Common use of Surrender of the Premises Clause in Contracts

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

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

AutoNDA by SimpleDocs

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all interior and exterior 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall continue to be responsible for the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 2 contracts

Samples: Acceptance Agreement (Miramar Labs, Inc.), Acceptance Agreement (Miramar Labs, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section §7.2A or Section §7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be touched up with panet and/or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section §5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Lease Agreement, Silicon Motion Technology CORP

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A (P)7.2A or Section 7.2B. (P)7.2B, and (iv) Landlord's negligence, willful misconduct and/or breach of the Lease. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process and normal use which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenancemaintenance for which Tenant or its agents are responsible. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s 's Alterations which Tenant is required to remove pursuant to Section 5.2 (P)5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding Tenant unless Landlord has provided prior written approval for any change made since the Commencement Date which Landlord does not require to be returned to its original condition. Tenant shall have no obligation to remove the Interior Improvements shown on constructed pursuant to Exhibit C. B. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs reasonably incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Sublease Agreement (Tivo Inc)

Surrender of the Premises. 19.1 Upon the expiration Expiration Date or sooner earlier termination of this Lease, Tenant or upon any re-entry of the Premises by Landlord in accordance with this Lease without terminating this Lease pursuant to Section 13.2, Tenant, at Tenant's sole cost and expense, shall peacefully vacate and surrender the Premises to Landlord in good order, broom clean and in the same condition as existed on at the Commencement Datebeginning of the Term or as the Premises may thereafter have been improved by Landlord or Tenant (subject to Section 10.3 hereof), except for (i) reasonable use and wear thereof and tearrepairs which are Landlord's obligations under Articles 9, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation15 and l6 only excepted, and (iii) contamination by Hazardous Materials Tenant shall remove all of Tenant's Property and turn over all keys for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by to Landlord. No provision of this Lease shall impose upon Landlord any obligation to care for or preserve any of Tenant's Property left upon the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practicesPremises, and does not include items Tenant hereby waives and releases Landlord from any claim or liability in connection with the removal of neglected or deferred maintenancesuch property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. If Landlord so requests, Should Tenant shall, prior continue to hold the Premises after the expiration or sooner earlier termination of this Lease, such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance at monthly installments of Rent equal to one hundred fifty percent (i150%) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalof the monthly portion of Rent in effect as of the date of expiration or earlier termination, and (ii) return subject to all of the other terms, charges and expenses set forth herein except any right to renew this Lease or to expand the Premises or any part thereof right to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, additional services. Tenant shall also be liable to Landlord for all costs incurred damage which Landlord suffers because of any holding over by Landlord in returning the Premises to the required conditionTenant, plus interest on all costs incurred at the Agreed Interest Rate. and Tenant shall indemnify Landlord against loss all claims made by any other tenant or liability prospective tenant against Landlord resulting from delay by Tenant Landlord in so surrendering delivering possession of the Premises, including, without limitation, any claims made by any succeeding Premises to such other tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsprospective tenant. The provisions of this Article 19 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (BofI Holding, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this LeaseSublease Agreement, Tenant shall vacate and surrender the Premises to Landlord in the same condition condition, ordinary wear and tear and damage from casualty or compulsory acquisition or by Landlord and its agents excepted, as existed on at the Commencement Date, except for Tenant shall remove any or all of (i) reasonable wear and tearits personal property, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnationTrade Fixtures, and (iii) contamination Improvements (only if such removal was required in writing by Hazardous Materials for which Tenant is not responsible pursuant Landlord at the time Landlord gave its consent to Section 7.2A or Section 7.2B. In this regardsuch installation), normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage to the Premises caused by such removal, . If such removal and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises other surrender obligations are not so surrendered upon completed before the expiration or sooner termination of this Leasethe Sublease Term, Landlord shall have the right (but no obligation) to perform such obligations, and Tenant shall be liable to pay Landlord on demand for all costs (including removal and storage) incurred by Landlord in returning the Premises to the required conditionconnection therewith, plus interest on all such costs incurred at the Agreed Interest Rate. Landlord shall also have the right to retain or dispose of all or any portion of Tenant’s personal property or Trade Fixtures if Tenant does not pay all such costs and retrieve the property within fifteen (15) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all claims, demands and causes of action against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Sublease Agreement or of Tenant’s possession, whichever is earliest, Tenant shall indemnify surrender all keys to the Premises or any other part of the Premises and shall deliver to Landlord against loss all keys for or liability resulting from delay by Tenant make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant . Tenant’s obligations under this Section shall survive the expiration or losses to Landlord due to lost opportunities to lease to succeeding tenantstermination of this Sublease Agreement.

Appears in 1 contract

Samples: Sublease Agreement (Avago Technologies LTD)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section §7.2A or Section 7.2B. §7.2B; (iv) Tenant Improvements or Tenant’s Alterations which Tenant elects not to remove or which Tenant is not allowed to remove, pursuant to §5.2 above; and (v) removal of Tenant Improvements which Tenant is required to remove for any reasons set forth herein. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned where damaged; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all 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 firm, ; and (vii) 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), reasonable wear and tear excepted. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) Lease remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section §5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding except with regard to the Landlord Improvements shown on Exhibit C. original Tenant Improvements, which may remain. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Genesis Microchip Inc /De

Surrender of the Premises. Section 16.1 Upon the expiration of the Term or sooner earlier termination of this Lease, Tenant or upon any re-entry of the Premises by Landlord without terminating this Lease pursuant to the terms hereof, Tenant, at Tenant's sole cost and expense, shall peacefully vacate and surrender the Premises to Landlord in good order, broom clean and in the same condition as existed on at the Commencement Datebeginning of the Term or as the Premises may thereafter have been improved by Landlord or Tenant (provided that Tenant's improvements were made with Landlord's consent without the condition that such improvements be removed upon surrender), except for (i) reasonable use and ordinary wear and teartear thereof and repairs which are Landlord's obligations under this Lease excepted, (ii) and also excepting loss by fire and other casualty and loss or damage caused by any casualty not caused by Tenant the negligent act or Tenant’s Agents or condemnationwillful misconduct of Landlord, and (iii) contamination Tenant shall remove all of Tenant's Property and such other property as is contemplated by Hazardous Materials Section 16.2 hereof and turn over all keys for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by to Landlord. Should Tenant continue to hold the natural aging process which occurs in spite of prudent application Premises after the expiration of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected Term or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner earlier termination of this Lease, such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance at monthly installments of Base Rent equal to the greater of one hundred fifty percent (i150%) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return of the Premises or any part thereof to its original configuration existing monthly portion of Base Rent in effect as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the date of such expiration or sooner earlier termination or one hundred fifty percent (150%) of the fair market rental value of the Premises, and subject to all of the other terms, charges and expenses set forth herein (including the payment of Tenant's Share of Excess Operating Costs and Taxes) except any right to extend the term of this LeaseLease and any right with respect to other space (including, without limitation, any right of first refusal, right of first offer or similar right and any right to expand the Premises). Tenant shall also be liable to Landlord for all costs incurred damage which Landlord suffers because of any holding over by Landlord in returning the Premises to the required conditionTenant, plus interest on all costs incurred at the Agreed Interest Rate. and Tenant shall indemnify Landlord against loss all claims made by any other tenant or liability prospective tenant against Landlord resulting from delay by Tenant Landlord in so surrendering delivering possession of the Premises, including, without limitation, any claims made by any succeeding Premises to such other tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsprospective tenant. The provisions of this Article 16 shall survive the expiration of the Term or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (GBC Bancorp Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section P. 7.2A or Section P. 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be cleaned or if necessary painted to appear in good condition, reasonable wear and tear excepted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s 's Alterations which Tenant is required to remove pursuant to Section P. 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to TenantTenant with the Tenant Improvements completed, excluding except for any portion of the Tenant Improvements that Landlord notifies Tenant at the time Landlord approves of the Construction Plans for the Tenant Improvements shown on Exhibit C. must be removed by Tenant at or prior to the expiration or earlier termination of this Lease. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants only if there is a delay of more than thirty (30) days in completing such work.

