unattached trade fixtures, or any other portion of the Projectfurniture (including demountable walls), and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems personal property placed in the PremisesPremises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) [intentionally omitted]; and (e) remove such Improvements and Tenant’s Off-Premises Equipment as Landlord may require and restore the areas surrounding such Improvements and Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such Improvements and Tenant’s Off-Premises Equipment; however, Tenant shall not be required to remove any Improvement to the Premises or the Project if Landlord has specifically agreed in writing at the time of installation that the Improvement in question need not be removed. On or before Notwithstanding the Expiration Date or earlier termination of this Leaseforegoing, Tenant, at its cost and expense, Tenant shall remove all of its personal property not be responsible for removing from the Premises any telephone, computer, or related data cabling and wiring that may be installed within the Premises’ walls or above the Premises’ ceiling, nor for removing any associated data wiring related wall fixtures, provided that in all cases all such cabling and wiring is capped, neatly bundled and clearly identified by Tenant. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration items described above. If Tenant fails to remove any property, including any of the Termproperty described above, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedmay, at Landlord’s option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items 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; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be abandoned performed by Tenant hereunder, and repair all damage caused by such work, and Xxxxxx shall reimburse Landlord mayon demand for any expenses which Landlord may incur in effecting compliance with Xxxxxx’s obligations hereunder (including collection costs and attorneys’ fees), without plus interest thereon at the Default Rate, or (3) elect any liability of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. Notwithstanding anything to the contrary contained herein, (i) Tenant for loss or damage thereto or loss of use thereof, store such property in shall not be required to remove Tenant’s name initial Alterations to the Premises, and (ii) Tenant shall not be required to remove any Alterations which constitute improvements which are typically found in businesses conducting only an office use and other incidental uses in Class “A” office buildings which are located in the Rosslyn, Virginia area, and which are comparable to the Building (the “Typical Office Improvements”) (such items which are excluded from being Typical Office Improvements being hereinafter referred to as “Items Subject to Removal”). With respect to such Items Subject to Removal, Landlord shall notify Tenant, at the time that Landlord approves Tenant’s expense and/or dispose plans for such Alterations, whether Landlord reserves the right to require removal of any such Items Subject to Removal as provided above in this Section 21. Items Subject to Removal shall include but not be limited to any raised flooring (i.e., flooring which is raised above the concrete slab, with a cavity between the raised flooring and the concrete slab), cafeteria improvements, catering kitchens (not including pantries), internal stairwells, and computer server rooms, and any other similar non-standard office installations within the Premises. The provisions of this Section 21 shall survive the end of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Deed of Lease Agreement (Evolent Health, Inc.)

Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, normal wear and tear and damage and destruction which Tenant is not obligated to repair excepted, and shall deliver to 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 '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 's name at Tenant’s 's expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Office Lease (First Albany Companies Inc)

Surrender of Premises. Upon the Expiration Date Tenant shall, upon expiration or earlier sooner termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the same condition called for by this Leaseas existed on the date Tenant commenced business operations therein, including, but not limited to, all interior walls cleaned, all interior painted surfaces cleaned, all holes in walls repaired, all carpets cleaned, and all floors cleaned, and free of any Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord and in compliance with the provisions of Paragraphs 11, 12 and 13, reasonable wear and tear and Casualty excepted. Tenant shall deliver remove all of its debris from the Project. At or before the time of surrender, Tenant shall comply with the terms of Paragraph 12 with respect to Landlord any keys the removal of Alterations to the Premises, or any other portion Paragraph 13 with respect to the removal of Tenant's Signs, and Section 10 of the ProjectTenant Improvement Agreement with respect to the removal of Tenant Improvements. To the extent any such provisions of this Lease or the Tenant Improvement Agreement require Tenant to remove Alterations, Tenant's Signs or Tenant Improvements, Tenant, at Tenant's expense, shall remove such items and shall provide perform such repair and restoration work prior to Landlord the combination expiration or code of locks on all safes, cabinets, vaults and security systems in upon 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 . If the Premises are not so surrendered at the expiration or sooner termination of this Lease and repair all damage the cost to perform the obligations to render the Premises in the required condition is more than Two Hundred Fifty Thousand Dollars ($250,000.00), the provisions of Paragraph 26 hereof shall apply. All keys to the Project caused by such removal. In addition, Tenant, at its cost and expense, Premises or any part thereof shall remove all Lines installed by be surrendered to Landlord upon expiration or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration sooner termination of the Term, . Tenant and Landlord shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, meet at least thirty (30) days prior to vacating the Expiration DatePremises for a joint inspection of the Premises at the time of vacating, that such Lines but nothing contained herein shall be surrendered with construed as an extension of the Premises; Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant's failure to participate in such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for repairs and (ii) restoration. Any delay caused by Tenant's failure to carry out its obligations under this Paragraph 36 beyond the term hereof where the cost to perform the obligations to render the Premises in the case required condition is more than Two Hundred Fifty Thousand Dollars ($250,000.00), shall constitute unlawful and illegal possession of Premises under Paragraph 26 hereof. Any personal property of any kind remaining in the Premises after the expiration or sooner termination of this Lease shall become the personal property of Landlord. Tenant hereby relinquishes all right, title and interest in the personal property and agrees that Landlord may dispose of the earlier personal property as it sees fit in its sole discretion. Tenant waives the provisions of California Civil Code Sections 1980 et seq. and 1993 et seq. governing the disposal of lost or abandoned property, and releases Landlord and Landlord Parties from any and all Losses, whether now known or unknown, arising out of or relating to disposal of personal property remaining in the Premises after the expiration or sooner termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Guidewire Software, Inc.

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all 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 Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose cost without 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 same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Optio Software Inc)

Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Unless otherwise instructed by Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration termination of the term hereof, Subtenant shall at its own expense and before the end of the term hereof (a) remove the demountable walls shown on EXHIBIT D attached hereto and all fixtures, equipment, partitions, and other improvements to the Premises installed by Subtenant which can be removed without materially damaging the Premises, (b) remove all alterations and improvements to the Premises installed by Subtenant which were not consented to by Tenant and/or Lessor (as the case may be) as required under this Sublease and the Main Lease, (c) remove all alterations and improvements to the Premises installed by Subtenant as requested by Tenant and/or Lessor (as the case may be) at the time that any plans for such work are approved by same, provided that such request shall not unreasonably be made, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, and close all floor, ceiling, and roof openings caused by Subtenant, (e) restore any alterations or improvements to the Premises made by Tenant which were in existence on the Commencement Date to the condition in which such alterations or improvements existed on the Commencement Date, that such Lines reasonable wear and tear and damage by casualty excepted, and (f) restore and surrender the Premises to Tenant in as good condition and repair as the Premises were in at the Commencement Date, reasonable wear and tear and damage by casualty excepted. All property of Subtenant remaining on the Premises after the termination of the term hereof shall be surrendered with deemed to have been abandoned by Subtenant, provided, however, that if any such property so remains on the Premises; Premises and (ii) in the case removal of the earlier termination of this Leasesuch property would impose an expense on Tenant, then, at Tenant's election, Tenant shall be entitled, but not obligated, to remove such Lines property on behalf of and repair such damage promptly after receipt for the account of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment Subtenant, in which case all expenses so incurred by Landlord), and Tenant in connection therewith shall be surrendered in good condition and working orderpaid by Subtenant to Tenant, lien freeas additional rent hereunder, 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 immediately upon Tenant's demand thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Sublease Agreement (Clayton Holdings Inc)

Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Unless otherwise instructed by Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty sixty (3060) days prior to the Expiration termination of the Term, Subtenant shall at its own expense and before the end of the term hereof (a) remove any alterations and improvements made to the Subleased Premises by Subtenant (including, without limitation Subtenant’s Work), but excluding any alterations that are expressly permitted to stay pursuant to the terms of this Sublease or that Tenant waived the right to have remove as part of granting its consent to construct, (b) remove all of its contents from the Building, including trade fixtures, machinery, equipment, furniture (but excluding Tenant’s Furniture), and furnishing, (c) repair all damage resulting from the removal of the items specified in the preceding clauses (a) and (b), and close all floor, ceiling, and roof openings, and (d) surrender the Subleased Premises to Tenant in as good condition and repair as the Subleased Premises were in at the Commencement Date, that such Lines reasonable wear, tear and damage from fire or other casualty not Subtenant’s obligation to repair excepted. All property of Subtenant remaining on the Subleased Premises after the termination of the term hereof shall be surrendered with deemed to have been abandoned by Subtenant, provided, however, that if any such property so remains on the Premises; Subleased Premises and (ii) in the case removal of the earlier termination of this Leasesuch property would impose an expense on Tenant, then, at Tenant’s election, Tenant shall be entitled, but not obligated, to remove such Lines property on behalf of and repair such damage promptly after receipt for the account of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment Subtenant, in which case all expenses so incurred by Landlord), and Tenant in connection therewith shall be surrendered in good condition and working orderpaid by Subtenant to Tenant, lien freeas additional rent hereunder, 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 immediately upon Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawdemand therefor.

Appears in 1 contract

Samples: Sublease Agreement (Seachange International Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender (i) deliver the Premises to Landlord with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises by Tenant or any Tenant Party during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted, (ii) remove any Alterations installed in the condition called for Premises in accordance with the provisions of Section 8(a) provided that Tenant shall have no obligation to remove any dedicated HVAC existing as of the date this Lease was fully executed by this LeaseLandlord and Tenant, shall and (iii) deliver to Landlord any all 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, Tenant shall remove all of its unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than the expiration date or earlier termination of the Lease) remove such trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by 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 Tenant’s expense and/or dispose cost without notice to Tenant and without any obligation to account for such items. The provisions of this Section 21 shall survive the expiration or earlier termination of the same in any manner permitted by lawLease.

Appears in 1 contract

Samples: Office Lease Agreement (Guidewire Software, Inc.)

Surrender of Premises. Upon (a) Notwithstanding anything to the Expiration Date or earlier termination of this contrary contained in the Lease, Tenant shall quietly Xxxxxx hereby agrees to vacate, surrender and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion exclusive possession of the Project, and shall provide to Landlord the combination or code of locks Premises on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date Termination Date. The parties acknowledge and agree that Xxxxxx's timely vacation, surrender and delivery of the Premises are of the upmost importance to Landlord, and if Tenant fails to do so, Xxxxxxxx will suffer both calculable and incalculable damages thereby. Accordingly, if Tenant fails to timely vacate, surrender and deliver to Landlord exclusive possession of the Premises on or earlier termination of this before the Termination Date, then, notwithstanding anything to the contrary contained herein and in the Lease, and in addition to all other rights and remedies available to Landlord under the Lease or at law or in equity, the parties acknowledge and agree that Tenant shall not be entitled to the Termination Fee (defined below), and Landlord shall have no obligation to pay the Termination Fee or any portion thereof to Tenant. Further, if Xxxxxx fails to vacate, surrender and deliver to Landlord exclusive possession of the Premises on or before the DOCPROPERTY "Footer Notes" 2001 DC STATIONLease Termination AgreementSpruce Biosciences, Inc. Termination Date, then, notwithstanding anything to the contrary contained herein and in the Lease, and in addition to all other rights and remedies available to Landlord under the Lease or at law or in equity, the parties acknowledge and agree that Tenant shall be deemed to be a tenant at sufferance holding over in the Premises without Landlord's consent, and Landlord shall be entitled, at its cost and expenseoption, shall remove all to one or more of its personal property from the Premises and repair all damage to following remedies: (i) specific performance of the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case terms of Lines exclusively serving this Agreement; (ii) recovery of possession of the Premises; (iii) recovery of all unpaid Base Rent, anywhere Additional Rent and other charges due under the Lease; and/or (iv) all other remedies under the Lease or at law or in the Projectequity, including, without limitation, the Building plenumrecovery of all damages, risers losses, liabilities, expenses and all conduitscosts (including attorneys' fees and legal costs) incurred by Landlord as a result of Tenant's failure to vacate, surrender and repair all damage deliver to the Project caused by such removal as follows: (i) in the case Landlord exclusive possession of the expiration of the Term, Tenant shall remove such Lines and repair such damage Premises on or before the Expiration Termination Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Office Lease Agreement (Spruce Biosciences, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all 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 Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord’s rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Akoustis Technologies, Inc.)

Surrender of Premises. Upon At the Expiration Date expiration of the Term or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord (a) in the good condition called for and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include 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, shall deliver or any damage or deterioration due to Landlord any keys to the Premisesor associated with prolonged hours regularly exceeding twelve (12) hours per day, non-office use other than light manufacturing, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, 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 Premisesunusual occupancy factors. On or before the Expiration Date expiration 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may, by notice to Tenant given at the time of approval thereof, if Tenant requested at such Lines and repair time that Landlord indicate whether removal would be required or, if Tenant failed to make such damage promptly after receipt request, then 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 from shall be required), require Tenant, at Tenant’s expense, to remove, and (iii) the Removable TIs, to the extent Landlord requiring has advised Tenant on or about the time that the Tenant Improvements were installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the “Removable TIs”), and Tenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and repairother 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 Lines 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 removed pursuant Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Landlord may elect to this Section take responsibility to remove any such wiring or cabling installed above the ceiling or beneath the floors of the Premises, in which case Tenant shall become pay Landlord for the actual cost incurred by Landlord therefor, (together with a five percent (5%) supervision/administration fee) within thirty (30) days after being billed for the same. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove, shall remain in the Premises as the property of Landlord (without payment by 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 good condition accordance with said provisions. Tenant shall indemnify, defend and working order, lien free, hold the Indemnitees (hereafter defined) harmless from 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 against any and all Claims (defined below) (x) arising from any delay by Tenant and Landlord mayin so surrendering the Premises including, without limitation, any liability 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. Notwithstanding anything to the contrary herein, Tenant for loss or damage thereto or loss shall, within twenty-four (24) hours after the expiration of use thereofthis Lease, store such property in Tenant’s name at Tenant’s expense and/or dispose 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, that Tenant shall not remove such Cabling if Tenant receives a written notice from Landlord at least fifteen (15) days prior to the expiration of the same Lease authorizing such Cabling to remain in any manner permitted by lawplace, in which event the Cabling shall be surrendered with the Premises upon the expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Vnus Medical Technologies Inc)

Surrender of Premises. Upon Notwithstanding anything contained in this First Amendment or in any other provision of the Lease to the contrary, Tenant hereby agrees to surrender possession of the Premises, including, but not limited to, all improvements thereto (excluding trade fixtures and equipment which Tenant is entitled to remove pursuant to the Terms of the Lease, Tenant hereby specifically acknowledging and agreeing that Tenant has no right to remove any supplemental heating, ventilation or air conditioning equipment installed in or upon, or serving, the Premises), no later than five o'clock (5:00) p.m. eastern standard time on the Expiration Date or earlier termination as amended hereby (i.e,; December 19, 1997) in accordance with all terms and conditions of this the Lease, Tenant shall quietly free and peacefully surrender the Premises to Landlord clear of all tenancies and occupancies, "broom clean" and otherwise in the condition called for by this required under the Lease, shall deliver to 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 PremisesTHE TENANT HEREBY WAIVING ANY AND ALL NOTICES TO QUIT PROVIDED FOR IN THE LEASE OR PURSUANT TO CURRENT OR FUTURE LAW. 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Termamended hereby), Tenant shall also (a) return to the Landlord all keys, all parking passes or other access devices (if any) then in the possession, custody or subject to the control of the Tenant, and (b) remove such Lines all personal property of the Tenant and repair such damage any alterations or leasehold improvements which the Tenant is required to remove from the Premises. Sections 17 and 18 of the Lease shall apply to Tenant's surrender of the Premises as if December 19, 1997 was the original Expiration Date of the Lease. If Tenant fails to surrender the Premises as required hereby on or before December 19, 1997, Tenant's failure to surrender the Expiration DatePremises shall be considered an Event of Default under the Lease, unless and Landlord notifies may pursue any remedy available to it under the terms of the Lease or at law or in equity. Without limiting the preceding sentence, Tenant hereby agrees that, if Tenant fails to surrender possession of the Premises in accordance with this Section 5 on or before December 19, 1997, (a) the Tenant shall pay to the Landlord as damages for the Tenant, at least thirty 's holdover a monthly sum (30pro-rated on a daily basis for any partial month of holdover) days equal to two hundred percent (200%) of the Base Rent in effect immediately prior to the Expiration Date, that and (b) the Tenant shall defend, indemnify and hold the Landlord harmless from and against any and all claims, costs, damages, expenses, fees, liabilities or suits asserted against or incurred by the Landlord as a direct or indirect result of such Lines holdover. If Tenant fails for any reason to surrender possession of the Premises in accordance with the provisions of this Section 5 on or before 5:00 p.m. on December 27, 1997, then, in addition to Landlord's remedies as set forth in the preceding sentence, the Surrender Fee set forth in this First Amendment shall be surrendered with the Premises; retained by Landlord as additional liquidated damages, and, at Landlord's option, this First Amendment may be declared null and (ii) in the case void ab initio. Tenant specifically acknowledges and agrees that no provision of the earlier termination of Lease (including, but not limited to Section 34 thereof) or applicable law shall be deemed to extend the dates set forth in this LeaseSection 5, or to excuse or relieve Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not liability as set forth herein with respect to the failure to timely surrender the Premises as required to be removed pursuant to this Section shall become 5. The Tenant hereby represents and warrants to the property of Landlord (without payment by Landlord)that the Tenant has not brought, and shall be surrendered stored or used any hazardous or toxic substances, materials or wastes in good condition and working orderor upon the Premises, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of nor has the Tenant not removed hereunder shall be deemed, at Landlord’s option, suffered any other person or entity to be abandoned by Tenant and Landlord may, without do any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawsame.