Appears in 1 contract

Samples: All American Semiconductor Inc

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. 7.2B and (iv) alterations not required to be removed hereunder. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (ii) all interior and exterior windows shall be washed; (iii) 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 firm; and (iv) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration the condition existing as prior to the construction of the time the Premises were delivered to such Tenant, excluding the Landlord Improvements shown on Exhibit C. ’s Alterations. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall continue to be responsible for the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Acceptance Agreement (Barracuda Networks Inc)

Surrender of the Premises. Upon Tenant shall peaceably surrender the expiration Premises to Landlord on the Expiration Date or sooner earlier termination of this Lease, in broom-clean condition and in as good condition as when Tenant took possession, including, without limitation, the repair of any damage to the Premises caused by the removal of any of Tenant’s personal property or trade fixtures from the Premises, except for reasonable wear and tear and loss by fire or other casualty not caused by Tenant or its agents, and subject to Section 7.4. Notwithstanding anything to the contrary contained herein, on or before the Expiration Date or any earlier termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on the Commencement Dateshall, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or at Tenant’s Agents sole cost and expense and in compliance with the National Electric Code and other Applicable Laws, remove all electronic, fiber, computer, phone, data and other cabling and wiring and related equipment that has been installed in or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to around the Premises by or for the natural aging process which occurs in spite primary benefit of prudent application of Tenant or any transferee or successor (collectively, the best standards for maintenance“Cabling”); provided, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requestshowever, Tenant shall, shall not remove the Cabling if Tenant receives a written notice from Landlord prior to the expiration or sooner earlier termination of this Lease authorizing all or any portion of the Cabling to remain in place, in which event the Cabling or portion thereof authorized by Landlord to remain at the Premises shall be labeled by Tenant in accordance with the National Electric Code and other Applicable Law and surrendered with the Premises upon expiration or earlier termination of this Lease. Subject to Section 7.4, (i) remove any of Tenant’s Alterations which personal property left on or in the Premises, the Building or the Common Areas after the Expiration Date or earlier termination of this Lease shall be deemed to be abandoned without any further notice whatsoever to Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalLandlord, and (ii) return the Premises or and, at Landlord’s option, Landlord may dispose of said property in any part thereof to its original configuration existing as of the time the Premises were delivered manner it deems appropriate, without compensation to Tenant, excluding the and title to said property shall pass to Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of under this Lease. Landlord reserves the right to charge Tenant for the removal, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning storage and disposition of any of Tenant’s personal property left within any portion of the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsProject.

Appears in 1 contract

Samples: Office Lease (Ampio Pharmaceuticals, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, tear excepted (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal provided such wear and tear shall be construed to mean wear could not have been avoided by use of best maintenance and tear caused repair practices and compliance with Tenant’s obligations under this Lease). Notwithstanding anything to the Premises by contrary contained herein, on or before the natural aging process which occurs in spite of prudent application expiration of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected Lease Term or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner any earlier termination of this Lease, (i) remove any Tenant shall, at Tenant’s Alterations which sole cost and expense and in compliance with the National Electric Code and other applicable laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the exclusive benefit of Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return in or around the Premises (collectively. the “Cabling”); provided, however, Tenant shall not remove the Cabling if Tenant receives a written notice from Landlord at least fifteen (15) days prior to the expiration of the Lease authorizing all or any part thereof to its original configuration existing as portion of the time Cabling to remain in place, in which event the Cabling or portion thereof authorized by Landlord remain at the Premises were delivered to Tenant, excluding shall be surrendered with the Landlord Improvements shown on Exhibit C. Premises upon expiration or earlier termination of this Lease. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (ShockWave Medical, Inc.)

Surrender of the Premises. Upon At the expiration or sooner earlier termination of this LeaseAgreement, Tenant Concessionaire shall vacate and surrender return the Premises in good condition and repair, subject to Landlord in the same condition as existed on the Commencement Date, except for (i) reasonable ordinary wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnationand Concessionaire shall remove all personal property, trade fixtures, and equipment, if any, of Concessionaire (iiibut excluding the Concessionaire Improvements, unless otherwise directed by the State) contamination by Hazardous Materials for which Tenant is not responsible pursuant from the Premises prior to Section 7.2A the date of expiration or Section 7.2B. In this regard, normal wear earlier termination. Concessionaire shall repair any and tear shall be construed to mean wear and tear caused all damage to the Premises caused by the natural aging process which occurs in spite of prudent application Concessionaire's removal of the best standards for maintenancepersonal property, repair and janitorial practicestrade fixtures, and does not include items equipment, if any. All such removal and repair required of neglected or deferred maintenanceConcessionaire pursuant to this Article IV.C (Surrender of the Premises) shall be at Concessionaire's sole cost and expense. If Landlord so requests, Tenant shall, Concessionaire fails to remove any items required to be removed by Concessionaire hereunder or fails to repair any resulting damage prior to the or within ten (10) days after expiration or sooner earlier termination of this LeaseAgreement, then the State may (ibut shall not be obligated to) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 said items, and repair all damage caused by such removalany resulting damage, and Concessionaire shall pay the cost of any such removal and repair, together with interest thereon at the Default Rate from and after the date such costs were incurred until receipt of full payment therefor. Concessionaire shall also furnish to the State (ii) return as to existing Concessionaire Improvements if not previously delivered to the Premises or any part thereof State), and the State shall have the right to its original configuration existing as use, a full set of the time "as-built" plans and specifications for all Concessionaire Improvements, and all final reports prepared by or for Concessionaire on the Premises were delivered to Tenantenvironmental or physical condition of the Premises. Without limiting the foregoing, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner earlier termination of this LeaseAgreement, Tenant at the State's option, any USTs on the Premises shall be liable to Landlord for all costs incurred by Landlord in returning the Premises deemed conveyed to the State, or shall be required conditionto be removed by Concessionaire at Concessionaire’s sole cost and expense. Concessionaire shall confirm any such conveyance of USTs by a xxxx of sale for such USTs to the State, plus interest on if requested by the State. Concessionaire shall perform any removal required by the State in accordance with all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant Environmental Laws (as defined in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsArticle XXII.A.4 [Environmental Laws] hereof) and otherwise in accordance with Article XXII (Hazardous Substances) hereof.