Appears in 1 contract

Samples: Tcsi Corp

Surrender of Premises. Upon Section 15.01. Tenant shall, upon the Expiration Date expiration or earlier termination of this Lease for any reason whatsoever, surrender to Landlord the buildings, structures and building equipment then upon the Demised Premises, together with all alterations and replacements thereof then on the Demised Premises, in the same good order, condition and repair, that the Demised Premises are in on the completion of the construction contemplated hereby, except for reasonable and ordinary wear and tear. (Wherever the term “reasonable and ordinary wear and tear” is used in this Lease, it should be understood to contemplate that Tenant will have performed a reasonable maintenance program during the term hereof.) At the expiration of termination of this Lease for any reason whatsoever, Landlord shall have the right, at Landlord’s sole cost and expense, to inspect the Demised Premises through an independent licensed engineer and/or contractor in order to determine that all portions of the Demised Premises are in such good condition, ordinary wear and tear excepted. Any repairs deemed necessary in the opinion of the inspecting agent may be paid for out of proceeds of the Security Deposit. Title to all of Tenant’s trade fixtures, furniture and equipment (other than building equipment) installed in the Demised Premises shall remain in Tenant, and upon expiration or other termination of this Lease, the same may and, upon the demand of Landlord, shall be removed and any resultant damage to the Demised Premises shall be repaired, by and at the expense of Tenant; provided, however, that if, upon any such expiration or other termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord be delinquent or in the condition called for by this Lease, shall deliver to Landlord default under 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Termprovisions hereof, Tenant shall not, without Landlord’s prior written consent, be entitled to remove any such Lines trade fixtures, furniture or equipment unless and repair until such damage on delinquency or before the Expiration Datedefault shall have been cured, unless Landlord notifies Tenant, at least and if such delinquency or default shall not have been cured by Tenant within thirty (30) days prior to after the Expiration Datedate of such expiration or termination, that all such Lines shall be surrendered with the Premises; trade fixtures, furniture and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property equipment of Tenant not removed hereunder shall be deemedshall, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss become the absolute property of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawLandlord.

Appears in 1 contract

Samples: Lease Agreement (Asbury Automotive Group Inc)

Surrender of Premises. Upon On the Expiration Date expiration of the Term or earlier sooner termination of this Lease, Tenant shall quietly shall, at Tenant’s sole cost, (a) promptly and peacefully peaceably surrender the Premises to Landlord “broom clean,” in good order and condition, (b) repair any damage to the Property caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner all holes and other marks in the condition called floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction, and (d) deliver all keys and access cards to the Premises to Landlord, Before surrendering the 72 ,unless Tenant first obtains a judicial order expressly authorizing Tenant to do so pursuant to a judicial proceeding, notice of which has been given to Landlord by personal service as required by the Utah Rules of Civil Procedure for such proceeding. If after all of the required notices have been given and all of the time periods for cure have expired under the foregoing portion of this Paragraph, neither Landlord nor such holder has performed such obligation, then Tenant may, after at least five (5) business days’ prior written notice to Landlord, in compliance with the provisions of Paragraphs 9.2(a), (b) and (f) (excluding any required Landlord approval) and subject to all other applicable provisions of this Lease (other than Paragraphs 9.2(c), (d), (e) and (g)), perform such obligation in a first-class and workmanlike manner. Nevertheless, even in such event, Tenant still may not terminate this Lease or withhold the payment of rent or other charges provided for in this Lease as a result of Landlord’s default, unless Tenant first obtains a judicial order expressly authorizing Tenant to do so pursuant to a judicial proceeding, notice of which has been given to Landlord by personal service as required by the Utah Rules of Civil Procedure for such proceeding Premises, Tenant shall, at Tenant’s sole cost, remove Tenant’s personal property73 and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the Premises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises without Landlord’s prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall deliver have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision). Landlord may require Tenant to Landlord remove any keys personal property, trade fixtures, other property, alterations, additions and improvements made to the PremisesPremises by Tenant or by Landlord for Tenant including, without limitation, any computer lines, wiring, cabling and facilities and other similar improvements, and to restore the Premises to their condition as of the Commencement Date74. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises75 or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other portion person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. No surrender of the ProjectPremises shall be effected by Landlord’s acceptance of the keys or of the rent or by any other means without Landlord’s written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant’s obligations under this Lease in connection with surrender of the Premises76 until Landlord has inspected the Premises and delivered to Tenant a written release77. 73 (including furniture, equipment and appliances owned by Tenant, but excluding any items paid for by Landlord directly or through any tenant improvement allowance) 74 ; provided, however, that notwithstanding the foregoing to the contrary, Tenant shall have no obligation to remove the improvements made by Landlord pursuant to the attached Exhibit C, and except as otherwise expressly required by this Lease (for example purposes only, in Paragraph 19.2 regarding signage). Tenant shall provide have no obligation to Landlord remove any other improvements made by Tenant with Landlord’s prior written consent unless Landlord’s consent to make such alterations was expressly conditioned on Tenant’s removing such alterations at the combination expiration of the Term or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier sooner termination of this Lease, Tenantexcept that, at its cost and expensein all events, shall unless Landlord otherwise consents in writing. Tenant must remove all of its computer lines, wiring and cabling associated with Tenant’s 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 that are located within above the Premises or, ceiling tile in the case Premises. If Landlord determines that such computer lines, wiring and cabling can be reused by the next subsequent tenant of Lines exclusively serving the Premises, anywhere Landlord shall notify Tenant of such determination within fifteen (15) business days following receipt of written request from Tenant, which request may be made by Tenant at any time during the final ninety (90) days of the Term, and Tenant shall not be required to remove such computer lines, wiring and cabling. If Landlord fails to respond to Tenant within such fifteen (15) day period. Landlord shall be deemed to have withheld its consent to such computer lines, wiring and cabling remaining in the Project, including, without limitation, the Building plenum, risers and all conduitsPremises, and repair all damage to the Project caused by Tenant shall remove such removal as follows: (i) in the case of computer lines, wiring and cabling at the expiration of the Term, Tenant shall remove Term or sooner termination of this Lease 75 (as such Lines and repair such damage on or before abandonment is described in Paragraph 16.1) 76 at the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case expiration of the earlier Term or sooner termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Office Lease (CHG Healthcare Services, Inc.)

Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in good condition, except for ordinary wear and tear and any casualty or condemnation damage not required to be repaired or restored by Tenant pursuant to the condition called for by terms of this Lease. All Alterations (including the Work) shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease unless Landlord, at the time that Landlord consented to such Alteration, indicated that such Alteration must be removed upon the expiration or termination of the Lease Term in which case Tenant shall deliver remove such Alteration and repair any resulting damage at Tenant’s sole expense. Notwithstanding the foregoing, if Tenant initially builds out the Premises to serve as its corporate headquarters or otherwise builds out the Premises so that at least [***] of the Rentable Area is built out as traditional office space, Landlord shall not have the right to require Tenant to remove any keys of the Work except that Landlord may require Tenant to remove (and repair any damage caused by such removal) any of the Premises, or following: (i) structural penetrations such as interior stairways (but not floor outlets); (ii) any data rooms in excess of 10,000 square feet; (iii) any kitchen/food preparation area in excess of 2,000 square feet; and (iv) any other portion of the Projectitems specifically addressed in Sections 8.02, 8.05, 9.04 and 9.05, Article 26, and shall provide to Landlord the combination Addendum 5 of this Lease. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or code of locks on all safes, cabinets, vaults and security systems installed by Tenant at its expense in the Premises. On or before Premises shall be and remain the Expiration Date property of Tenant; and upon the expiration or earlier termination of this Lease, TenantTenant shall, at its cost and sole expense, shall remove all of its personal property from such items and repair any damage to the Premises and repair all damage to or the Project caused by such removal. In addition, Tenant, at its cost and expense, shall If Tenant fails to remove all Lines installed by any such items or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt the expiration or earlier termination of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)Lease, and shall be surrendered in good condition and working order, 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 but need not, do so with no liability to Tenant, and Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of shall pay Landlord the same in any manner permitted by lawcost thereof upon demand.

Appears in 1 contract

Samples: Office Lease (McData Corp)

Surrender of Premises. Upon On the Expiration Date expiration of the Term or earlier sooner termination of this Lease, Tenant shall quietly shall, at Tenant’s sole cost, (a) promptly and peacefully peaceably surrender the Premises to Landlord “broom clean,” in good order and condition, (b) repair any damage to the Property caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner all holes and other marks in the condition called floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction, and (d) deliver all keys and access cards to the Premises to Landlord. Before surrendering the 72 , unless Tenant first obtains a judicial order expressly authorizing Tenant to do so pursuant to a judicial proceeding, notice of which has been given to Landlord by personal service as required by the Utah Rules of Civil Procedure for such proceeding. If after all of the required notices have been given and all of the time periods for cure have expired under the foregoing portion of this Paragraph, neither Landlord nor such holder has performed such obligation, then Tenant may, after at least five (5) business days’ prior written notice to Landlord, in compliance with the provisions of ‘Paragraphs 9.2(a), (b) and (f) (excluding any required Landlord approval) and subject to all other applicable provisions of this Lease (other than Paragraphs 9.2(c), (d), (e) and (g)), perform such obligation in a first-class and workmanlike manner. Nevertheless, even in such event, Tenant still may not terminate this Lease or withhold the payment of rent or other charges provided for in this Lease as a result of Landlord’s default, unless Tenant first obtains a judicial order expressly authorizing Tenant to do so pursuant to a judicial proceeding, notice of which has been given to Landlord by personal service as required by the Utah Rules of Civil Procedure for such proceeding Premises, Tenant shall, at Tenant’s sole cost, remove Tenant’s personal property73 and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the Premises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises without Landlord’s prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall deliver have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision). Landlord may require Tenant to Landlord remove any keys personal property, trade fixtures, other property, alterations, additions and improvements made to the PremisesPremises by Tenant or by Landlord for Tenant including, without limitation, any computer lines, wiring, cabling and facilities and other similar improvements, and to restore the Premises to their condition as of the Commencement Date74, All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises75 or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other portion person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. No surrender of the ProjectPremises shall be effected by Landlord’s acceptance of the keys or of the rent or by any other means without Landlord’s written acknowledgement of such acceptance as a surrender, Tenant shall not be released from Tenant’s obligations under this Lease in connection with surrender of the Premises76 until Landlord has inspected the Premises and delivered to Tenant a written release77. 73 (including furniture, equipment and appliances owned by Tenant, but excluding any items paid for by Landlord directly or through any tenant improvement allowance) 74 ; provided, however, that notwithstanding the foregoing to the contrary. Tenant shall have no obligation to remove the improvements made by Landlord pursuant to the attached Exhibit C, and except as otherwise expressly required by this Lease (for example purposes only, in Paragraph 19.2 regarding signage), Tenant shall provide have no obligation to Landlord remove any other improvements made by Tenant with Landlord’s prior written consent unless Landlord’s consent to make such alterations was expressly conditioned on Tenant’s removing such alterations at the combination expiration of the Term or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier sooner termination of this Lease, Tenantexcept that, at its cost and expensein all events, shall unless Landlord otherwise consents in writing, Tenant must remove all of its computer lines, wiring and cabling associated with Tenant’s 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 that are located within above the Premises or, ceiling tile in the case Premises. If Landlord determines that such computer lines, wiring and cabling can be reused by the next subsequent tenant of Lines exclusively serving the Premises, anywhere Landlord shall notify Tenant of such determination within fifteen (15) business days following receipt of written request from Tenant, which request may be made by Tenant at any time during the final ninety (90) days of the Term, and Tenant shall not be required to remove such computer lines, wiring and cabling. If Landlord fails to respond to Tenant within such fifteen (15) day period, Landlord shall be deemed to have withheld its consent to such computer lines, wiring and cabling remaining in the Project, including, without limitation, the Building plenum, risers and all conduitsPremises, and repair all damage to the Project caused by Tenant shall remove such removal as follows: (i) in the case of computer lines, wiring and cabling at the expiration of the Term, Tenant shall remove Term or sooner termination of this Lease 75 (as such Lines and repair such damage on or before abandonment is described in Paragraph 16.1) 76 at the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case expiration of the earlier Term or sooner termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Office Lease (CHG Healthcare Services, Inc.)

Surrender of Premises. Upon the Expiration Date or earlier At termination of this Leaseor any renewal term, Tenant agrees to deliver the Demised Premises in the same condition as received by it on the Commencement Date, (subject to the removals hereinafter required), reasonable wear and tear excepted, and shall quietly and peacefully surrender all keys for the Demised Premises to Landlord in at the condition called place then fixed for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion payment of the Project, Rent and shall provide to inform Landlord the of all combination or code of locks on all safeslocks, cabinetssafes and vaults, 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 that are located within the Premises orif any, in the case Demised Premises. Tenant agrees to pay $5.00 for each key not returned under the terms of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies this paragraph. Tenant, at least during the last thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case expiration of the earlier term of this Lease, shall remove all its trade fixtures, including the removal of its sign from the Building fascia, if any, and all window graphics as required in Article 3.4 and, to the extent required by Landlord by written notice, any other installations, alterations or improvements provided herein, before surrendering the Demised Premises as aforesaid. In addition to the above, within thirty (30) days after the expiration or sooner termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, remove all telephone, telecommunication, satellite reception, computer network, and Tenant specific electrical wiring installed by Tenant during the term of this Lease in the Demised Premises or anywhere in the Building or the Business Center outside of the Demised Premises, including, without limitation, the plenums or risers of the Building (collectively, “Tenant Wiring”). Notwithstanding the preceding, Landlord reserves the right to elect by written notice to Tenant prior to the termination of the Lease to retain all or part of Tenant Wiring (“Landlord’s Wiring Election”). Tenant shall confirm that Landlord has been provided with the most recent Tenant Wiring Plan, as hereinafter defined in Article 4.4, and shall covenant to Landlord that Tenant is the sole owner of Tenant Wiring, has the right to surrender Tenant Wiring free of all liens and encumbrances, and that Tenant Wiring is in good condition, in working order, properly labeled, capped and sealed in proper junction boxes, and in safe condition. In the event Landlord’s Wiring Election does not include all of Tenant Wiring, Tenant shall remove such Lines portion of Tenant Wiring excluded from Landlord’s Wiring Election, which removal shall be in accordance with all City of Fort Xxxxxxx code regulations, shall be in accordance with the latest edition of the National Electrical Code (NEC) as promulgated periodically by the National Fire Protection Association (NFPA), and repair such damage promptly after receipt shall be completed without damaging or limiting the functionality of a notice from Landlord requiring such removal and repair. Any Lines not required any Tenant Wiring to be removed retained in the Building pursuant to Landlord’s Wiring Election. Tenant’s obligation to observe or perform under this Section covenant shall survive the expiration or other termination of the Lease term. Tenant shall be responsible for the cost to repair any damage to the Demised Premises caused by Tenant’s removal of its trade fixtures and Tenant Wiring. Furthermore, any items remaining in the Demised Premises on the termination date of this Lease shall be deemed abandoned for all purposes and shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or the latter may dispose of the same without liability of any type or nature. In the event that Tenant fails or refuses to observe or perform the obligations set forth in this Article 4.3, Landlord may remove any manner permitted or all of Tenant Wiring and restore the Demised Premises or the Building, as the case may be, to their condition prior to the installation of Tenant Wiring, and apply all or any portion of Tenant’s Security Deposit toward the payment of any costs or expenses incurred by lawLandlord to satisfy Tenant’s obligations. The retention or application of Tenant’s Security Deposit by Landlord shall not constitute a limitation on or waiver of Landlord’s right to seek further remedy under law or equity.

Appears in 1 contract

Samples: Lease Agreement

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 or earlier termination of this Lease, as promptly as commercially practicable thereafter (but in any event within thirty (30) days thereafter during which Tenant shall quietly and peacefully be liable for holdover rent pursuant to Section 30 hereof)), Tenant shall surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, including all Alterations constructed by Tenant therein (other than Alterations that Tenant is required to remove in accordance with Section 14 below), with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other portion of than subtenants under subleases as in effect on the Projectdate hereof) and in compliance with Laws (including, without limitation, Environmental Laws) to the extent required by Section 12 and Section 28, and shall provide in as good (or better) condition and repair as is required pursuant to Landlord Section 11, reasonable wear and tear and damage from fire or other casualty excepted. For the combination avoidance of doubt, to the extent there is any safe or code of locks on all safes, cabinets, vaults and security systems bank vault in the Premises, Tenant shall have no obligation to remove such safe or vault; provided further that Tenant shall not remove any safe or vault without Landlord’s prior written consent. On Any of Tenant’s Personal Property installed or before placed on the Expiration Date Premises by Tenant or earlier any subtenant or assignee of 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. If Landlord shall not so elect, Tenant, at its cost and expense, shall Landlord may remove all of its personal such property from the Premises and have it stored or disposed of at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless by Landlord notifies Tenant, at least thirty (30) days prior except to the Expiration Date, that such Lines shall be surrendered with extent caused by the Premises; and (ii) in the case gross negligence or willful misconduct of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Lease Agreement (Atlantic Union Bankshares Corp)

Surrender of Premises. Upon the Expiration Date or earlier termination of this LeaseLease Termination, Tenant shall quietly and peacefully surrender the Premises to Landlord free of deferred maintenance in the broom clean, good condition called for and repair, normal wear and tear excepted (provided that normal wear and tear shall not include any wear and tear that could have been avoided by this Leaseprudent maintenance nor shall it include wear and tear which has reached a point where an item is an economically practical matter ought to be replaced rather than repaired) including, shall deliver to Landlord any keys without limitation, with (i) originally painted interior walls washed, or repainted if marked or chipped, (ii) other interior walls cleaned, repaired or replaced, (iii) all carpets cleaned and in good condition, (iv) all electrical, gas, steam, water, lighting, plumbing, sewer, mechanical and air conditioning, ventilating and heating systems and every part thereof inspected and in good operating condition and repair, (v) all exterior walls, roof and roofing, drop ceilings, plate glass, windows, doors, driveways, paving, concrete, landscaping, lighting, in good condition and repair, (vi) all Tenant Improvements (or their replacements) and other Alterations and every part thereof in good operating condition and repair, and (vii) all floors cleaned, all to the Premisesreasonable satisfaction of Landlord. Upon demand, or Tenant shall reimburse Landlord for the cost of repairing 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 removalPremises. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within If the Premises orare not surrendered at Lease Termination as required by this Section 11.5, in Tenant shall indemnify Landlord against claims, loss or liability resulting from Tenant's failure to comply with the case provisions of Lines exclusively serving the Premises, anywhere in the Projectthis Section 11.5, including, without limitation, any losses reasonably suffered by Landlord due to lost opportunities to lease the Building plenum, risers and all conduits, and repair all damage Premises to the Project caused by such removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repairsucceeding tenants. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 abatement of Rentals, enter the Premises for loss alteration, renovation, or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose decoration during the last thirty days of the same in any manner permitted by lawLease Term if Tenant has removed substantially all of Tenant's personal property and has ceased using the Premises for the operation of its business therein.

Appears in 1 contract

Samples: Handspring Inc

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all 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 Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by 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 Tenant’s expense and/or dispose cost without 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 same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Office Lease Agreement

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in reasonably good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty, as to Landlord in which Sections 14 and 15 shall control) excepted and except for repairs and maintenance that are not Tenant’s obligations under the condition called for by this Lease, and shall deliver to Landlord any all keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on . Tenant may remove all safes, cabinets, vaults and security systems Tenant’s Property placed in the PremisesPremises or elsewhere in the Project by Tenant. On or before Notwithstanding the Expiration Date or earlier termination of this Leaseforegoing, TenantTenant must remove (a) all intensive cabling and wiring (i.e., at its cost other than typical in-wall office wiring) within 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 that are located within (whether as part of the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduitsWork or otherwise), and repair all damage (b) any supplemental HVAC units installed by or for Tenant, along with the associated wiring and plumbing, and restore any penetrations to the Project caused building to its original condition using vendors required by such removal as follows: (i) in the case of the expiration of the Term, Landlord to maintain warranties. If Tenant shall fails to remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, any property that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not it is required to be removed remove pursuant to this Section shall become 21 and such failure remains uncured on the date that is 20 days after Tenant’s receipt of written notice thereof from Landlord, including any of the property of described above, Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedmay, at Landlord’s option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items 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; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be abandoned performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations hereunder (including collection costs and attorneys’ fees), plus interest thereon at the Default Rate, or (3) elect any of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. Tenant shall not be required to remove any alterations, installations or improvements which do not exceed or differ in any material respect from customary, standard type of installations or improvements for general, executive and administrative offices in the Project; however, Tenant may be required by Landlord to remove any specialty alterations, additions or improvements (which may include laboratories, server rooms, data centers, cafeterias, kitchens, serveries and other areas where food is prepared or served, computer rooms, specialty ceilings and lights, and any items that would have above-average demolition and/or restoration costs), in each case, if and limited to such items that Landlord shall specifically identify in writing to Tenant as “Specialty Alterations” ("Specialty Alterations") contemporaneously with Landlord’s notice of approval to Tenant (or, if such alteration does not require Landlord’s consent, then within ten days after receipt of notice from Tenant of Tenant’s intent to complete such alteration) with respect to the Specialty Alterations in question, whether Landlord will require Tenant to remove such Specialty Alterations prior to the expiration of the Term. Further, and notwithstanding anything in this Lease to the contrary, in all cases Tenant (at Landlord’s option) shall be required to remove, and to restore the Premises or Project, as applicable, to their previous condition, any alterations that are (1) identified as such by Landlord pursuant to the preceding sentence, (2) any internal stairwell other than the stairwell for the Building, or (3) except to the extent Landlord has expressly stated otherwise in writing, all of Tenant’s Off-Premises Equipment, including any supplemental HVAC equipment located outside of the Premises, Rooftop Equipment, etc. (all such items in this sentence being "Mandatory Removal Items"). The provisions of this Section 21 shall survive the end of the Term with respect to any Mandatory Removal Items not removed by Tenant and identified in a notice from Landlord may, without any liability to Tenant for loss or damage thereto or loss within 180 days of use thereof, store such property in Tenant’s name at surrender of Premises; provided that, in all events, Tenant shall be required to remove any internal stairwells installed by Tenant in the Premises within 60 days of Tenant’s expense and/or dispose surrender of the same in Premises. Notwithstanding the foregoing, if at any manner permitted by lawtime Landlord shall provide written notice to Tenant that Landlord desires for or shall allow Tenant to forego removing any specific Mandatory Removal Item(s), Landlord shall not be entitled to subsequently require removal of such specific Mandatory Removal Item at any time thereafter, regardless of any applicable survival period.

Appears in 1 contract

Samples: Lease Agreement (Blucora, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term and broom-clean, condemnation and Casualty damage not caused by Tenant (as to Landlord in the condition called for by this Leasewhich Sections 15 and 16 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion wiring or cabling unless Landlord requires such removal). At Landlord’s option, but subject to the provisions of the ProjectSection 8(a) above, Tenant shall remove such alterations, additions, improvements, trade fixtures (and appurtenances thereto), personal property, equipment, and shall provide to furniture as Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premisesmay request. On or before the Expiration Date or earlier termination of this Lease, TenantIn addition, at its Landlord’s sole option, Tenant shall, at Tenant’s sole cost and expense, shall either (1) remove all of its personal property from wiring, conduits and cabling located in the Premises (collectively, “Cabling”) in accordance with applicable Laws and/or (2) leave all Cabling in good operating condition and repair, properly terminated and identified for future use in accordance with applicable Laws. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 22 shall survive the end of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Solyndra, Inc.)

Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called as on the date Tenant took possession (a) except for reasonable wear and tear, loss by this Lease, shall deliver to Landlord any keys to the Premises, fire or any other portion of the Projectcasualty 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. Tenant’s Property shall provide to Landlord be and shall remain the combination or code property of locks on all safesTenant and may be removed by Tenant at any time during the Term; provided that, cabinetsif any of Tenant’s Property is removed, 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, Tenant shall remove all of its personal property from the Premises and promptly repair all any damage to the Project caused by Premises or to the Building resulting from such removal. In additionIf Tenant 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 its cost and expenseLandlord’s option, title shall pass to Landlord under this Lease as by a bxxx of sale. If Landlord elects to remove all Lines installed by or for Tenant that are located within any part of such Tenant’s Property, the Premises orreasonable cost of removal, in the case storage and disposal of Lines exclusively serving the Premises, anywhere in the ProjectTenant’s Property, including, without limitation, the Building plenum, risers and all conduits, and repair all repairing any damage to the Project Premises or Building caused by such removal as follows: (i) removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises, the Building and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in the case 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, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenanthas specifically requested in writing that the Telecom Wiring shall remain, at least thirty (30) days prior to whereupon the Expiration Date, that such Lines Telecom Wiring shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Premises as 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 Tenant’s expense and/or dispose of the same in any manner permitted by lawproperty.

Appears in 1 contract

Samples: Office Lease (HF Enterprises Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term (unless caused by Landlord, its employees, agents or contractors), in broom-clean condition including cleaning of interior surface of all walls, flooring, ceiling and/or any roof deck due to Landlord in the condition called for Tenant’s specific use (with such cleaning by this Leasecommercial cleaning application as approved by Landlord), reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Tenant will remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion of wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option as described in Section 8(a), Tenant shall (not later than ten (10) days after 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 expiration or earlier termination of this the Lease) remove such Specialty Alterations, as well as wiring, conduits, or cabling installed by Tenant; however, at its cost and expenseTenant shall not be required to remove the initial Tenant Improvements, nor shall Tenant be required to remove all of its personal property from any other improvement or addition to the Premises and or the Project if Landlord has specifically agreed in writing that such other improvement or addition in question need not be removed. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by 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 Tenant’s expense and/or dispose cost without 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 same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 20 shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Zuora Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease or Tenant's right to possess the Premises, Tenant shall (a) deliver to Landlord the Premises broom-clean with all improvements located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the Premises and all access cards to the Project; (c) remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party, including all connections for such cabling, at Tenant's sole cost or, if Landlord so elects, Landlord may perform such removal at Tenant's sole cost, with the cost thereof to be paid to Landlord as Rent (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of this Leasethe Term, to require Tenant shall quietly to abandon and peacefully surrender leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling [including conduit], whether located in the Premises to Landlord or elsewhere in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and if Landlord so elects, Tenant covenants that such cabling shall provide be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or any successor statute, and shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box); and (e) remove such alterations, additions, improvements, and Tenant's Off-Premises Equipment as Landlord may require; however, Tenant shall not be required to Landlord the combination remove any addition 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 improvement to the Premises and or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage to the Project caused by such removalthe removal of the items described above. In addition, If Tenant fails to remove any of the items required to be removed by Tenant, Landlord may, at its cost and expenseLandlord's option, shall remove all Lines installed (1) deem such items to have been abandoned by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitationTenant, the Building plenumtitle thereof shall immediately pass to Landlord at no cost to Landlord, risers and all conduitssuch items 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; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage to the Project caused by such removal as follows: work, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations hereunder (iincluding collection costs and attorneys' fees), plus interest thereon at the Default Rate, or (3) in the case elect any of the expiration actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 21 shall survive the end of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Lease Agreement (Red Mountain Resources, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear, condemnation and Casualty damage and repairs required to be completed by Landlord in the condition called for by this Leaseexcepted, and shall deliver to Landlord any all keys to the Premises. Tenant may remove all trade fixtures, racks, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion of the Project, and shall provide to Landlord the combination wiring 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Datecabling, unless Landlord notifies Tenant, requires such removal of such wiring or cabling by written notice to Tenant at least thirty (30) days prior the time that Landlord consents to the Expiration Dateinstallation thereof, that or, upon written request, consents to such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repairremoval). Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment, and any such items that were permitted to be installed by Tenant without Landlord’s prior written consent pursuant to Section 8(a) hereof) as Landlord may request: however, Tenant shall not be required to remove any of the foregoing (including any wiring, conduit or cabling) which was installed by Landlord, or which Landlord, at the time Tenant obtained consent to install the same, did not specifically instruct Tenant in writing must be removed. Tenant shall repair all damage caused by such removal. Following the Permitted Holdover Period (if any), all items not so removed shell, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord’s rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity inters granted under Section 20(c). The provisions of this Section 22 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Orthofix Medical Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this LeaseLease or Tenant’s right to possess the Premises, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall (a) deliver to Landlord the Premises broom-clean with all improvements located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the Premises, or any other portion of Premises and all access cards to the Project; (c) remove all unattached trade fixtures, furniture (including demountable walls), and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems personal property placed in the Premises. On Premises or before elsewhere in the Expiration Date or earlier termination of this Lease, Tenant, at its cost Project by a Tenant Party and expense, shall remove all of its personal property from unattached equipment located in the Premises and repair all damage to the Project caused (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal. In addition, Tenant, at its cost and expense, shall ); (d) not be required to remove all Lines any cabling (including conduit) installed by or for Tenant that are located within in the Premises or, in the case of Lines exclusively serving the Premises, anywhere or elsewhere in the Project, includingincluding all connections for such cabling, without limitationhowever, such cabling shall be left in a neat and safe condition in accordance with the Building plenumrequirements of all applicable Laws, risers including the National Electric Code or any successor statute, and, if applicable, shall be terminated at both ends of a connector, properly labeled at each end and all conduitsin each electrical closet and junction box; and (e) remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may require and restore the areas surrounding such Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such Tenant’s Off-Premises Equipment; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage to the Project caused by such the removal as follows: (i) in the case of the expiration items described above. If Tenant fails to remove any property, including any of the Termproperty described above, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedmay, at Landlord’s option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items 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; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be abandoned performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord mayon demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations hereunder (including collection costs and attorneys’ fees), without plus interest thereon at the Default Rate, or (3) elect any liability of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. Notwithstanding the requirements of clause (5) above to the contrary, Tenant shall not be required to remove any alterations, installations or improvements constructed inside the Premises as part of the initial Work which do not exceed or differ in any material respect from customary, standard type of installations or improvements for loss general, executive and administrative offices in comparable buildings in the submarket in which the Building is located; however, Tenant may be required by Landlord to remove any non-standard alterations, additions or damage thereto improvements, including laboratories, server rooms, data centers, computer rooms, specialty ceilings, or loss any items that would have above-average demolition costs (“Non-Standard Alterations”).Further, and notwithstanding anything in this Lease to the contrary, in all cases Tenant shall be required to remove, and to restore the Premises or Project, as applicable, to their previous condition, any alterations or relocations of use thereofbase-Building’s Systems, store such property in any improvements or signage incorporating Tenant’s name at or logo, internal stairwells, vaults, raised flooring, any alteration, improvement or equipment not complying with Laws, private offices or other enclosures smaller than 10 feet by 12 feet, and, unless Landlord has expressly stated otherwise in writing, all of Tenant’s expense and/or dispose Off-Premises Equipment, including any supplemental HVAC equipment, rooftop equipment, etc. (all such items in this sentence being “Mandatory Removal Items”). The provisions of this Section 21 shall survive the end of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Mimecast LTD)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good condition, free of Hazardous Materials placed on .the Premises during the Term in violation of Laws, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Tenant may remove all trade fIXtures, or any other portion of the Projectfurniture, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems personal property placed in the PremisesPremises or elsewhere in the Buildings by Tenant (but Tenant may not remove any wiring or cabling unless Landlord requires such removal). On Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord designated in writing for removal as part of or before the Expiration Date or earlier termination in connection with Landlord's approval of this Leaseany applicable plans (including, without limitation, Tenant's Working Drawings, at its cost as set forth in Exhibit D and/or Exhibit J attached hereto (but Landlord shall not unreasonably require removal of customary office fIXtures and expenseimprovements)); however, Tenant shall not be required to remove all of its personal property from any additions, fIXtures or improvements to the Premises and or the Complex if Landlord has not specifically elected in writing that the improvement or addition in question needs to be removed. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated,sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term. 22.