Appears in 1 contract

Samples: Concession Agreement

Surrender of the Premises. Section 19.1 Upon the expiration Expiration Date or sooner earlier termination of this Lease, Tenant or upon any re-entry of the Premises by Landlord without terminating this Lease pursuant to Section 13.2(b), Tenant, at Tenant's sole cost and expense, shall peacefully vacate and surrender the Premises to Landlord in good order, broom clean and in the same condition as existed on at the Commencement Date, except for beginning of the Term or as the Premises may thereafter have been improved by Landlord or Tenant (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or provided that Tenant’s Agents or condemnation's improvements were made with Landlord's consent, and (iii) contamination by Hazardous Materials subject to Landlord's right to require the removal of alterations, additions or improvements), casualty, condemnation and reasonable use and wear thereof and repairs which are Landlord's obligations under Articles 9, 15 and 16 only excepted, and Tenant shall remove all of Tenant's Property and turn over all keys for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by to Landlord. No provision of this Lease shall impose upon Landlord any obligation to care for or preserve any of Tenant's property left upon the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practicesPremises, and does not include items Tenant hereby waives and releases Landlord from any claim or liability in connection with the removal of neglected or deferred maintenancesuch property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. If Landlord so requests, Should Tenant shall, prior continue to hold the Premises after the expiration or sooner earlier termination of this Lease, such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance at monthly installments of Rent equal the greater of one hundred fifty percent (i150%) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalof the monthly portion of Rent in effect as of the date of expiration or earlier termination or two hundred percent (200%) of the fair market rental value of the Premises, and (ii) return subject to all of the other terms, charges and expenses set forth herein except any right to renew this Lease or to expand the Premises or any part thereof right to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, additional services. Tenant shall also be liable to Landlord for all costs incurred damage which Landlord suffers because of any holding over by Landlord in returning the Premises to the required conditionTenant, plus interest on all costs incurred at the Agreed Interest Rate. and Tenant shall indemnify indemnify, defend, protect and hold Landlord harmless from and against loss any and all loss, cost, damage or liability arising out of such holding over, including without limitation, all claims made by any other tenant or prospective tenant against Landlord resulting from delay by Tenant Landlord in so surrendering delivering possession of the Premises, including, without limitation, any claims made by any succeeding Premises to such other tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsprospective tenant. The provisions of this Article 19 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Earthlink Network Inc /De/)

Surrender of the Premises. Upon At the expiration or sooner earlier termination of this LeaseAgreement, Tenant Concessionaire shall vacate and surrender return the Premises in good condition and repair, subject to Landlord in the same condition as existed on the Commencement Date, except for (i) reasonable ordinary wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnationand Concessionaire shall remove all personal property, trade fixtures, and equipment, if any, of Concessionaire (iiibut excluding the Concessionaire Improvements, unless otherwise directed by the State) contamination by Hazardous Materials for which Tenant is not responsible pursuant from the Premises prior to Section 7.2A the date of expiration or Section 7.2B. In this regard, normal wear earlier termination. Concessionaire shall repair any and tear shall be construed to mean wear and tear caused all damage to the Premises caused by the natural aging process which occurs in spite of prudent application Concessionaire's removal of the best standards for maintenancepersonal property, repair and janitorial practicestrade fixtures, and does not include items equipment, if any. All such removal and repair required of neglected or deferred maintenanceConcessionaire pursuant to this Article IV.C (Surrender of the Premises) shall be at Concessionaire's sole cost and expense. If Landlord so requests, Tenant shall, Concessionaire fails to remove any items required to be removed by Concessionaire hereunder or fails to repair any resulting damage prior to the or within ten (10) days after expiration or sooner earlier termination of this LeaseAgreement, then the State may (ibut shall not be obligated to) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 said items, and repair all damage caused by such removalany resulting damage, and Concessionaire shall pay the cost of any such removal and repair, together with interest thereon at the Default Rate from and after the date such costs were incurred until receipt of full payment therefor. Concessionaire shall also furnish to the State (ii) return as to existing Concessionaire Improvements if not previously delivered to the Premises or any part thereof State), and the State shall have the right to its original configuration existing as use, a full set of the time "as-built" plans and specifications for all Concessionaire Improvements, and all final reports prepared by or for Concessionaire on the Premises were delivered to Tenantenvironmental or physical condition of the Premises. Without limiting the foregoing, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner earlier termination of this LeaseAgreement, Tenant at the State's option, any USTs on the Premises shall be liable to Landlord for all costs incurred by Landlord in returning the Premises deemed conveyed to the State, or shall be required conditionto be removed by Concessionaire at Concessionaire’s sole cost and expense. Concessionaire shall confirm any such conveyance of USTs by a bill of sale for such USTs to the State, plus interest on if requested by the State. Concessionaire shall perform any removal required by the State in accordance with all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant Environmental Laws (as defined in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsArticle XXII.A.4 [Environmental Laws] hereof) and otherwise in accordance with Article XXII (Hazardous Substances) hereof.

Appears in 1 contract

Samples: Concession Agreement

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A paragraph7.2A or Section 7.2B. paragraph7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so requeststhat they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all interior and exterior 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 firm; and (vii) 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). Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s 's Alterations which Tenant is required to remove pursuant to Section 5.2 paragraph5.2C and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (New Focus Inc)

Surrender of the Premises. On the Lease Expiration Date or earlier termination of this Lease pursuant to the provisions hereof, Tenant shall quit and surrender the Premises to Landlord without delay, free from all liens thereon and in good order, condition and repair, ordinary wear and tear excepted (and damage and destruction or condemnation if this Lease is terminated pursuant to either Article 9 or 10). Such surrender of the Premises shall be accomplished without the necessity for any payment therefor by Landlord. Upon such event, title to the expiration Improvements shall automatically vest in Landlord without the execution of any further instrument; provided, however, Tenant covenants and agrees, upon either such event, to execute (at no cost or sooner expense to Tenant) such appropriate documentation as may be reasonably requested by Landlord to transfer title to the Improvements to Landlord. It is agreed that at the termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed may remove any movable personal property which Tenant has placed on the Commencement DatePremises, except for (i) reasonable wear and tearany property, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused has been attached to the Premises by in such a manner as to become a fixture (other than Tenant's trade fixtures); provided, however, that Tenant shall repair, at its sole cost, any damage to the natural aging process which occurs in spite Premises that results from Tenant's removal of prudent application of the best standards for maintenance, repair its personal property and janitorial practices, and does not include items of neglected trade fixtures. Tenant's obligations to observe or deferred maintenance. If Landlord so requests, Tenant shall, prior to perform this covenant shall survive the expiration or sooner other termination of the Term of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant default in so surrendering the Demised Premises, includingTenant's occupancy subsequent to such expiration or termination, without limitationwhether or not with the consent or acquiescence of Landlord, any claims made shall be deemed to be a tenancy-at-will and in no event for month-to-month or year-to-year, and it shall be subject to all the terms, covenants and conditions of this Lease applicable thereto. No extension or renewal of this Lease shall be deemed to have occurred by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantssuch holding over.