Appears in 1 contract

Samples: HTM Lease Agreement

Surrender of Premises. Upon Section 15.01. Tenant shall, upon the Expiration Date expiration or earlier termination of this Lease for any reason whatsoever, surrender to Landlord the buildings, structures and building equipment then upon the demised premises, together with all alterations and replacements thereof then on the demised premises, in the same good order, condition and repair, that the demised premises are in upon the completion of the construction contemplated hereby, except for reasonable and ordinary wear and tear. (Wherever the term "reasonable and ordinary wear and tear" is used in this Lease, it should be understood to contemplate that Tenant will have performed a reasonable maintenance program during the term hereof.) At the expiration of termination of this Lease for any reason whatsoever, Landlord shall have the right to inspect the demised premises through an independent licensed engineer and/or contractor in order to determine that all portions of the demised premises are in such good condition, ordinary wear and tear excepted. Any repairs deemed necessary in the opinion of the inspecting agent may be paid for out of proceeds of the security deposit. Title to all of Tenant's trade fixtures, furniture and equipment installed in the demised premises shall remain in Tenant, and upon expiration or other termination of this Lease, the same may and, upon the demand of Landlord, shall be removed and any resultant damage to the demised premises shall be repaired, by and at the expense of Tenant; provided, however, that if, upon any such expiration or other termination of this Lease, Tenant shall quietly be delinquent or in default under any of the provisions hereof, Tenant shall not, without Landlord's prior written consent, be entitled to remove any such trade fixtures, furniture or equipment unless and peacefully surrender until such delinquency or default shall have been cured, and if such delinquency or default shall not have been cured by Tenant within thirty (30) days after the Premises date of such expiration or termination, all such trade fixtures, furniture and equipment of Tenant shall, at Landlord's option, be and become the absolute property of Landlord; and provided further, however, that notwithstanding anything contained herein to the contrary, Tenant acknowledges and agrees that any pictures, wall hangings and other artwork, oriental rugs and vending machines located within the demised premises on the Commencement Date shall not be deemed to be the property of Tenant, but instead shall be deemed to be the property of Landlord and shall remain in the condition called for by this Lease, shall deliver to Landlord any keys to demised premises upon 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 expiration 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Lease Agreement (Safeguard Health Enterprises Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion of wiring or cabling unless Landlord requires such removal). Additionally, Tenant shall (not later than ten (10) days after 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 expiration or earlier termination of this the Lease) remove such specific Alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant, ’s Off-Premises Equipment) as Landlord requested in writing (and identified as such at the time Landlord approved Tenant’s Working Drawings as defined in Exhibit D or subject to Landlord’s approval of any Alterations in Section 8A) of Tenant to be removed at the termination of the Lease. Landlord shall give written notice to Tenant of the requirement to remove such items after Tenant submits its cost and expense, shall remove all of its personal property from Working Drawings for the Premises and but commensurate with the approval of the Working Drawings if any such removal is required. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by 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 Tenant’s expense and/or dispose cost without notice to Tenant and without any obligation to account for such items. The provisions of this Section 21 shall survive the expiration or earlier termination of the same in any manner permitted by lawLease.

Appears in 1 contract

Samples: Office Lease Agreement (Triangle Capital CORP)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 15 and 16 shall control) excepted, and shall deliver to Landlord any all 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 Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 21. The provisions of this Section 22 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Luvu Brands, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this LeaseLease or Tenant’s right to possess the Premises, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall (a) deliver to Landlord the Premises broom-clean with all alterations, additions, betterments and improvements (collectively, “Improvements”) located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the PremisesPremises and all access cards to the Project (and shall reimburse Landlord for the then-current replacement cost charged by Landlord for all such keys and access cards that are not returned); (c) remove all unattached trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any other portion of such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) abandon and leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling [including conduit], whether located in the Premises or elsewhere in 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, covenants that such Lines cabling shall be surrendered left in a neat and safe condition in accordance with the Premises; and (ii) in requirements of all applicable Laws, including the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)National Electric Code or any successor statute, and shall be surrendered terminated at both ends of a connector, properly labeled at each end and in good condition each electrical closet and working order, lien freejunction box; and (e) remove such Improvements, and properly labeled with an identification system reasonably approved Tenant’s Off-Premises Equipment as Landlord may require and restore the areas surrounding such Improvements, and Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such Improvements, and Tenant’s Off-Premises Equipment; however, Tenant shall not be required to remove any Improvements to the Premises or the Project if Landlord has specifically agreed in writing that the Improvements in question need not be removed. Tenant shall have the right to remove some or all of the Improvements constituting all or any portion of the Work. Tenant shall repair all damage caused by Landlordthe removal of the items described above. All personal If Tenant fails to remove any property, including any of the property of Tenant not removed hereunder shall be deemeddescribed above, Landlord may, at Landlord’s option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to 22 0000 XXXXXXXX XXXXXXX – XXXXX XXXXXXXX XXXXX, XX 00000 4812-0074-7958.V2 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 security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be abandoned performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord may, without on demand for any liability to Tenant for loss or damage thereto or loss of use thereof, store such property expenses which Landlord may incur in effecting compliance with Tenant’s name obligations hereunder (including collection costs and attorneys’ fees), plus interest thereon at Tenant’s expense and/or dispose the Default Rate, or (3) elect any of the same actions described in any manner permitted by lawclauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Dirtt Environmental Solutions LTD)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term by any Tenant Party, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion of wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall (not later than ten (10) days after 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 expiration or earlier termination of this the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant's Off-Premises Equipment) as Landlord may request. Notwithstanding the foregoing, at its cost and expense, Landlord confirms that Tenant shall not be required to remove all any portion of its personal property from the Premises and as same currently exist on the Execution Date. Tenant shall repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, All items not so removed shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: ten (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (3010) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after Tenant's receipt of a written notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, at Tenant's cost without notice to Tenant and without any liability obligation to Tenant account for loss such items. The provisions of this Section 21 shall survive the expiration or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose earlier termination of the same in any manner permitted by lawLease.

Appears in 1 contract

Samples: Office Lease Agreement (Zix Corp)

Surrender of Premises. Upon a. On the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly immediately (i) quit and peacefully surrender the Premises to Landlord Landlord; (ii) remove from the Premises all of Tenant's Personal Property and repair any damage caused by that removal; (Hi) remove all cable and communications wires (collectively, "Cables," as that term is defined in the condition called for by this Lease2002 National Electric Code, shall deliver Section 800.52) that Tenant installed or caused to Landlord any keys to be installed in horizontal and vertical spaces in the Premises, or in any plenum areas above the Building's ceiling, under any raised floor in the Building, and in any other portion riser and communication areas in the Building; (iv) restore the Premises to their permitted use condition, exclusive of ordinary wear and tear; (v) clean the ProjectPremises, including, but not limited to, all walls, floors, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems carpeting in the Premises. On ; (vi) remove or cause to be removed all debris and rubbish from the Premises; (vii) remove any and all Hazardous Substances from the Premises (except for any Hazardous Substances existing on the Premises before the Expiration Date date of this Lease); (viii) execute any requested bills of sale for Premises Alterations permitted by Landlord to remain in the Premises, free of any and all liens and encumbrances; (ix) surrender any keys, electronic ID cards, and other access control devices to Landlord at the place then fixed for the payment of Rent; and (x) perform all other obligations required of Tenant under the terms of this Lease (e.g., removal of Premises Alterations if required by Landlord, as provided in Section 10.b above). If Tenant fails to remove any of its Personal Property on the expiration or earlier termination of this Lease, Tenantthen all remaining Personal Property located in the Premises shall conclusively be deemed abandoned, and Landlord may, at its cost option, remove that Personal Property in any manner that Landlord shall choose, and expensestore the Personal Property, shall remove without liability to Tenant for loss of the Personal Property. Tenant agrees to pay Landlord on demand any and all expenses incurred in this removal and storage 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Projectabandoned Personal Property, including, without limitation, court costs and attorneys' fees and storage charges for any length of time that the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: Personal Property is in Landlord's possession. If Tenant does not both (i) claim and take delivery of any of Tenant's Personal Property that remains in the case of Premises or in storage within ten (10) days after the expiration or earlier termination of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; this Lease and (ii) in the case pay Landlord all amounts due under this Lease and all costs of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property storage of Landlord (without payment by Landlord)that Personal Property, and shall be surrendered in good condition and working order, 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 then Landlord may, at its option, without notice, sell the Personal Property at private sale and without legal process, for any liability to Tenant for loss or damage thereto or loss of use thereofprice that Landlord may obtain, store such property in Tenant’s name at Tenant’s expense and/or dispose and apply the proceeds of the same in sale to any manner permitted by lawamounts due under this Lease from Tenant to Landlord and to the expenses incident to the removal and sale of the Personal Property.

Appears in 1 contract

Samples: One Countryside Place (Payment Data Systems Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease or Tenant’s right to possess the Premises, Tenant shall (a) deliver to Landlord the Premises broom-clean with all improvements located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the Premises and all access cards to the Project (and shall reimburse Landlord for the then-current replacement cost charged by Landlord for all such keys and access cards that are not returned); (c) remove all unattached trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party, including all connections for such cabling, at Tenant’s sole cost or, if Landlord so elects, Landlord may perform such removal at Tenant’s sole cost, with the cost thereof to be paid to Landlord as Rent (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of this Leasethe Term, to require Tenant shall quietly to abandon and peacefully surrender leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling [including conduit], whether located in the Premises to Landlord or elsewhere in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to if 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Termso elects, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, covenants that such Lines cabling shall be surrendered left in a neat and safe condition in accordance with the Premises; and (ii) in requirements of all applicable Laws, including the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)National Electric Code or any successor statute, and shall be surrendered terminated at both ends of a connector, properly labeled at each end and in good condition each electrical closet and working orderjunction box); and (e) remove such alterations, lien freeadditions, improvements, and properly labeled with an identification system reasonably approved Tenant’s Off- Premises Equipment as Landlord may require and restore the areas surrounding such alterations, additions, improvements, and Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such alterations, additions, improvements, and Xxxxxx’s Off-Premises Equipment; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by Landlordthe removal of the items described above. All personal If Tenant fails to remove any property, including any of the property of Tenant not removed hereunder shall be deemeddescribed above, Landlord may, at Landlord’s option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items 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; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be abandoned performed by Tenant hereunder, and repair all damage caused by such work, and Xxxxxx shall reimburse Landlord mayon demand for any expenses which Landlord may incur in effecting compliance with Xxxxxx’s obligations hereunder (including collection costs and attorneys’ fees), without plus interest thereon at the Default Rate, or (3) elect any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same actions described in any manner permitted by law.clauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 21 shall survive the end of the Term. 19 7272 Old Town 0000 Xxxx Xxxxxx Xxxxxx Xxxx Scottsdale, Arizona 85251

Appears in 1 contract

Samples: Lease Agreement (Signing Day Sports, Inc.)

Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called as on the date Tenant took possession (a) except for reasonable wear and tear, loss by this Lease, shall deliver to Landlord any keys to the Premises, fire or any other portion of the Projectcasualty 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. Tenant’s Property shall provide to Landlord be and shall remain the combination or code property of locks on all safesTenant and may be removed by Tenant at any time during the Term; provided that, cabinetsif any of Tenant’s Property is removed, 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, Tenant shall remove all of its personal property from the Premises and promptly repair all any damage to the Project caused by Premises or to the Building resulting from such removal. In additionIf Tenant 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 its cost and expenseLandlord’s option, title shall pass to Landlord under this Lease as by a xxxx of sale. If Landlord elects to remove all Lines installed by or for Tenant that are located within any part of such Tenant’s Property, the Premises orreasonable cost of removal, in the case storage and disposal of Lines exclusively serving the Premises, anywhere in the ProjectTenant’s Property, including, without limitation, the Building plenum, risers and all conduits, and repair all repairing any damage to the Project Premises or Building caused by such removal as follows: (i) removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises, the Building and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in the case 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 Tenant shall remove such Lines and repair such damage on or before elects to leave the Expiration DateTelecom Wiring in place, unless Landlord notifies Tenant, at least thirty (30) days prior to whereupon the Expiration Date, that such Lines Telecom Wiring shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Premises as 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 Tenant’s expense and/or dispose of the same in any manner permitted by lawproperty.

Appears in 1 contract

Samples: Office Lease (iPic Entertainment Inc.)