Appears in 1 contract

Samples: Ground Lease (Pinnacle Financial Partners Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section PARA 7.2A or Section PARA 7.2B. In this regard, normal reasonable wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease in order to return the Premises to the same condition when the Lease commenced subject to reasonable wear and tear: (i) all interior walls shall be painted or cleaned so that they appear in good condition; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant Improvements that Landlord notified Tenant at the time Landlord approved of the Final Plans (as defined in Exhibit B attached hereto would have to be removed at the expiration or earlier termination of this Lease, unless Landlord subsequently notifies Tenant at least thirty (30) days prior to the expiration of the Lease that all or any portion of the Tenant Improvements must remain, and repair all damage caused by such removal, (ii) remove any Tenant’s 's Alterations which Tenant is required to remove pursuant to Section PARA 5.2 and repair all damage caused by such removal, and (iiiii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Adac Laboratories

Surrender of the Premises. Upon the expiration or sooner termination of this LeaseLease and provided Xxxxxx has fully complied with the provisions of Section 7.2.5 (and other applicable sections), Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. Article 7. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (iy) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (iiz) except for any Tenant’s Alterations that Tenant is not required to remove, return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant Xxxxxx in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Industrial Space Lease (Neophotonics Corp)

Surrender of the Premises. Upon the expiration or sooner earlier termination ------------------------- of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same good condition as existed on the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regardrepair, normal wear and tear shall be construed to mean wear and tear caused acts of God excepted, with all interior walls in good repair, all carpets shampooed and cleaned, all floors cleaned and waxed, and the HVAC equipment in good working condition, all to the reasonable satisfaction of Landlord. Tenant may remove any of Tenant's Alterations and Tenant shall remove from the Premises by such of Tenant's Alterations to the natural aging process which occurs in spite extent that removal was a requirement of prudent application Landlord's approval of such Alterations, as communicated to Tenant within fifteen (15) business days after Tenant's request for approval of such Alterations, and all Tenant's Personal Property; and Tenant may remove any or all of the best standards for maintenanceTenant Improvements installed in the Premises (other than those Tenant Improvements which are denoted on the "Final Plans" described in Exhibit "B" as elements of the Tenant Improvements which may not be ----------- removed by Tenant at the end of the term of the Lease) and shall repair any damage and perform any restoration work caused by such removal; provided, repair however if Tenant is then in default, Landlord shall have all of the rights with respect to Tenant's Personal Property set forth in California Civil Code (S)(S) 1980-1991, inclusive. If Tenant fails to remove such Alterations and janitorial practicesTenant's Personal Property which Tenant is authorized and obligated to remove pursuant to the above, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to such failure continues after the expiration or sooner termination of this Lease, (i) remove Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may assert its rights under the California Civil Code as described above. Tenant shall pay to Landlord, upon demand, the costs of removal of any such Alterations and Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 's Personal Property and repair all damage caused by such removalstorage and transportation costs of same, and (ii) return the Premises or any part thereof to its original configuration existing as cost of repairing and restoring the time Premises, together with interest at the Premises were delivered to Tenant, excluding Interest Rate from the Landlord Improvements shown on Exhibit C. date of expenditure by Landlord. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable hereby agrees to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord and its Agents against all loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs.

Appears in 1 contract

Samples: Terayon Communication Systems

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A ¶7.2A or Section 7.2B. ¶7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be cleaned so that they appear in a neat and clean condition reasonable wear and tear excepted, and if cleaning is not sufficient to achieve such condition, then the walls will be painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 ¶5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Acceptance Agreement (Sirf Technology Holdings Inc)

Surrender of the Premises. Upon At the expiration or sooner termination of this LeaseLease in accordance with its terms, Tenant shall vacate and shall, without notice to quit which Tenant hereby waives, surrender the Premises to Landlord in the same condition as existed on the Commencement DatePremises were upon completion of construction contemplated by Section 3 hereof, except for (i) reasonable wear and teartear excepted, and shall deliver all keys for the Premises to Landlord at the place then fixed for the payment of rent, and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall remove all of its trade fixtures and other personal property (including all racking, vaults and all shelving installed by Tenant), and any alterations, additions or improvements which Landlord requires to be removed, (ii) provided that Landlord’s Work shall not be required to be removed), before surrendering the Premises and shall repair in a good and workmanlike manner any damage caused by such removal. If Tenant remains in possession of the Premises after the expiration or termination of the Term without the execution of a new lease, or a renewal or extension in writing, Tenant shall be liable for all damages that Landlord may sustain by virtue thereof, including but not limited to, any casualty not caused amount for which Landlord may be liable under, or as the result of, any lease entered into by Tenant Landlord for a term beginning at or Tenant’s Agents or condemnationafter the expiration of the Term. If, and (iii) contamination by Hazardous Materials for which while Tenant is not responsible pursuant holding over, it shall continue to Section 7.2A or Section 7.2B. In this regard, normal wear be subject to and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application perform all of the best standards for maintenanceconditions, repair provisions and janitorial practices, and does not include items obligations of neglected or deferred maintenance. If this Lease except that Tenant shall pay Landlord so requests, Tenant shall, rent at an amount equal to 150% of the rent payable prior to the expiration or sooner termination of the Term; and Tenant shall continue to be a tenant from month-to-month until its tenancy shall be terminated by Landlord, or until Tenant shall have given Landlord written notice of at least one (1) full calendar month of its intention to terminate the tenancy. Nothing contained in this Lease, (i) remove any Tenant’s Alterations which however, shall be construed as a consent by Landlord to the occupancy or possession of the Premises by Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalafter the expiration of the Term, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises entitled to the required conditionbenefit of all public general or public local laws or ordinances relating to the recovery of possession of lands and tenements held over by tenants, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss that may now be in force or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantshereafter enacted.

Appears in 1 contract

Samples: Lease Agreement (Tactical Solution Partners, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination ------------------------- of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A (P)7.2A or Section 7.2B. (P)7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be cleaned so that they appear in a neat and clean condition reasonable wear and tear excepted, and if cleaning is not sufficient to achieve such condition, then the walls will be painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s 's Alterations which Tenant is required to remove pursuant to Section 5.2 (P)5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Acceptance Agreement (Sirf Technology Inc)

Surrender of the Premises. Upon the expiration or sooner earlier termination of this Lease, Tenant shall vacate quit and surrender the Premises to Landlord the County without delay, free of all liens, encumbrances and claims, and in the same good order, condition as existed on the Commencement Dateand repair, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal ordinary wear and tear and as otherwise provided in this Lease. Such surrender of the Premises shall be construed to mean wear and tear caused accomplished without the necessity for any payment therefore by the County. Upon such event, title to the Premises Improvements shall automatically vest in the County without the execution of any further instrument; provided, however, Tenant covenants and agrees, upon either such event, to execute (at no cost or expense to the County) such appropriate documentation as may be reasonably requested by the natural aging process which occurs in spite of prudent application of County to transfer, or confirm the best standards for maintenancetransfer of, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior title to the Improvements to the County. Within 180 days after such expiration or sooner earlier termination of this Lease, (i) remove any if requested by the County in writing, Tenant shall, at its sole cost and expense, raze all Improvements and clear the land of the Premises of all debris and rubble and restore the land of the Premises to open park space to the satisfaction of the County. Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon obligations under this Article XIV shall survive the expiration or sooner earlier termination of this Lease. Tenant may use funds in the Repair and Replacement Reserve to pay the reasonable costs and expenses actually incurred for the removal and/or demolition of the Improvements. If Tenant fails to immediately surrender possession of the Premises, then, in addition to all other remedies available to the County, Tenant shall, at the County’s sole election, become a tenant from month-to-month upon all the terms, covenants and conditions of this Lease, except that Tenant shall be liable for one hundred fifty percent (150%) of the monthly Base Rent to be payable to the County in monthly installments, in advance, on the first day of each calendar month for so long as Tenant shall remain in possession of the Premises. Tenant also shall be liable and pay all Revenue Based Rent that is due under the terms of this Lease, except that the amount of Revenue Based Rent shall include one hundred percent (100%) of all deferred income from sponsorship, advertising and licensing fees. Notwithstanding the County’s acceptance of Rent from Tenant during this holdover period, Tenant shall be liable to Landlord the County for all costs incurred damages, costs, liabilities and expenses, including attorneys' fees, that the County may sustain or incur by Landlord in returning the Premises virtue of Tenant's failure to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering surrender the Premises, including, without limitation, and the County in no way waives any claims made rights or remedies that it has under this Lease or at law or in equity by any succeeding tenant or losses virtue of Tenant’s refusal to Landlord due to lost opportunities to lease to succeeding tenantsproperly surrender the Premises.

Appears in 1 contract

Samples: Ground Lease Agreement

Surrender of the Premises. Upon the expiration or sooner earlier termination of this LeaseSublease, Tenant Sublessee shall vacate and surrender the Premises to Landlord the Sublessor in the same its condition existing as existed on of the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused acts of God excepted, with all interior walls in good repair, all carpets shampooed and cleaned, the HVAC equipment, plumbing, electrical and other mechanical installations in good operating order and all floors cleaned and waxed, all to the reasonable satisfaction of Sublessor. Sublessee shall remove from the Premises by the natural aging process which occurs in spite all of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Sublessee's Alterations which Tenant is required Sublessor requires Sublessee to remove pursuant to Section 5.2 8.1 and all of Sublessee's Property (except such of Sublessee's Property as Sublessee is permitted to leave in the Building pursuant to Exhibits "C-l" and "C-2" at the expiration or earlier termination of this Sublease) and shall repair all any damage and perform any restoration work caused by such removal. If Sublessee fails to remove such Alterations and Sublessee's Property which Sublessee is authorized and obligated to remove pursuant to the above, and (ii) return such failure continues after the Premises termination of this Sublease, Sublessor may, subject to Section 15.3(c), retain such property and all rights of Sublessee with respect to it shall cease, or Sublessor may place all or any part thereof portion of such property in public storage for Sublessee's account. Sublessee shall pay to its original configuration existing as Sublessor, upon demand, the costs of removal of any such Alterations and Sublessee's Property and storage and transportation costs of same, and the time cost of repairing and restoring the Premises were delivered to TenantPremises, excluding together with attorneys' fees and interest on said amounts at the Landlord Improvements shown on Exhibit C. Applicable Rate from the date of expenditure by Sublessor. If the Premises are not so surrendered upon at the expiration or sooner termination of this LeaseSublease, Tenant shall be liable Sublessee hereby agrees to Landlord for indemnify Sublessor and Sublessor's Agents against all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from any delay by Tenant Sublessee in so surrendering the Premises, including, without limitationbut not limited to, any claims made by any succeeding tenant or tenant, losses to Landlord Sublessor due to lost opportunities to lease sublease to succeeding tenants, and actual attorneys' fees and costs.

Appears in 1 contract

Samples: Sublease (Inflow Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall ARIDIS PHARMACEUTICALS, INC. be painted or cleaned so that they appear freshly painted; (ii) all non-carpeted floor coverings shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; and (v) all windows shall be washed. If required pursuant to Section 5.2(C), or if Tenant has not requested a determination from Landlord with respect to such Tenant’s Alterations pursuant to Section 5.2(C), if Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: NNN Office Lease (Aridis Pharmaceuticals, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A 7.2, (iv) alterations or Section 7.2B. other improvements in the Premises which Tenant is permitted to surrender at the expiration or earlier termination of this Lease, and (v) repairs which are the responsibility of Landlord under this Lease. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, reasonable wear and tear, damage caused by any peril or condemnation, and repairs which are the responsibility of Landlord so requestsunder this Lease excepted; and (iii) 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), reasonable wear and tear, damage caused by any peril or condemnation, and repairs which are the responsibility of Landlord under this Lease. Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, reasonable wear and (ii) return tear, damage caused by any peril or condemnation, and repairs which are the Premises or any part thereof to its original configuration existing as responsibility of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. under this Lease excepted. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Intevac Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, and (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (a) all interior walls shall be painted or cleaned so that they appear freshly painted; (b) all tiled floors shall be cleaned and waxed; (iiic) contamination all carpets shall be cleaned and shampooed; (d) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (e) all windows shall be washed; (f) the HVAC system shall be serviced by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, a reputable and licensed service firm and left in good operating condition and repair (normal wear and tear excepted) as so certified by such firm; and (g) the plumbing and electrical systems and lighting shall be construed to mean wear placed in good order and tear caused to the Premises by the natural aging process which occurs in spite repair (including replacement of prudent application of the best standards for maintenanceany burned out, repair and janitorial practicesdiscolored or broken light bulbs, and does not include items of neglected ballasts, or deferred maintenancelenses). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i1) remove any Tenant’s 's Alterations which Tenant is required to remove pursuant to Section 5.2 11 and repair all damage caused by such removal, ; and (ii2) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify indemnify, defend by counsel satisfactory to Landlord, protect and hold Landlord harmless against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