Surrender of Premises. Tenant shall, upon the expiration or sooner termination of this Lease for any reason whatsoever (unless Tenant exercises its Option pursuant to Article 35), surrender to Landlord the Property Portfolio, including each Building and Building Equipment then upon each Individual Property, together with all Alterations thereof then on each such Individual Property, in good order, condition and repair, except for reasonable wear and tear and subject to Articles 17 and 18. Upon the Expiration Date expiration or earlier termination of this LeaseLease (unless Tenant exercises its Option pursuant to Article 35), Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion all of the Projectright, title, estate and shall provide interest of Tenant (a) in and 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Projecteach Individual Property, including, without limitation, the Buildings, all Building plenumEquipment, risers the Development Rights, all changes, additions and alterations therein, and all conduitsrenewals and replacements thereof and all other aspects of each Individual Property (including all Work relating to such Individual Property) and all Transferring Excluded Property relating to such Individual Property (but excluding, for the avoidance of doubt, any Excluded Property and repair all damage to the Project caused by such removal as follows: personal property that is not Transferring Excluded Property); (ib) in the case of the and to all Subleases permitted pursuant to Section 23.4 relating to each Individual Property whose terms extend beyond such expiration of the Termor termination and all rents, income, receipts, revenues, issues and profits thereafter accruing under such Subleases, (c) in and to all property insurance proceeds paid to Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered but not spent in accordance with the Premises; and (ii) in the case of the earlier termination terms of this Lease) and insured claims payable thereunder (including any such funds held by the Depository) relating to such Individual Property, Tenant shall remove such Lines automatically pass to, vest in and repair such damage promptly after receipt belong to Landlord, without further action on the part of a notice from Landlord requiring such removal either party, free of any claim thereto by, through or under Tenant. Although the aforesaid forfeiture and repair. Any Lines not required to be removed pursuant to this Section shall become the property transfer of Landlord (without payment by Landlord), and title shall be surrendered in good condition and working orderautomatic, lien freewithout act or documentation by any person or party, 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 mayeach agrees to execute and deliver, without any liability in form and substance reasonably acceptable to Tenant for loss or damage thereto or loss of use thereofand Landlord, store such property in instruments as shall reasonably required to confirm such title unto Landlord and to assign Tenant’s name at Tenant’s expense and/or dispose of interest in the same in any manner permitted by law.Subleases to Landlord. As used herein, “

Appears in 1 contract

Samples: Loan Agreement (Washington Prime Group, L.P.)

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Surrender of Premises. Upon Except for the Expiration Date return of the Security Deposit by Landlord following the expiration or earlier termination of this Lease, Tenant no act by Landlord shall quietly and peacefully be deemed an acceptance of a surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to of the Premises, or any other portion and no agreement to accept a surrender of the Project, Premises shall be valid unless it is in writing and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premisessigned by Landlord. 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 At the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines deliver to Landlord the Premises with all improvements located therein in good repair and repair such damage promptly after receipt condition, free of a notice from Landlord requiring such removal Hazardous Materials (as defined in Section 25(i) below) placed on the Premises during the Term, broom-clean, reasonable wear and repair. Any Lines not required tear (and condemnation and Casualty damage, as to be removed pursuant to this which Section 14 and Section 15 shall become the property of Landlord (without payment by Landlord)control) excepted, and shall be surrendered in good condition and working orderdeliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, lien freeTenant may remove all unattached trade fixtures, furniture, and properly labeled with an identification system reasonably approved by Landlord. All personal property of placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not removed hereunder shall be deemedremove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by 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 Tenant’s expense and/or dispose cost without 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 same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Diversa Corp)

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 or earlier termination of this Lease, as promptly as commercially practicable thereafter (but in any event within thirty (30) days thereafter)), Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, including the Renovations and other Alterations constructed by Tenant therein, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other portion than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the ProjectCommencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed ​ ​ by Xxxxxx and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at Landlord’s written request provided that Landlord has reasonable, good faith cause to believe that a Release of Hazardous Materials has occurred or a violation of applicable Environmental Laws then exists on the Property, Tenant shall commission and provide to Landlord, or Landlord the combination or code of locks on all safesmay commission, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenanteach event, at its Tenant’s sole cost and expense, a Phase I site assessment and, if recommended by such Phase I, a Phase II site assessment of the Premises at Tenant’s sole cost and expense, for purposes of confirming the environmental condition of the Premises and Xxxxxx’s compliance with the terms of the Lease with respect to environmental matters. 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 thirty (30) days after termination or expiration of this Lease 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 may remove all of its personal such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: (i) in by Landlord, except to the case of the expiration of the Term, Tenant shall remove such Lines and repair extent such damage on is caused by Landlord or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 any Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss Representatives gross negligence or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawwillful misconduct.

Appears in 1 contract

Samples: Lease Agreement (Citi Trends Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance --------------------- of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. During the Term, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). All alterations, additions, or any other portion improvements made in or upon the Premises shall, at Landlord's option (to be exercised pursuant to following sentence), either be removed by Tenant prior to the end of the ProjectTerm (and Tenant shall repair all damage caused thereby), or shall remain in the Premises at the end of the Term without compensation to Tenant. In connection with Landlord's review and shall provide approval of any of Tenant's proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord's notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations, additions, or improvements prior to the expiration of the Term; however, if Tenant submits plans and specifications to Landlord the combination for proposed alterations, additions 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 improvements to the Premises and repair all damage delivers a Removal Notice (defined below) to Landlord contemporaneously with such submission by Tenant, and Landlord fails to notify Tenant that Tenant will be required to remove such alterations, additions or improvements to the Project caused by such removal. In addition, Tenant, Premises at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Landlord may not request such removal at the expiration of the Term. A "Removal Notice" means a written notice from Tenant shall to Landlord that conspicuously states in bold, uppercase typeface that Tenant will not be required to remove the alterations, additions or improvements in question at the end of the Term unless, contemporaneously with Landlord's notice of approval to Tenant with respect to the alterations, additions or improvements in question, Landlord notifies Tenant in writing that Landlord will require Tenant to remove such Lines and repair such damage on alterations, additions or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days improvements prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case expiration of the earlier termination of this LeaseTerm. Notwithstanding the foregoing, if Tenant does not obtain Landlord's prior written consent for any alterations, additions or improvements to the Premises (whether such approval is required hereunder or otherwise), Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's written request, remove all such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 21 shall survive the end of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Verisity LTD)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 17 and 18 shall control) excepted, and shall deliver to Landlord any all 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 Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Equipment, Electrical Equipment, Lines and the Interconnection Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 23. The provisions of this Section 24 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

Surrender of Premises. Upon Lessee will deliver up and surrender to Lessor possession of the Expiration Date Demised Premises upon the expiration of this Lease or its termination in any way, in as good condition and repair as the same shall be at the commencement of said term (loss by any casualty covered by insurance, fire, defaults inherent in construction not performed by Lessee, ordinary wear and decay, and any repairs which Lessor is made responsible for by this Lease, only excepted) and deliver the keys at the office of Lessor or Lessor's agent. Except as may otherwise expressly be requested by Lessor in writing, Lessee shall, on or before the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, Lease or any other portion vacation of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Demised Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its sole cost and expense, properly and in accordance with all applicable statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, county, and municipal governments, and any and all of their divisions, departments, and bureaus, and without causing injury or damage to the Demised Premises or the Building, remove, close, and/or cleanup, as may be appropriate, all trade fixtures; mezzanines; raised floors; processed water cooling towers and chillers; chemical processing equipment and piping; sump pumps; storage tanks; waste treatment facilities; below grade sumps; containment dikes; specialized electrical services and distribution; all other machinery, equipment, components, systems, and improvements used in or associated with Lessee's manufacturing operations; and all potentially contaminated or hazardous improvements, surfaces, piping, and materials so as to restore the Demised Premises to normal, generally usable, clean, and safe warehouse condition. Lessee shall be solely responsible for any damage caused to the Demised Premises or the Building by said removal, closure, and cleanup and shall immediately repair such damage, or at Lessee's option, remit to Lessor the cost of repairing said damage. With respect to sumps and containment dikes, Lessee shall remove all concrete and other material comprising sumps and containment dikes. Lessee shall collect a minimum of its personal property two soil samples from the Premises each sump and repair all damage containment dike to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant demonstrate that there are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Projectno Hazardous Substances, including, without limitationbut not limited to VAP-regulated metals, the Building plenum, risers and all conduitshexavalent chromium, and repair all damage tin, as appropriate based on the history of each sump, present on Lessor's property. All sample analyses must be performed by an independent Ohio-certified laboratory. If a release is documented, Lessee must respond to the Project caused by such removal as follows: (irelease in accordance with Article VI(1)(b) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such . Following any soil removal and repair. Any Lines not required to be removed pursuant to this Section Lease, Lessee shall become emplace compacted backfill in the property of Landlord (without payment by Landlord)sump and/or containment dike void and finish the floor area with concrete to match the adjacent concrete. All workmanship related to the investigation, remediation, and concrete replacement shall be surrendered in good condition accordance with accepted industry practices. Prior to performing any work pursuant to this Article VI, Section 6, Lessee shall submit to Lessor for review and working order, lien free, approval detailed plans 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, specifications for the work to be abandoned by Tenant and Landlord mayperformed, without any liability together with such additional documentation as Lessor may reasonably require. Lessor shall have the right to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose require reasonable modifications of the same in any manner permitted plans and specifications submitted by lawLessee.

Appears in 1 contract

Samples: Lease (Innovex Inc)

Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called for as on the date Tenant took possession, except for: (a) reasonable wear and tear; (b) loss by this Leasefire or other casualty; and (c) loss by condemnation. All fixtures, equipment, leasehold improvements (including any Alterations), and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall deliver to Landlord any keys to be and remain a part of the Premises, or any other portion shall be the property of the ProjectLandlord, 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, not be removed by Tenant, at its cost and expenseexcept as directed by Landlord. Tenant shall not be required to remove any of the Tenant Improvements (as defined in Exhibit E). Furthermore, tenant shall not be required to 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as followsany leasehold improvements (including any Alterations) unless: (i) such removal is necessary to ensure that the Premises and Building comply with applicable code at the lime of surrender, including but not limited to removal of wires located in risers and plenums without raceways or conduits; (ii) they were made without the case consent of Landlord; or (iii) Landlord notified Tenant that removal would be required. Tenant’s Property shall be and shall remain the expiration 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 remove such Lines and promptly repair such any damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration DatePremises or to the Building resulting from such removal. If Tenant abandons or surrenders the Premises or is dispossessed by process of law or otherwise, that such Lines any of Tenant’s Property left on the Premises shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Leasedeemed abandoned, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedand, at Landlord’s option, title shall pass to be abandoned Landlord under this Lease as 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.a xxxx of

Appears in 1 contract

Samples: Office Lease (Biodesix Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises by Tenant during the Term, with all Cables removed if requested by Landlord under the provisions of Section 25 below, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 above, respectively, shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, or any other portion of the ProjectTenant may remove all unattached trade fixtures, machinery, equipment, furniture, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems personal property placed in the PremisesPremises or elsewhere in the Building or Project (including Tenant’s Off-Premises Equipment, if any) by Tenant (but Tenant may not remove any such item that was paid for, in whole or in part, by Landlord unless Landlord requires such removal). On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, Tenant shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In additionAlterations identified for removal as set forth in Section 8(a), Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduitsabove, and repair all damage to the Project caused by such removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedadditionally, at Landlord’s option, Tenant shall remove such trade fixtures, personal property, equipment (including Tenant’s Off-Premises Equipment, if any), and furniture as Landlord may request. All items not so removed shall, at Landlord’s option, become the property of Landlord without additional payment to Tenant or credit against Rent be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items. The provisions of this Section 20 shall survive the expiration or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose earlier termination of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Avalara Inc)

Surrender of Premises. Upon Tenant hereby agrees to vacate the Expiration Premises and surrender and deliver exclusive possession of the Premises to Landlord on or before the Termination Date in accordance with the provisions of the Lease; provided that, notwithstanding anything to the contrary contained in the Lease: (i) Landlord hereby agrees that there are no alterations, additions or earlier termination improvements (collectively “Alterations”) which Landlord will require Tenant to remove: (ii) Landlord acknowledges that Alios has requested that Tenant leave in place all telephone, computer, data and other cabling and wiring, and to leave in place and sell to Alios the personal property owned by Tenant and listed in the First Amendment to that certain Release Agreement between Tenant and Alios dated May 21, 2015 (the “Sold FF&E”); and (iii) Landlord agrees that Tenant’s obligation to surrender the Premises with the HVAC in good working order shall be satisfied by paying to HCP the amount of $28,858.00 within forty-five (45) days of the date of this LeaseAgreement, which amount represents the cost of the work Landlord and Tenant agree Tenant is responsible for as reflected in the Western Allied bids attached hereto as Exhibit B. On or before the Termination Date, Tenant shall quietly shall, at Tenant’s sole cost and peacefully surrender expense, remove or cause to be removed from the Premises any and all furniture and equipment (other than the Sold FF&E), free-standing cabinet work, and other articles of personal property owned by Tenant, and such similar articles of any other persons claiming under Tenant and deliver the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Projecta broom-clean condition, and with the Decommissioning Process complete. Tenant 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, immediately repair at its cost and expense, shall remove all of its personal property from the Premises and repair own expense all damage to the Project Premises and the Building resulting from any such removal. If Tenant fails to complete such removal and/or repair any damage caused by such removal, Landlord may (but shall not be obligated to) do so and may charge the reasonable and actual cost thereof to Tenant. In addition, Tenant, at its cost Tenant will be required to close all applicable permits and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, licenses (including without limitation, any radiation license) and complete the decommissioning process for the 169 Building plenum, risers and all conduitsas certified by a qualified third party industrial hygienist, and repair all damage to receive written closure from the Project caused applicable governmental agencies as required by such removal as follows: applicable laws (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord"Decommissioning Process"), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Partial Lease Termination Agreement (Exelixis, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises by Tenant or Tenant Parties, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all 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 Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all trade fixtures, furniture, and personal property from placed in the Premises or elsewhere in the Building by Tenant which are not permanently affixed (but Tenant may not remove any wiring or cabling or the Off-Premises Equipment unless and repair all damage to the Project caused by extent Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises in place as of the date of this Lease (other than wiring or cabling which Landlord may require to be removed), and Tenant shall not be required to remove any future improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. In addition, Tenant shall have no obligation to remove the Generator Space, which shall be delivered to Landlord in the condition required by this Lease for the surrender of the Premises, but notwithstanding anything to the contrary contained herein, Tenant may be required to remove other equipment and/or property located in or serving the Generator Space, including without limitation, batteries and transformers. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 21 shall survive the end of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Earthlink Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good condition, free of Hazardous Materials placed on .the Premises during the Term in violation of Laws, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Tenant may remove all trade fIXtures, or any other portion of the Projectfurniture, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems personal property placed in the PremisesPremises or elsewhere in the Buildings by Tenant (but Tenant may not remove any wiring or cabling unless Landlord requires such removal). On Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord designated in writing for removal as part of or before the Expiration Date or earlier termination in connection with Landlord's approval of this Leaseany applicable plans (including, without limitation, Tenant's Working Drawings, at its cost as set forth in Exhibit D and/or Exhibit J attached hereto (but Landlord shall not unreasonably require removal of customary office fIXtures and expenseimprovements)); however, Tenant shall not be required to remove all of its personal property from any additions, fIXtures or improvements to the Premises and or the Complex if Landlord has not specifically elected in writing that the improvement or addition in question needs to be removed. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated,sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Surrender of Premises. Upon the Expiration Date expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall quietly and peacefully surrender the Premises to Landlord in the same condition called as received, free of Hazardous Materials (as defined in the 863 Mitten Lease) brought upon, kept, used, stored, handled, treated, created, developed, produced, generated in, or released or disposed of from the Premises by any person other than Landlord (collectively, “Tenant HazMat Operations”) and released of any license, clearance or other authorization of any kind required to enter, use or restore the Premises issued by any governmental authority having jurisdiction over the use, storage, handling, treatment, creation, development, production, generation, release, disposal, removal or remediation of Hazardous Materials in, on or about the Premises (collectively referred to herein as “Hazardous Materials Clearances”), broom clean, ordinary wear and tear and casualty loss and condemnation excepted. Tenant hereby covenants to sign as the operator of the facility any “hazardous materials generator” or similar form required by any governmental authority with respect to the use of Hazardous Materials on the Premises during the Term. Tenant hereby appoints Landlord as its agent in fact for the limited purpose of signing any “hazardous materials generator”, “hazardous waste manifest” or similar form required by this Leaseany governmental authority in connection with the presence, use or removal of Hazardous Materials; provided that Landlord hereby covenants to exercise its authority as Tenant’s attorney in fact only if Tenant fails or refuses to sign any such form after written request by Landlord. At least 3 months prior to the Amended Termination Date (as such date may be extended), Tenant shall deliver to Landlord any keys to the Premises, or any other portion a narrative description of the Projectactions proposed (or required by any governmental authority) to be taken by Tenant in order to surrender the Premises at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released for unrestricted use and occupancy (the “Surrender Plan”). The Surrender Plan shall include without limitation all of the items described on Exhibit A attached hereto, and shall provide be reasonably satisfactory to Landlord. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premisesits consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before the Expiration Date or earlier termination date 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Termsurrender, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless certify to Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) all action set forth in the case of approved Surrender Plan has been completed. Landlord shall have the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines right (but not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlordobligation), and shall be surrendered in good condition and working order, 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, subject 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 reimbursement at Tenant’s expense and/or dispose as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the same effective date of such surrender or early termination of the 863 Mitten Lease, free from any residual impact from Tenant HazMat Operations. Landlord’s approval of any Surrender Plan shall not make Landlord liable in any manner permitted way for the content or, or the results of any action taken as a result of the Surrender Plan. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of pocket expense incurred by lawLandlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Landlord’s environmental consultant with respect to the surrender of the Premises to third parties. If Tenant shall fail to prepare and submit a Surrender Plan to Landlord, or if Tenant shall fail to complete the work described in the Surrender Plan, or if such Surrender Plan, whether or [*] Confidential information in this Exhibit has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. not reviewed by Landlord’s environmental consultant, shall fail to adequately address any residual effect of Tenant HazMat Operations in, on or about the Premises, Landlord shall have the right, but not the obligation, to take such actions as Landlord may deem reasonable or appropriate to assure that the Premises and the Project are surrendered free from any residual impact from Tenant HazMat Operations, the cost of which actions shall be reimbursed by Tenant as Additional Rent, without regard to the limitation on cost set forth in the preceding paragraph of this Section 7 of this Fourth Amendment.

Appears in 1 contract

Samples: Lease (Valentis Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this LeaseLease or Tenant’s right to possess the Premises, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall (a) deliver to Landlord the Premises broom-clean with all improvements located therein in good repair and condition, normal wear and tear excepted (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term by any Tenant Party; (b) deliver to Landlord all keys to the PremisesPremises and all access cards to the Project; (c) remove all trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and equipment located in the Premises (it being acknowledged that such trade fixtures, furniture personal property and equipment remains the property of Tenant), in any case provided that such item to be removed is not integral to the operation of the Building’s Structure or the Building’s Systems, and Tenant shall restore any affected Building’s Systems to a fully operational level consistent with Building standard condition; and (d) subject to the provisions below, remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may require; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if (1) Landlord has specifically agreed in writing that the improvement or addition in question need not be removed; or (2) same do not exceed or differ in any material respect from customary, standard type of installations or improvements for general, executive and administrative offices in comparable buildings in the submarket in which the Buildings are located (the “Standard Improvements”); however, Tenant may be required by Landlord to remove any non-standard alterations, additions or improvements, including laboratories, server rooms, data centers, computer rooms, specialty ceilings, or any other portion of the Project, and items that would have above-average demolition costs. Tenant 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 caused by the removal of the items described above. In connection with Landlord’s review and approval of any of Tenant’s proposed alterations, additions or improvements to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.,

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Surrender of Premises. Upon At the Expiration Date expiration of the Term or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord (a) in the good condition called for and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include 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, shall deliver or any damage or deterioration due to Landlord any keys to the Premisesor associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per one hundred seventy five (175) rentable square feet), unusually heavy utility use, unusually heavy floor loads, 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 Premisesunusual occupancy factors. On or before the Expiration Date expiration 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may, by 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), as to Alterations made without Landlord’s consent, or if requested by Tenant at the time Tenant requests Landlord’s consent to any Alterations requiring Landlord’s consent, by notice given to Tenant at the time Landlord consents to such Lines and repair Alterations (or as to any Permitted Improvements, if requested by Tenant at the time Tenant notifies Landlord of such damage promptly Permitted Improvements, by notice given to Tenant within 30 days after Landlord’s receipt of a Tenant’s notice from Landlord requiring of such Permitted Improvements), require Tenant, at Tenant’s expense, to remove, and Tenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and repair. Any Lines not required other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be removed pursuant to this Section shall become installed by Tenant (including any cabling and wiring, installed above the property ceiling of Landlord (without payment by Landlordthe Premises or below the floor of the Premises), inventories, goods and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant. Any of Tenant’s Property not so removed by Tenant not removed hereunder as required herein shall be deemeddeemed 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 optionretention and disposition of such property; provided, however, Tenant shall remain liable to be Landlord for all costs incurred in storing and disposing of such abandoned by property of Tenant. Notwithstanding anything to the contrary contained herein, Tenant and Landlord mayshall, without any liability prior to Tenant for loss or damage thereto or loss the expiration of use thereofthis Lease, store such property in Tenant’s name at Tenant’s expense and/or dispose 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 benefit of Tenant in or around the Premises (collectively, the “Cabling”); provided, however, Tenant shall not remove such Cabling if Tenant receives a written notice from Landlord at least one hundred twenty (120) days prior to the expiration of the same Lease authorizing such Cabling to remain in place, in which event the Cabling shall be surrendered with the Premises 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. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any manner permitted and all Claims (defined below) (x) arising from any delay by lawTenant 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 (Spansion Inc.)

Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant Lessee shall quietly promptly surrender possession of the Premises, and peacefully surrender shall deliver all keys that it may have to any and all parts of the Premises Premises. The Premises, along with all Improvements made pursuant to Landlord in the condition called for by this Lease, shall deliver be surrendered to Landlord Lessor in good condition, reasonable wear and tear excepted, and in the state of repair and maintenance required by the terms of Section 14.1 (Lessee Maintenance Obligations) of this Lease, ordinary wear and tear and casualty excepted (“Surrender Condition”), provided, however, (i) that in the event of a casualty, Lessee will surrender the Premises and Improvements in the condition required under Section 18 (Damage or Destruction) of the Lease, and (ii) Surrender Condition shall not mean or include upgrades or any keys capital repairs or replacements to systems or structure of the Improvements, unless and to the Premises, extent the need for such capital repairs or any other portion replacements arises directly due to Lessee’s failure to maintain the Improvements as required under Section 14.1. Prior to the turnover of the Project, and shall provide Premises 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 Lessor upon expiration or earlier termination of this the Lease, Tenantrepresentatives of Lessor and Lessee (which representatives may include contractors, at its cost and expensevendors or other building experts), shall remove all upon the written request of its personal property from the Premises either, and repair all damage subject to the Project caused by such removalterms of Section 13.1 (Access Rights), jointly conduct a walk-through of the Premises. In addition, TenantLessee, at its cost and expensepromptly following Xxxxxx’s written request therefor, shall remove all Lines installed by deliver to Lessor copies of Maintenance Records for a period of no less than five (5) years prior to the applicable expiration or for Tenant that are located within the Premises or, in the case earlier termination date as required under Section 14.1. Concurrently with surrender of Lines exclusively serving the Premises, anywhere Xxxxxx shall surrender to Lessor any Fixtures owned by Lessee which is located at the Premises and is used in the Project, including, without limitation, the Building plenum, risers operation and all conduits, and repair all damage to the Project caused by such removal as follows: (i) in the case management of the expiration Premises for the Permitted Use, in its then- current “AS-IS” condition. Notwithstanding the foregoing, it is expressly understood and agreed that any Fixtures owned by Subtenants shall be governed by the terms of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.applicable Subleases.‌

Appears in 1 contract

Samples: Ground Lease

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, with all Cables removed if requested by Landlord under the provisions of Section 25 below, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 above, respectively, shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Provided that no Event of Default then exists, or any other portion of the ProjectTenant may remove all unattached trade fixtures, furniture, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems personal property placed in the Premises. On Premises or before elsewhere in the Expiration Date Building or earlier termination of this LeaseProject (including Tenant’s Off-Premises Equipment, Tenantif any) by Tenant (but Tenant may not remove any such item that was paid for, at its cost and expensein whole or in part, shall remove all of its personal property from the Premises and repair all damage to the Project caused by Landlord unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment (including Tenant’s Off-Premises Equipment, if any), and furniture as Landlord may request; however, Tenant shall not be required to remove any alteration, addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the alteration, addition or improvement in question need not be removed; and provided further, that Tenant shall not be required to remove any of the Tenant Improvements (other than Cables, which Tenant shall be required to remove on the terms set forth in Section 26(b), below). Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, become the property of Landlord without additional payment to Tenant or credit against Rent be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items. The provisions of this Section 20 shall survive the expiration or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose earlier termination of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Glu Mobile Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term (unless caused by Landlord, its employees, agents or contractors), in broom-clean condition including cleaning of interior surface of all walls, flooring, ceiling and/ or roof deck due to Landlord in the condition called for Tenant’s specific use (with such cleaning by this Leasecommercial cleaning application as approved by Landlord), reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion of the Project, and shall provide to wiring or cabling unless 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 requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove the initial Tenant Improvements, nor shall Tenant be required to remove any other improvement or addition to the Premises or the Project if Landlord has specifically agreed in writing that such other improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose cost without 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 same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Surrender of Premises. Upon termination or earlier expiration of this Lease, or upon the exercise by Landlord of 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, Tenant shall quietly and peacefully surrender the Premises all of Tenant's signs, notices, displays, movable trade or business fixtures, and, unless otherwise requested or required by Landlord, cabling, wiring, conduit, telecommunications equipment and, subject to Landlord in the condition called for by Section 8.3 of this Lease, any non-Building standard tenant improvements placed in the Premises or the Building of which Landlord notified Tenant at the time of Landlord’s approval thereof that such improvements would be required to be removed (provided, that in no event shall deliver to Landlord Tenant remove any keys to the Premiseslight fixtures, dishwashers, refrigerators or similar equipment, or any other portion equipment, improvements or items otherwise required to remain in the Premises pursuant to this Lease [including, without limitation, Section 8.3.4 hereof], unless Landlord requests in writing Tenant's removal of same). Tenant agrees to repair, at Tenant's expense, any damage to the Premises or the Building resulting from the removal of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture, movable partitions or non-Building standard tenant improvements (provided Landlord notified Tenant at the time of Landlord’s approval of such improvements that such restoration work would be required), including without limitation, repairing the floor and patching and painting the walls where reasonably required by Landlord. Tenant's 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 ProjectTerm, Landlord, may, at Landlord's option, (a) remove such property from the Premises at the expense of Tenant and shall provide to sell or dispose of same in such manner as Landlord deems advisable, or (b) place such property in storage at the combination or code expense of locks on all safes, cabinets, vaults and security systems Tenant. Any property of Tenant remaining in the Premises. On or before Premises ten (10) days after the Expiration Date or earlier termination of this Lease, Lease will be deemed to have been abandoned by Tenant, at its cost and expense, shall remove all in such case such items may be retained by Landlord as Landlord's property or disposed of its personal property from the Premises and repair all damage by Landlord without accountability to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal manner as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenantdetermines, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law's expense.

Appears in 1 contract

Samples: Office Lease Agreement (Jamba, Inc.)

Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called as on the date Tenant took possession (a) except for reasonable wear and tear, loss by fire or other casualty and loss by condemnation, the presence of Hazardous Materials (other than those released or emitted by Tenant or any Tenant Related Party) and repairs for which Tenant is not responsible under this Lease; and (b) with all removal, restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Tenant’s Property shall deliver to Landlord be and shall remain the property of Tenant and may be removed by Tenant at any keys time during the Term; provided that, if any of Tenant’s Property is removed, Tenant shall promptly repair any damage to the PremisesPremises or to the Building resulting from such removal. If Tenant 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 stored and/or disposed of in accordance with Section 1980 et seq. of the California Civil Code, or any other portion of the Project, and shall provide similar Laws now or hereafter in effect. If Landlord elects 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 or any part of its personal property from such Tenant’s Property, the Premises reasonable cost of removal, storage and repair all damage to the Project caused by such removal. In addition, disposal of Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project’s Property, including, without limitation, the Building plenum, risers and all conduits, and repair all repairing any damage to the Project Premises or the Building caused by such removal as follows: (i) removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises, the Building and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in the case 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, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenanthas specifically requested in writing that the Telecom Wiring shall remain, at least thirty (30) days prior to whereupon the Expiration Date, that such Lines Telecom Wiring shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Premises as 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 Tenant’s expense and/or dispose of the same in any manner permitted by lawproperty.

Appears in 1 contract

Samples: Office Lease (Shockwave Medical, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises, . Provided that no Event of Default exists or any other portion condition exists which with the passage of time, the Projectgiving of notice, or both, could constitute an Event of Default, Tenant may remove all unattached trade fixtures, furniture, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems personal property placed in the Premises. On Premises or before elsewhere in the Expiration Date Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or earlier termination of this Leasein part, 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 Landlord or any wiring or cabling unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord’s rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Surrender of Premises. Upon the Expiration Date expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall quietly quit and peacefully surrender possession of the Premises to Landlord in as good order and condition as the condition called for same are now and hereafter may be improved by Landlord or Tenant, reasonable wear and tear and repairs which are Landlord’s obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment (including, without limitation, any and all computer, network, telecommunications and/or other systems or equipment installed in or about the Premises by or on behalf of Tenant prior to or during the term of this Lease, and any and all wiring and/or cabling related thereto (irrespective of whether such wiring and cabling is installed or located in the Premises and/or any electrical rooms, pathways, shafts, risers, conduits or plenums located within the Building and/or appurtenant thereto, it being the intent of the parties that Tenant shall deliver remove the same, at Tenant’s sole cost and expense)), business and trade fixtures, free-standing cabinet work, moveable partitioning and other articles of personal property owned by Tenant and/or installed or placed in the Premises by or on behalf of Tenant, and all similar articles of any other persons claiming under Tenant unless Landlord exercises its option to Landlord have any keys subleases or subtenancies assigned to it, and Tenant shall repair all damage to the Premises and/or Building resulting from the installation and removal of such items to be removed and restore such areas to the condition that existed prior to the installation thereof in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration. In addition, prior to Lease Termination, Tenant shall, at its sole cost, take all actions necessary to close out any Hazardous Material permit(s) issued to Tenant (or any person or entity claiming an interest in the Premises, or any other portion thereof, under, by or through Tenant) and obtain environmental closure from the applicable governmental authority with respect to the use of Hazardous Materials on or in the Project, and shall provide to Landlord the combination Premises by Tenant (or code of locks on all safes, cabinets, vaults and security systems any person or entity claiming an interest in the Premises, or any portion thereof, under by or through Tenant). On or before If the Expiration Date or earlier termination of this LeasePremises are not so surrendered at Lease Termination, TenantTenant shall indemnify, at its cost defend and hold Landlord harmless from and against any loss, damage, expense, shall remove all of its personal property claim or liability resulting from delay by Tenant in so surrendering 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage any claims made by any succeeding tenant or losses to the Project caused by such removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior due to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repairlost opportunities to lease to succeeding tenants. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder by Tenant upon the expiration of the Lease Term (or within five (5) business days after a termination by reason of Tenant’s default), as provided in this Lease, shall be deemed, at Landlord’s option, to be considered abandoned by Tenant and Landlord may, without may remove any liability to Tenant for loss or damage thereto or loss all of use thereof, store such property in Tenant’s name at Tenant’s expense and/or items and dispose of the same in any manner permitted by lawor store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant, and if Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of ninety (90) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, in its sole discretion, may deem proper, without notice or to demand upon Tenant, for the payment of all or any part of such charges or the removal of any such property, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys’ fees for services rendered; second, to the payment of the cost of or charges for storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant. The provisions of this Paragraph 35 shall survive Lease Termination.