Surrender of the Premises. Upon At the expiration of the Lease Term or sooner the earlier termination of this Lease, Tenant shall vacate and will surrender possession of the Premises and all Improvements located thereon and deliver the same to Landlord in the same good order, condition as existed on the Commencement Dateand repair, except for (i) reasonable ordinary wear and tear, (ii) damage caused by any casualty not caused casualty, condemnation and acts of God excepted, in each case free and clear of all liens and encumbrances created or suffered by Tenant or anyone claiming by, through or under Tenant’s Agents . Upon the expiration or condemnationearlier termination of the Lease Tenant shall have no right to remove any Improvements (including any New Improvements) from the Premises without the express written consent of Landlord, and Tenant shall have no obligation to remove any (iiia) contamination by Hazardous Materials for which Tenant is not responsible pursuant Existing Improvements or (b) any New Improvements permitted to Section 7.2A be constructed or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to installed on the Premises by Tenant under this Lease. Notwithstanding the natural aging process which occurs in spite foregoing, at the option of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requestsLandlord, Tenant shall, shall raze all or any portion of any New Improvements not permitted to be constructed or installed on the Premises by Tenant under this Lease and that are designated by Landlord in writing to Tenant to be razed at least six (6) months prior to the expiration of the stated Term of this Lease or sooner within thirty (30) days after any early termination of this Lease, (i) remove and in such event, Tenant shall surrender the Premises free and clear of any Tenant’s Alterations such Improvements so designated. In the event Tenant does not surrender possession of the Premises to Landlord as provided above, Tenant shall be deemed a holdover tenant on a month-to- month basis and shall pay to Landlord for each month or portion of a month in which Tenant is required holds over in the Premises, an amount equal to remove pursuant one hundred fifty percent (150%) of the monthly portion of the Annual Rent which was payable under this Lease during the last month of the Lease Term, plus all Additional Rent, payable in accordance with the terms of this Lease. Such amount shall be payable in advance on the first day of each and every calendar month. In no event shall any provision contained in this Lease be deemed to Section 5.2 and repair all damage caused by such removal, and (ii) return permit Tenant to retain possession of the Premises or any part thereof to its original configuration existing as after the expiration of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration Lease Term or sooner earlier termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: General Assignment Agreement

Surrender of the Premises. Upon the expiration or sooner earlier termination of this Lease, Tenant shall vacate and immediately surrender the Leased Premises to Landlord in the same broom-clean condition as existed on the Commencement Dateand in good condition and repair, except for (i) reasonable wear and teartear excepted. Tenant shall also remove its personal property, (ii) damage caused trade fixtures and any of Tenant's alterations designated by Landlord, promptly repair any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return restore the Leased Premises or any part thereof to its original configuration the condition existing as prior to the installation of the time the Premises were delivered such items, reasonable, wear and tear excepted. Prior to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner earlier termination of this Lease, Tenant shall remove the chillers, cooling towers and air handlers supported by the chillers and cooling towers and replace the air handlers with gas fired roof top units per Landlord's standards. Landlord reserves the right to require Tenant to remove the clean room, the entrance and exit associated therewith and the wall around the freezers prior to the expiration or earlier termination of this Lease and other items to be liable removed as indicated on Exhibit B-1. If Tenant fails to do so, Landlord for all costs incurred by Landlord in returning may restore the Leased Premises to such condition at Tenant's expense, Landlord may cause all of said property to be removed at Tenant's expense, and Tenant hereby agrees to pay all the required conditioncosts and expenses thereby reasonably incurred. All Tenant property which is not removed within ten (10) days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned by Tenant, plus interest on all costs incurred and Landlord shall be entitled to dispose of such property at Tenant's cost without thereby incurring any liability to Tenant. The provisions of this section shall survive the Agreed Interest Rate. Tenant shall indemnify Landlord against loss expiration or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsother termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Viacell Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same its condition existing as existed on of the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused acts of God excepted, with all interior walls in good repair, all carpets shampooed and cleaned, the HVAC equipment, plumbing, electrical and other mechanical installations in good operating order and all floors cleaned and waxed, all to the Premises by the natural aging process reasonable satisfaction of Landlord. Tenant shall remove those Alterations (including, without limitation, telecommunications and data cabling and wiring) which occurs in spite of prudent application of the best standards for maintenance, repair Tenant is required to remove pursuant to Section 8.1 above and janitorial practicesSection 22.4 below, and does not include items of neglected or deferred maintenanceall Tenant’s Personal Property, and shall repair any damage and perform any restoration work caused by such removal. If Landlord so requestsTenant fails to remove such Alterations and Tenant’s Personal Property which Tenant is authorized and obligated to remove pursuant to the above, Tenant shall, prior to and such failure continues after the expiration or sooner termination of this Lease, (i) remove Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account, or Landlord may dispose of such property in any other manner permitted by Applicable Law. Tenant shall pay to Landlord, upon demand, the costs of removal of any such Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalTenant’s Personal Property and storage and transportation costs of same, and (ii) return the Premises or any part thereof to its original configuration existing as cost of repairing and restoring the time Premises, together with attorneys’ fees and interest on said amounts at the Premises were delivered to Tenant, excluding Applicable Rate from the Landlord Improvements shown on Exhibit C. date of expenditure by Landlord. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable Xxxxxx hereby agrees to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord and Xxxxxxxx’s Agents against all loss or liability resulting from any delay by Tenant Xxxxxx in so surrendering the Premises, including, without limitationbut not limited to, any claims made by any succeeding tenant or tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and actual attorneys’ fees and costs. In addition, if the Premises are not so surrendered at the expiration or sooner termination of this Lease, such failure shall, at Landlord’s election and upon written Notice to Tenant, constitute an Event of Default under this Lease.

Appears in 1 contract

Samples: Standard Form Office Lease (Flitways Technology Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section PARA 7.2A or Section PARA 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s 's Alterations which Tenant is required to remove pursuant to Section PARA 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Acceptance Agreement (Oplink Communications Inc)

Surrender of the Premises. Upon the expiration or sooner earlier termination of this Lease, Tenant shall vacate and immediately surrender the Leased Premises to Landlord in broom-clean condition and in the same condition and repair as existed on the Commencement Datewhen received, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or acts of God, casualties, condemnation, Hazardous Substances (other than those released or emitted by Tenant) and (iii) contamination by Hazardous Materials for alterations and improvements which Tenant is not responsible pursuant required to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to remove at the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, excepted. Tenant shall also remove its personal property, trade fixtures and any of Tenant's alterations designated by Landlord (i) remove excluding its initial wiring and cabling), promptly repair any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and restore the Leased Premises to the condition required under this Section 2.03; provided, however, that Tenant shall have no obligation to remove any Tenant Improvements. If Tenant fails to do so, Landlord may restore the Leased Premises to such condition at Tenant's expense, Landlord may cause all of said property to be removed at Tenant's expense, and Tenant hereby agrees to pay all the costs and expenses thereby reasonably incurred. Notwithstanding the last sentence of Section 13.02(b), all Tenant property which is not removed within ten (ii10) return the Premises or days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned by Tenant and Landlord shall be entitled to dispose of such property at Tenant's cost in accordance with applicable law without thereby incurring any part thereof to its original configuration existing as of the time the Premises were delivered liability to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon . The provisions of this section shall survive the expiration or sooner other termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease Agreement (Catapult Communications Corp)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all non-carpeted floor coverings shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) [Omitted.]; and (v) all windows shall be washed. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Office Lease (Monolithic Power Systems Inc)