Appears in 1 contract

Samples: Improvement Agreement (Calix, Inc)

Surrender of Premises. Upon At the Expiration Date expiration of the Term or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord (a) in the good condition called for and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include 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, shall deliver to 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 expiration 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines (i) all of Tenant’s Property (defined below) and repair such damage promptly after receipt Tenant’s signage from the 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 Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice from Landlord requiring shall be required), require Tenant, at Tenant’s expense, to remove, and Tenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and repair. Any Lines not required other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be removed pursuant to this Section shall become installed by Tenant (including any cabling and wiring, installed above the property ceiling of Landlord (without payment by Landlordthe Premises or below the floor of the Premises), inventories, goods and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant. Any of Tenant’s Property not so removed by Tenant not removed hereunder as required herein shall be deemeddeemed 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 optionretention and disposition of such property; provided, however, Tenant shall remain liable to be Landlord for all costs incurred in storing and disposing of such abandoned by property of Tenant. Notwithstanding anything to the contrary contained herein, Tenant and Landlord mayshall, without any liability prior to Tenant for loss or damage thereto or loss the expiration of use thereofthis Lease, store such property in Tenant’s name at Tenant’s expense and/or dispose 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 benefit of Tenant in or around the Premises (collectively, the “Cabling”); provided, however, Tenant shall not remove such Cabling if Tenant receives a written notice from Landlord at least fifteen (15) days prior to the expiration of the same Lease authorizing such Cabling to remain in place, in which event the Cabling shall be surrendered with the Premises 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. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any manner permitted and all Claims (defined below) (x) arising from any delay by lawTenant 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 (Meru Networks Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any all keys to the Premises, together with manuals and warranties running to Landlord’s benefit for improvements, alterations or other items installed by Tenant, and shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term (other than by Landlord, its employees, contracts or agents) and broom-clean, condemnation and Casualty damage (as to which Sections 15 and 16 shall control) and reasonable wear and tear excepted. As used herein, “reasonable wear and tear” shall not include any other damage or deterioration that would have been prevented by Tenant’s employment of ordinary prudence, care and diligence in the occupancy and use of the Premises and the performance of all of its obligations under this Lease; without limiting the generality of the foregoing, reasonable wear and tear shall not include (i) excessively soiled, stained, worn or marked surfaces, floors or finishes, (ii) damage, including holes in building surfaces (e.g., cabinets, doors, walls, ceilings and floors) caused by the installation or removal of Tenant’s trade fixtures, furnishings, decorations, equipment, alterations, utility installations, security systems, communications systems (including cabling, wiring and conduits), displays and signs, (iii) damage to any component, fixture, hardware, system or component part thereof within the Premises, or (iv) the condition of any 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 PremisesPremises that would not be reasonably acceptable for immediate use by a subsequent tenant for comparable purposes. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, Tenant shall remove all of its trade fixtures (and appurtenances thereto), furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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, but subject to the provisions of Section 8(a) above, Tenant shall remove the following to the extent required by Landlord: (1) alterations, additions and improvements made to the Premises by Tenant; (2) trade fixtures (and appurtenances thereto), furniture, and personal property placed in the Premises by Tenant and paid for by Landlord; and (3) all wiring, conduits and cabling placed in the Premises by Tenant and/or any communications or data cabling and conduit used by Tenant (collectively, “Cabling”) in accordance with applicable Laws (provided, that, at Landlord’s sole option, Tenant shall instead leave all Cabling in good operating condition and repair, properly terminated and identified for future use in accordance with applicable laws). Tenant shall repair all damage caused by such removal. Landlord agrees that if Tenant requests in writing not later than one hundred twenty (120) days and not earlier than earlier than three hundred sixty (360) days before the expiration of the Term as to whether or not Landlord will require removal of the applicable alterations, additions, improvements, trade fixtures, personal property, equipment, furniture and/or Cabling as provided in the preceding sentences, Landlord shall notify Tenant in writing of such determination no later than ninety (90) days following receipt of Tenant’s written request for same. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 22 shall survive the end of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Advanced Medical Optics Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an ----------------------- acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Substances placed on the Premises by Tenant or a Tenant Party during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Sections 12 and 13 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Provided that there is no then-existing Event of Default hereunder, or any other portion Tenant may, prior to the end of the ProjectTerm, remove all unattached trade fixtures, furniture, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems personal property placed in the Premises or elsewhere in the Building by Tenant. Additionally, at Landlord's option, Tenant shall, prior to the end of the Term, remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture (excluding Tenant's initial fit-up of the Premises) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing at the time such improvement was installed that the improvement or addition in question need not be removed at the end of the Term. On Tenant shall repair all damage caused by such removal prior to the expiration or before the Expiration Date or earlier sooner termination of this Lease, . All items not so removed shall within five (5) business days of 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after 's receipt of a notice from Landlord requiring regarding such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemeditems, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items; any such disposition shall not be considered a strict foreclosure. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 18 shall survive the end of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Dset Corp)

Surrender of Premises. (a) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies. Upon the Expiration Date expiration or earlier termination of this Lease, subject to the terms of this Section 31(a) and Section 14(a), Tenant shall quietly and peacefully peaceably surrender the Premises and all alterations and additions thereto, broom-clean and in good order, repair and condition, free from any and all Hazardous Materials resulting solely from Tenant’s use and occupancy, including those Tenant allows to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to occupy the Premises, or any other portion of the Premises and Project, reasonable wear and tear, casualty, condemnation and repairs which are the responsibility of Landlord hereunder excepted, and shall provide comply with the provisions of Section 14(a). Tenant shall have no obligation to remove any Tenant Improvements or perform any restoration work with respect to any Tenant Improvements except to the extent Landlord notified Tenant of such obligation on or before Landlord’s approval of the combination applicable Space Plan (as defined in the Work Letter). In addition, Tenant may elect to remove all or code some of locks on all safes, cabinets, vaults Tenant’s equipment and security systems in trade fixtures from the Premises. On or before Subject to the Expiration Date or earlier foregoing, Tenant must, at Tenant’s sole cost, remove upon termination of this their Lease, Tenant, at its cost any and expense, shall remove all of its Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other personal property from as well as all data/telecommunications cabling and wiring, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the Premises Tenant and repair all damage title to the Project same shall thereupon pass to Landlord under this Lease as by a xxxx of sale, but Tenant shall remain responsible for the reasonable cost of removal and disposal of such Personalty, as well as any damage caused by such removal. In addition, Tenant, at its cost and expense, Tenant shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal terminate as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on Term or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines at its sole cost and expense, including the payment of any termination or cancellation fees, all contracts with respect to the maintenance and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repairthe Premises. Any Lines not required The delivery of keys to be removed pursuant to this Section shall become the property any employee of Landlord (without payment by or to Landlord), and 's agent or any employee thereof shall not be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property sufficient to constitute a termination 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 this Lease or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose a surrender of the same in any manner permitted by lawPremises.

Appears in 1 contract

Samples: Office Building Lease (GLAUKOS Corp)

Surrender of Premises. Upon On the Expiration Date expiration of the Term or earlier sooner termination of this Lease, Tenant shall quietly shall, at Tenant's sole cost, (a) promptly and peacefully peaceably surrender the Premises to Landlord "broom clean," in the condition called for by this Leasegood order and condition, shall deliver to Landlord (b) repair any keys damage to the Premises, Property caused by or in -------------------- (29) within five (5) calendar days after the date connection with the removal of 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 by or at the direction of Tenant, (c) repair, patch and repair paint in a good and workmanlike manner all damage holes and other marks in the floors, walls and ceilings of the Premises to Landlord's reasonable satisfaction, and (d) deliver all keys and access cards to the Project caused by such removalPremises to Landlord. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving Before surrendering the Premises, anywhere Tenant shall, at Tenant's sole cost, remove Tenant's movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the ProjectPremises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises without Landlord's prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Ann. (or any replacement provision). Landlord may require Tenaxx to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant including, without limitation, the Building plenumany computer lines, risers wiring, cabling and all conduitsfacilities and other similar improvements, and repair all damage to restore the Project caused by such removal Premises to their condition as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Commencement Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property, trade fixtures and other property of Tenant not removed hereunder from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemeddeemed to have been abandoned and may be appropriated, at Landlord’s optionsold, to be abandoned stored, destroyed or otherwise disposed of by Tenant Landlord without notice to, and Landlord may, without any liability obligation to account to, Tenant for loss or damage thereto or loss any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose excess of any amount received by Landlord from such disposition. No surrender of the same Premises shall be effected by Landlord's acceptance of the keys or of the rent or by any other means without Landlord's written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant's obligations under this Lease in any manner permitted by lawconnection with surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release.

Appears in 1 contract

Samples: Office Lease (Arkona Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease or Tenant’s right to possess the Premises, Tenant shall • deliver to Landlord the Premises broom-clean with all alterations, additions, betterments and improvements (collectively, “Improvements”) located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; • deliver to Landlord all keys to the Premises and all access cards to the Project (and shall reimburse Landlord for the then-current replacement cost charged by Landlord for all such keys and access cards that are not returned); • remove all unattached trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); • remove any and all telecommunications cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party that was not part of the Work unless otherwise agreed to in writing by Landlord prior to installation of such cabling by Tenant, including all connections for any cabling that Tenant is required to remove, all at Tenant’s sole cost or, if Landlord so elects, Landlord may perform such removal at Tenant’s sole cost, with the cost thereof to be paid to Landlord as Rent (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of the Term, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Rent, any and all such telecommunications cabling [including conduit], whether located in the Premises or elsewhere in the Project, and if Landlord so elects, Tenant covenants that such telecommunications cabling shall be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or any successor statute, and shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box); and • remove such Improvements and Tenant’s Off-Premises Equipment as Landlord may require and restore the areas surrounding such Improvements and Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such Improvements and Tenant’s Off-Premises Equipment; however, Tenant shall not be required to remove any Improvements to the Premises or the Project if Landlord has specifically agreed in writing that the Improvements in question need not be removed. Tenant shall repair all damage caused by the removal of the items described above. If Tenant fails to remove any property, including any of the property described above within three business days after expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedmay, at Landlord’s option, deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items 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; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, remove such items, perform any work required to be abandoned performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord may, without on demand for any liability to Tenant for loss or damage thereto or loss of use thereof, store such property expenses which Landlord may incur in effecting compliance with Tenant’s name obligations hereunder (including collection costs and attorneys’ fees), plus interest thereon at Tenant’s expense and/or dispose the Default Rate, or elect any of the same actions described in any manner permitted by lawclauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Dicerna Pharmaceuticals Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all 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 Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by 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 Tenant’s expense and/or dispose cost after notice to Tenant but 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 same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Senti Biosciences, Inc.)

Surrender of Premises. Upon Prior to the Expiration Date expiration or earlier termination of this Lease, Tenant no act by Landlord shall quietly and peacefully be deemed an acceptance of a surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to of the Premises, or any other portion and no agreement to accept a surrender of the Project, Premises shall be valid unless it is in writing and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premisessigned by Xxxxxxxx. 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 At the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines deliver to Landlord the Premises with all improvements located therein in the condition required by the first sentence of Section 8(b)(ii), with all Required Removables, as defined below, removed and repair such all damage promptly after receipt of a notice resulting from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this shall have been repaired, free of Hazardous Materials (as defined in Section shall become 25(i) below) placed on the property of Landlord Premises during the Term (without payment excluding any such placement by Landlord, its agents, contractors, or employees), and shall be surrendered in good condition and working orderdeliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, lien freeTenant may remove all unattached trade fixtures, furniture, and properly labeled with an identification system reasonably approved personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord, excluding Tenant’s AV and IT Equipment, as defined below). All personal property Tenant shall have no obligation to remove any Cable at the expiration or earlier termination of Tenant not removed hereunder shall be deemedthis Lease. In addition, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability written notice to Tenant for loss or damage thereto or loss of use thereofat the time Landlord consents to any Alterations (including the Work), store such property in may require Tenant’s name , at Tenant’s expense and/or dispose expense, to remove any improvements or other affixed installations that were performed by or installed by or on behalf of Tenant and that, in Landlord’s reasonable judgment, are of a nature that would entail removal and repair costs that are materially in excess of the same in removal and repair costs associated with standard office installations, including, without limitation, shower rooms, kitchens, executive bathrooms, raised computer floors, computer room installations, supplemental HVAC equipment, generators, telecommunications equipment (excluding the Cable), safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, slab penetrations, conveyors, curved walls, drop ceilings, and any manner permitted other improvements of a similar character and/or incorporating unusual architectural elements or requiring unusual expense to remove and restore (“Specialty Alterations”). Unless otherwise expressly provided by law.Landlord at the time Tenant obtains Landlord’s consent to any Specialty Alterations, all Specialty Alterations shall be deemed “

Appears in 1 contract

Samples: Office Lease Agreement (Sage Therapeutics, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease or Tenant’s right to possess the Premises, Tenant shall (a) deliver to Landlord the Premises broom-clean with all improvements located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the Premises and all access cards to the Project; (c) remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal by delivering written notice thereof to Tenant at least 90 days before the end of the Term); (d) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party, including all connections for such cabling, at Tenant’s sole cost or, if Landlord so elects, Landlord may perform such removal at Tenant’s sole cost, with the cost thereof to be paid to Landlord as Rent (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of this Leasethe Term, to require Tenant shall quietly to abandon and peacefully surrender leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling |including conduit], whether located in the Premises to Landlord or elsewhere in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and if Landlord so elects, Tenant covenants that such cabling shall provide be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or any successor statute, and shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box); and (e) remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may request; however, Tenant shall not be required to Landlord the combination remove any addition 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 improvement to the Premises and or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration items described above. If Tenant fails to remove any of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not items required to be removed pursuant to this Section shall become the property of by Tenant, Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedmay, at Landlord’s option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items 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; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be abandoned performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord may, without on demand for any liability to Tenant for loss or damage thereto or loss of use thereof, store such property expenses which Landlord may incur in effecting compliance with Tenant’s name obligations hereunder (including collection costs and attorneys’ fees), plus interest thereon at Tenant’s expense and/or dispose the Default Rate, or (3) elect any of the same actions described in any manner permitted by lawclauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (RetailMeNot, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 15 and 16 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Tenant may remove all trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion of the Projectwiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord may request; however, Tenant shall provide not be required to Landlord the combination remove any addition 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 improvement to the Premises and or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage to the Project caused by such removal. In addition, TenantAll items not so removed shall, at its cost Landlord's option, be deemed to have been abandoned by Tenant and expensemay be appropriated, shall remove all Lines installed sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items. In the event that a party hereto first learns of a claim against the other or for Tenant that are located within a default by the Premises or, in other under this Section 22 after the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration end of the Term, Tenant shall remove such Lines and repair party may bring a cause of action against the other party only if such damage on or before party files the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) cause of action within 90 days prior to after the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case end of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by lawTerm.