Surrender of the Premises. Section 19.1 Upon the expiration Expiration Date or sooner earlier termination of this Lease, Tenant or upon any re-entry of the Premises by Landlord without terminating this Lease pursuant to Section 13.2(b), Tenant, at Tenant's sole cost and expense, shall peacefully vacate and surrender the Premises to Landlord in good order, broom clean and in the same condition as existed on at the Commencement Datebeginning of the Term or as the Premises may thereafter have been improved by Landlord or Tenant (provided that Xxxxxx's improvements were made with Xxxxxxxx's consent), except for (i) reasonable use and wear thereof and tearrepairs which are Landlord's obligations under Articles 9, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation15 and 16 only excepted, and (iii) contamination by Hazardous Materials for which Tenant is not responsible shall, pursuant to Section 7.2A or Section 7.2B. In this regard10.3 hereof, normal wear remove all of Tenant's Premises Property and tear shall be construed to mean wear and tear caused to turn over all keys for the Premises by to Landlord. Should Tenant continue to hold the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to Premises after the expiration or sooner earlier termination of this Lease, such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance at monthly installments of Rent equal to (i) remove one hundred fifty percent (150%) of the Rent in effect as of the date of expiration or earlier termination for the first thirty (30) days of any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalholdover, and (ii) return two hundred percent (200%) of the monthly portion of Rent in effect as of the date of expiration or earlier termination after the first thirty (30) days of any such holdover, and subject to all of the other terms, charges and expenses set forth herein except any right to renew this Lease or to expand the Premises or any part thereof right to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, additional services. Tenant shall also be liable to Landlord for all costs incurred consequential and other damage which Landlord suffers because of any holding over by Landlord in returning the Premises to the required conditionXxxxxx, plus interest on all costs incurred at the Agreed Interest Rate. and Tenant shall indemnify Landlord against loss all claims made by any other tenant or liability prospective tenant against Landlord resulting from delay by Tenant Xxxxxxxx in so surrendering delivering possession of the Premises, including, without limitation, any claims made by any succeeding Premises to such other tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsprospective tenant. The provisions of this Article 19 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Advanced Life Sciences Holdings, Inc.)

AutoNDA by SimpleDocs

Surrender of the Premises. Upon the expiration Expiration Date or sooner earlier termination of this Lease, Tenant or upon any re-entry of the Premises by Landlord without terminating this Lease pursuant to Section 13.2(b), Tenant, at Tenant's sole cost and expense, shall peacefully vacate and surrender the Premises to Landlord in good order, broom clean and in the same condition as existed on at the Commencement Datebeginning of the Lease Term or as the Premises may thereafter have been improved by Landlord or Tenant (provided that Tenant's improvements were made with Landlord's consent), except for (i) reasonable use and wear thereof and tearrepairs which are Landlord's obligations under Articles 9, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation15 and 16 only excepted, and Tenant shall remove all of Tenant's Property (iii) contamination by Hazardous Materials including, without limitation, all cabling and wiring for which Tenant is not responsible pursuant to Section 7.2A computer systems, telephones and the like whether located above the finished ceiling or Section 7.2B. In this regardunderneath the floor), normal wear repair any damage resulting from such removal, and tear shall be construed to mean wear and tear caused to turn over all keys for the Premises by to Landlord. Should Tenant continue to hold the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to Premises after the expiration or sooner earlier termination of this Lease, such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance at monthly installments of Rent equal to one hundred fifty percent (i150%) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalof the monthly portion of Rent in effect as of the date of expiration or earlier termination, and (ii) return subject to all of the other terms, charges and expenses set forth herein except any right to renew this Lease or to expand the Premises or any part thereof right to its original configuration existing as of the time the Premises were delivered additional services. The foregoing sentence shall LANDLORD ___________ TENANT ____________ in no event be construed to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, permit such holding over without Landlord's consent. Tenant shall also be liable to Landlord for all costs incurred damages (including consequential damages) which Landlord suffers because of any holding over by Landlord in returning the Premises to the required conditionTenant, plus interest on all costs incurred at the Agreed Interest Rate. and Tenant shall indemnify Landlord against loss all claims made by any other tenant or liability prospective tenant against Landlord resulting from delay by Tenant Landlord in so surrendering delivering possession of the Premises, including, without limitation, any claims made by any succeeding Premises to such other tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsprospective tenant. The provisions of this Article 19 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Teamstaff Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same good condition as existed on the Commencement Dateand repair, except for (ia) reasonable wear and tear, tear and (iib) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. . In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best reasonable industry standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or sooner termination of this Lease: (i) all interior walls shall be cleaned; (ii) all tiled floors shall be cleaned; and (iii) all carpets shall be cleaned. If Landlord so requestsrequests (subject to Section 8.2.C and, with respect to Tenant’s Work, subject to Section 7 of the Work Letter attached to the Lease as Exhibit C), Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 8.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify indemnify, defend, protect and hold harmless Landlord against loss loss, costs, claims, damage or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims resulting from such delay made by any succeeding tenant or, if such holdover extends beyond forty-five (45) days after the expiration or sooner termination of this Lease, losses to Landlord due to lost opportunities to lease to succeeding tenantstenants resulting from such delay (subject to Landlord’s obligation, if any, to mitigate damages under Law).

Appears in 1 contract

Samples: Lease (Jive Software, Inc.)

Surrender of the Premises. Upon the expiration or sooner earlier termination of this Lease, or upon the exercise by Landlord of its right to re-enter the Leased Premises without terminating this Lease, Tenant shall vacate and immediately surrender the Leased Premises to Landlord Landlord, in the same broomclean condition as existed on the Commencement Dateand in good order, condition and repair, except for (i) reasonable ordinary wear and tear, (ii) tear and damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant obligated to Section 7.2A or Section 7.2B. In this regardrepair. Tenant shall also remove its personal property, normal wear trade fixtures and tear shall be construed any of Tenant's alterations (excluding the initial tenant finish improvements as set forth in EXHIBIT B) designated by Landlord at the time Landlord gives its consent to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, said alteration; promptly repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal; and restore the Leased Premises to the condition existing prior to the installation of the items so removed. Landlord's work pursuant to Section 2.02 herein, shall not be considered a Tenant alteration and, therefore, shall not be removed by Tenant. If Tenant fails to do so, Landlord may restore the Leased Premises to such condition at Tenant's expense, and Landlord may cause all of said property to be removed at Tenant's expense, and Tenant hereby agrees to pay all the costs and expenses thereby reasonably incurred. All property of Tenant which is not removed within ten (ii10) return the Premises or days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned by Tenant, and Landlord shall be entitled to dispose of such property without thereby incurring any part thereof to its original configuration existing as of the time the Premises were delivered liability to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon . The provisions of this section shall survive the expiration or sooner other termination of this Lease. Notwithstanding anything contained herein to the contrary, in the event Tenant installs or causes Landlord to install HEPA filters paid for by Tenant (the "Filters') in the Leased Premises, Tenant shall be liable have the right to Landlord for remove the Filters upon expiration or earlier termination of the Lease Term, provided Tenant is not in default hereunder, and further provided that Tenant replaces all costs incurred by Landlord in returning ceiling tiles and professionally-and appropriately terminates all wiring associated with the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsFilters.