Appears in 1 contract

Samples: Lease Agreement (Aviall Inc)

Surrender of Premises. Upon On the Expiration Date expiration of the Term or earlier sooner termination of this Lease, Tenant shall quietly shall, at Tenant’s sole cost, (a) promptly and peacefully peaceably surrender the Premises to Landlord “broom clean,” in good order and condition, (b) repair any damage to the Property caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner all holes and other marks in the condition called floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction, and (d) deliver all keys and access cards to the Premises to Landlord. Before surrendering the 72 , unless Tenant first obtains a judicial order expressly authorizing Tenant to do so pursuant to a judicial proceeding, notice of which has been given to Landlord by personal service as required by the Utah Rules of Civil Procedure for such proceeding. If after all of the required notices have been given and all of the time periods for cure have expired under the foregoing portion of this Paragraph, neither Landlord nor such holder has performed such obligation, then Tenant may, after at least five (5) business days’ prior written notice to Landlord, in compliance with the provisions of Paragraphs 9.2(a), (b) and (f) (excluding any required Landlord approval) and subject to all other applicable provisions of this Lease (other than Paragraphs 9.2(c), (d), (e) and (g)), perform such obligation in a first-class and workmanlike manner. Nevertheless, even in such event, Tenant still may not terminate this Lease or withhold the payment of rent or other charges provided for in this Lease as a result of Landlord’s default, , unless Tenant first obtains a judicial order expressly authorizing Tenant to do so pursuant to a judicial proceeding, notice of which has been given to Landlord by personal service as required by the Utah Rules of Civil Procedure for such proceeding Premises, Tenant shall, at Tenant’s sole cost, remove Tenant’s personal property73 and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the Premises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises without Landlord’s prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall deliver have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision). Landlord may require Tenant to Landlord remove any keys personal property, trade fixtures, other property, alterations, additions and improvements made to the PremisesPremises by Tenant or by Landlord for Tenant including, without limitation, any computer lines, wiring, cabling and facilities and other similar improvements, and to restore the Premises to their condition as of the Commencement Date74. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises75 or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other portion person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. No surrender of the ProjectPremises shall be effected by Landlord’s acceptance of the keys or of the rent or by any other means without Landlord’s written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant’s obligations under this Lease in connection with surrender of the Premises76 until Landlord has inspected the Premises and delivered to Tenant a written release77. 73 (including furniture, equipment and appliances owned by Tenant, but excluding any items paid for by Landlord directly or through any tenant improvement allowance) 74 ; provided, however, that notwithstanding the foregoing to the contrary, Tenant shall have no obligation to remove the improvements made by Landlord pursuant to the attached Exhibit C, and except as otherwise expressly required by this Lease (for example purposes only, in Paragraph 19.2 regarding signage), Tenant shall provide have no obligation to Landlord remove any other improvements made by Tenant with Landlord’s prior written consent unless Landlord’s consent to make such alterations was expressly conditioned on Tenant’s removing such alterations at the combination expiration of the Term or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier sooner termination of this Lease, Tenantexcept that, at its cost and expensein all events, shall unless Landlord otherwise consents in writing, Tenant must remove all of its computer lines, wiring and cabling associated with Tenant’s 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 that are located within above the Premises or, ceiling tile in the case Premises. If Landlord determines that such computer lines, wiring and cabling can be reused by the next subsequent tenant of Lines exclusively serving the Premises, anywhere Landlord shall notify Tenant of such determination within fifteen (15) business days following receipt of written request from Tenant, which request may be made by Tenant at any time during the final ninety (90) days of the Term, and Tenant shall not be required to remove such computer lines, wiring and cabling. If Landlord fails to respond to Tenant within such fifteen (15) day period, Landlord shall be deemed to have withheld its consent to such computer lines, wiring and cabling remaining in the Project, including, without limitation, the Building plenum, risers and all conduitsPremises, and repair all damage to the Project caused by Tenant shall remove such removal as follows: (i) in the case of computer lines, wiring and cabling at the expiration of the Term, Tenant shall remove Term or sooner termination of this Lease 75 (as such Lines and repair such damage on or before abandonment is described in Paragraph 16.1) 76 at the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case expiration of the earlier Term or sooner termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Office Lease (CHG Healthcare Services, Inc.)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender (i) deliver the Premises to Landlord with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted, (ii) remove any Alterations installed in the condition called for Premises in accordance with the provisions of Section 8(a) above and all locks to any Secured Area as required by this LeaseLandlord, shall and (iii) deliver to Landlord any all 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 Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than the expiration date or earlier termination of the Lease) remove such trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by 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 Tenant’s expense and/or dispose cost without notice to Tenant and without any obligation to account for such items. The provisions of this Section 21 shall survive the expiration or earlier termination of the same in any manner permitted by lawLease.

Appears in 1 contract

Samples: Industrial Lease Agreement (Heritage Global Inc.)

Surrender of Premises. 24.1 Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called as on the date Tenant took possession, except for (a) reasonable wear and tear; (b) loss by this Leasefire or other casualty; and (c) loss by condemnation. All fixtures, equipment, improvements, and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall deliver to Landlord any keys to be and remain a part of the Premises, or any other portion shall be the property of the ProjectLandlord, 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, not be removed by Tenant, at its cost and expense, except as directed by Landlord. Tenant shall not be required to remove all of its personal property from any leasehold improvements unless (i) such removal is necessary to ensure that the Premises comply with applicable code at the time of surrender, including but not limited to removal of wires located in risers and plenums without raceways or conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required at the time Landlord approved Tenant’s plans therefor. 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 all any damage to the Project caused by Premises resulting from such removal. In addition, Tenant, at its cost and expense, Internal floor coating/concrete hardener shall remove all Lines installed by or for Tenant that are located within the Premises or, be left in the case of Lines exclusively serving the Premises, anywhere in the Projectsealed condition, including, without limitation, the Building plenum, risers and all conduitsany areas that may be damaged by removal of Tenant’s fixtures. All interior walls should be left in good condition, and repair all damage to the Project caused by such any holes from removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by lawfixtures must be patched.

Appears in 1 contract

Samples: Lease (Nautilus, 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 or earlier termination of this Lease, as promptly as commercially practicable thereafter), Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, including all Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 15 below, with all fixtures appurtenant thereto, (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any other portion occupants or tenancies (unless consented to by Landlord in writing), and, subject to Section 13, in compliance with Laws (including, without limitation, Environmental Laws) and all Encumbrances and in as good condition and repair as existed as of the ProjectCommencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and shall provide any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in at least a substantially similar condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. For the avoidance of doubt, to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems extent there is a bank vault in the Premises, Tenant shall have no obligation to remove such vault on surrendering the Premises. On At the end of the Term, all Alterations will belong to Landlord, unless they are Tenant’s Personal Property. Subject to Section 36 below, any of Tenant’s Personal Property installed or before placed on the Expiration Date Premises by Tenant or earlier any subtenant or assignee of 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, Tenantafter thirty (30) days’ prior written notice to Tenant following such thirty (30) day period. If Landlord shall not so elect, at its cost and expenseLandlord, shall after thirty (30) days’ prior written notice to Tenant following such thirty (30) day period, may remove all of its personal such property from the Premises and have it stored or disposed of at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all material 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless by Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with extent not caused by the Premises; and (ii) in the case negligence or willful misconduct of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Lease Agreement (Valley National Bancorp)

Surrender of Premises. Upon the Expiration Date or 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 shall quietly will at once surrender and peacefully surrender deliver up the Premises to Landlord, together with any attached fixtures [other than the Tenant's Property (defined below), trade fixtures, and any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises], additions and improvements which Tenant is not to remove pursuant to the provisions of Section 10.1 hereof, in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and, notwithstanding anything to the contrary contained herein, unless otherwise notified by Landlord in writing in accordance with the provisions hereof, in the condition called in which the Premises existed as of the Lease Date, except for by this Lease, reasonable wear and tear. Reasonable wear and tear shall deliver to Landlord not include any keys damage or deterioration to the Premises, or any other portion floors 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 Premises arising from the Premises and repair all damage to the Project caused by such removal. In additionuse of forklifts in, Tenant, at its cost and expense, shall remove all Lines installed by on or for Tenant that are located within about the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, (including, without limitation, any marks or stains of any portion of the Building plenum, risers and all conduitsfloors), and repair any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise timely performing all damage to the Project caused by of its obligations under this Lease. Upon such removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of 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 10.1, that it will require such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not removal, or it is deemed to be required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlordremoved), and shall be surrendered in good condition and working orderthe Tenant's Property, lien freeall tenant signage, and properly labeled with an identification system reasonably approved by Landlord. All trade fixtures, non-attached fixtures, furniture, furnishings, personal property and, if Landlord has notified Tenant, in writing, that it will require such removal (or it is deemed to be required to be removed) such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant not (including without limitation, any items comprising the Tenant Improvements) or situated in or about the Premises. Tenant shall repair any and all damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be removed hereunder shall be deemedfrom the Premises by Tenant hereunder. In addition to the foregoing, certain equipment of Tenant used in, on or about the Premises is listed in Exhibit I, attached hereto and made a part hereof (collectively, the "Tenant's Property"). Notwithstanding anything to the contrary contained herein, at Landlord’s option, to be abandoned by the expiration or earlier termination of this Lease Tenant shall remove from the Premises the Tenant's Property. Tenant shall ensure that the removal of such items 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 Tenant’s expense and/or dispose the repair and restoration of the same in any manner permitted by lawPremises will be completed prior to such expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Exodus Communications Inc)

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term (unless caused by Landlord, its employees, agents or contractors), in broom-clean condition including cleaning of interior surface of all walls, flooring, ceiling and/or any roof deck due to Landlord in the condition called for Tenant’s specific use (with such cleaning by this Leasecommercial cleaning application as approved by Landlord), reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Tenant will remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion of wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option as described in Section 8(a), Tenant shall (not later than ten (10) days after 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 expiration or earlier termination of this the Lease) remove such Specialty Alterations, as well as wiring, conduits, or cabling installed by Tenant; however, at its cost and expenseTenant shall not be required to remove the initial Tenant Improvements, nor shall Tenant be required to remove all of its personal property from any other improvement or addition to the Premises and or the Project if Landlord has specifically agreed in writing that such other improvement or addition in question need not be removed. Tenant shall 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 45 option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by 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 Tenant’s expense and/or dispose cost without 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 same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 20 shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Corcept Therapeutics Inc)

Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall surrender to Landlord the Premises and all tenant Improvements and Alterations clean and in the same condition as existed at the Commencement Date, except for ordinary wear and tear, casualty, and condemnation, Alterations which Tenant has the right or is obligated to remove such Lines under the provisions of ¶14 herein, and repair such damage Hazardous Materials that (a) exist on the Premises as of the Commencement Date, (b) result from underground migration from property outside of the Business Park, and (c) have been released at the Business Park by other tenants of the Business Park. Tenant shall remove all personal property including, without limitation, all wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any Alterations or Tenant’s fixtures, furnishings, equipment and other personal property before the Expiration expiration of the Term, including, for example, restoring all wall surfaces to their condition as of the Commencement Date. In any event, unless Landlord notifies Tenant, at least thirty (30) days Tenant shall cause the following to be done prior to the Expiration Date, that such Lines shall be surrendered with expiration or the Premises; and (ii) in the case of the earlier sooner termination of this Lease: (i) all interior walls shall be cleaned; (ii) all tiled floors shall be cleaned; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, Tenant marred, stained or nonconforming acoustical ceiling tile shall remove such Lines be replaced; (v) all exterior and interior windows shall be washed; (vi) the 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 damage promptly after receipt of a notice from Landlord requiring such removal firm; and repair. Any Lines not required to be removed pursuant to this Section shall become (vii) the property of Landlord (without payment by Landlord), plumbing and electrical systems and lighting shall be surrendered placed in good condition order and working orderrepair (including replacement of any burned out, lien freediscolored or broken light bulbs, and properly labeled with an identification system reasonably approved by Landlordballasts, or lenses). All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, Landlord can elect to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss retain or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law Tenant’s personal property not removed from the Premises by Tenant prior to the expiration of the Term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of Tenant’s personal property in compliance with law. Tenant shall be liable to Landlord for Landlord’s cost for storage, removal and disposal of Tenant’s personal property. Notwithstanding the foregoing, upon expiration of the Term Tenant shall not be required to remove the following Alterations that have been approved pursuant to Section 29 below: (a) the new enclosure surrounding the loading dock door, (b) the portion of the office area improvements crosshatched on Exhibit F attached hereto, and (c) the 30 ton HVAC unit to be installed on the lower roof of the Building which will service the warehouse portion of the Premises.

Appears in 1 contract

Samples: 3PAR Inc.

Surrender of Premises. Upon the Expiration Date expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in as good condition and repair as existed upon Landlord's delivery of the Premises to Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Notwithstanding the foregoing, prior to Tenant's surrender of the Premises to Landlord, at the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to 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, Tenantshall, at its sole cost and expense, cause the following to be done: (i) all interior walls shall remove be painted or cleaned, as necessary; (ii) all tiled floors shall be cleaned; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all debris, rubbish, such items of its furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property from owned by Tenant or installed or placed by Tenant at its expense in the Premises shall be removed; and (vi) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). In addition, at Landlord's request, Tenant shall, prior to Tenant's surrender of the Premises to Landlord, (i) remove any Alterations which Tenant is required to remove pursuant to Section 5.5 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in return the case Premises or any part thereof to its original configuration existing as of the earlier termination of time the Premises were delivered by Landlord to Tenant, except as provided in this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, 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 Tenant’s expense and/or dispose of the same in any manner permitted by law.

Appears in 1 contract

Samples: Lease (PROCEPT BioRobotics Corp)

Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Unless otherwise instructed by Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to 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 that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, 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 expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration termination of the term hereof, Subtenant shall at its own expense and before the end of the term hereof (a) remove all fixtures, equipment, partitions, and other improvements to the Premises installed by Subtenant which can be removed without materially damaging the Premises, (b) remove all alterations and improvements to the Premises installed by Subtenant which were not consented to by Landlord, Tenant and/or Lessor (as the case may be) as required under this Sublease and the Main Lease and/or the Main Sublease, (c) remove all alterations and improvements to the Premises as requested by Landlord, Tenant and/or Lessor (as the case may be) at the time that any plans for such work are approved by same installed by Subtenant, provided that such request shall not unreasonably be made, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, and close all floor, ceiling, and roof openings, (e) restore any alterations or improvements to the Premises made by Tenant which were in existence on the Commencement Date to the condition in which such alterations or improvements existed on the Commencement Date, that such Lines shall be surrendered with the Premises; reasonable wear and tear and casualty excepted, and (iif) restore and surrender the Premises to Tenant in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in as good condition and working orderrepair as the Premises were in at the Commencement Date, lien free, reasonable wear and properly labeled with an identification system reasonably approved by Landlordtear and casualty excepted. All personal property of Tenant not removed hereunder Subtenant remaining on the Premises after the termination of the term hereof shall be deemeddeemed to have been abandoned by Subtenant, provided, however, that if any such property so remains on the Premises and the removal of such property would impose an expense on either Landlord or Tenant, then, at Landlord’s optiontheir election, Landlord or Tenant shall be entitled, but not obligated, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store remove such property on behalf of and for the account of Subtenant, in which case all expenses so incurred by Landlord and/or Tenant in connection therewith shall be paid by Subtenant to Landlord or Tenant (as the case may be), immediately upon Landlord or Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law's demand therefor.

Appears in 1 contract

Samples: Sublease Agreement (Clayton Holdings Inc)

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