Appears in 1 contract

Samples: Lease Agreement (August Technology Corp)

Surrender of the Premises. Upon the expiration or sooner earlier termination of this Lease, or upon the exercise by Landlord of its right to re-enter the Premises without terminating this Lease, Tenant shall vacate and immediately surrender the Premises to Landlord Landlord, together with all alterations, improvements and other property as provided elsewhere herein except as otherwise provided for herein, in the same broom-clean condition as existed on the Commencement Dateand in good order, condition and repair, except for (i) reasonable ordinary wear and tear, (ii) tear and damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant obligated to Section 7.2A repair, failing which Landlord may restore the Premises to such condition at Tenant’s expense. Upon such expiration or Section 7.2B. In this regardtermination, normal wear Tenant shall have the right to remove its personal property (as described in Article 7), and tear shall be construed to mean wear and tear caused shall, provided Landlord notified Tenant at the time Landlord consented to the Premises by the natural aging process which occurs in spite of prudent application installation of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, applicable alteration that such alteration(s) would need to be removed prior to the expiration or sooner termination of this Leasetermination, (i) remove any Tenant’s Alterations which Tenant is required all alterations made to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises by or any part thereof to its original configuration existing as on behalf of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, (including, without limitation, the work provided for in Tenant’s Initial Alterations, provided Landlord notifies Tenant of the required removal of the applicable portion of Tenant’s Initial Alterations in the letter of understanding described in 2.5 above or if Tenant performs other Alterations, as defined herein, during the Term). Any property remaining in the Premises after the expiration or termination of this Lease shall be deemed abandoned and Landlord shall have the right to remove and dispose of such property at Tenant’s sole cost and expense. Tenant shall, at its expense, promptly repair any claims made damage caused by any succeeding tenant or losses such removal, and shall restore the Premises to Landlord due the condition existing prior to lost opportunities the installation of the items so removed, ordinary wear and tear and other damage Tenant is not obligated to lease to succeeding tenantsrepair excepted.

Appears in 1 contract

Samples: Lease (Ikaria, Inc.)

Surrender of the Premises. Section 19.01. Upon the expiration Expiration Date or sooner earlier termination of this Lease, Tenant or upon any re-entry of the Premises by Landlord without terminating this Lease pursuant to Section 13.02(b), Tenant, at Tenant's sole cost and expense, shall peacefully vacate and surrender the Premises to Landlord in good order, broom clean and in the same condition as existed on at the Commencement Datebeginning of the Term or as the Premises may thereafter have been improved by Landlord or Tenant (provided that Tenant's improvements were made with Landlord's consent), except for (i) reasonable use and wear thereof and tearrepairs which are Landlord's obligations under Articles 9, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation15 and 16 only excepted, and (iii) contamination by Hazardous Materials Tenant shall remove all of Tenant's Property and turn over all keys for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by to Landlord. Should Tenant continue to hold the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to Premises after the expiration or sooner earlier termination of this Lease, such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at will at monthly installments of Rent equal to the greater of one hundred twenty-five percent (i125%) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalof the monthly portion of Rent in effect as of the date of expiration or earlier termination or one hundred twenty-five percent (125%) of the fair market rental value of the Premises, and (ii) return subject to all of the other terms, charges and expenses set forth herein except any right to renew this Lease or to expand the Premises or any part thereof right to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, additional services. Tenant shall also be liable to Landlord for all costs incurred damage which Landlord suffers because of any holding over by Landlord in returning the Premises to the required conditionTenant, plus interest on all costs incurred at the Agreed Interest Rate. and Tenant shall indemnify Landlord against loss all claims made by any other tenant or liability prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant. Such indemnification of Landlord by Tenant shall not exceed the sum equal to the greater of two hundred percent (200%) of the monthly portion of rent in so surrendering effect as of the date of expiration or earlier termination times the number of months holding over, or two hundred percent (200%) of the fair market rental value of the Premises, including, without limitation, any claims made by any succeeding tenant . The provisions of this Article 19 shall survive the expiration or losses to Landlord due to lost opportunities to lease to succeeding tenantsearlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Management Network Group Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A ¶7.2A or Section 7.2B. ¶7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 ¶5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Tegal Corp /De/)

Surrender of the Premises. (a) Upon the expiration or sooner earlier termination of this Lease, Tenant shall vacate and immediately surrender the Leased Premises to Landlord in the same broom-clean condition as existed on the Commencement Dateand in good condition and repair, except for (i) reasonable wear and teartear and loss by casualty or condemnation excepted. Tenant shall also remove its personal property, trade fixtures and any of Tenant's alterations designated by Landlord (ii) damage caused by including wiring and cabling, except as hereinafter provided), promptly repair any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return restore the Leased Premises to the condition existing upon the Commencement Date, reasonable wear and tear and loss by casualty or any part thereof condemnation excepted; provided, however, that Tenant shall not be required to its original configuration existing as remove Tenant's wiring and cabling provided that such wiring and cabling is left in good and usable condition for the next tenant's use of the time Leased Premises and legibly tagged for future use. If Tenant fails to do so, Landlord may restore the Leased Premises were delivered to such condition at Tenant's expense, Landlord may cause all of said property to be removed at Tenant's expense, and Tenant hereby agrees to pay all INDUSTRIAL LEASE the reasonable costs and expenses thereby reasonably incurred. All Tenant property which is not removed within ten (10) days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned by Tenant, and Landlord shall be entitled to dispose of such property at Tenant's cost without thereby incurring any liability to Tenant. Notwithstanding anything to the contrary contained herein, excluding Tenant shall have no obligation to remove any Tenant Improvements made prior to the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon Commencement Date. The provisions of this section shall survive the expiration or sooner other termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease Agreement (Genaissance Pharmaceuticals Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all interior and exterior 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall continue to be responsible for the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Notwithstanding the forgoing, Tenant shall not be obligated to remove the initial Tenant Improvements. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Acceptance Agreement (Electroglas Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, whether at the expiration of the Term or prior thereto pursuant to any provision hereof, Tenant shall vacate decommission the facilities and remove all containers of Tenant's Hazardous Materials from the Complex and remediate, to the extent required to Comply with Environmental Laws, any Tenant's Hazardous Materials on, from, or under the Premises and surrender to Landlord the Premises to Landlord in the same condition as existed on the Commencement Dategood order and repair, except for (i) reasonable wear and teartear and damage resulting from Landlord's acts excepted and subject to the effects of any damage, (ii) damage caused by destruction or Appropriation, as to which the provisions of Article 21 shall govern, and free and clear of all letting and occupancies other than any casualty Permitted Subleases that pursuant to the provisions of this Lease Landlord has elected to recognize after such termination, and free and clear of all liens and encumbrances not caused by Tenant Landlord or Tenant’s Agents or condemnation, and (iii) contamination otherwise approved in writing by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenanceLandlord. If Landlord so requests, Tenant shall, prior to the expiration or sooner Upon any termination of this Lease, all Improvements (iother than Tenant's Property) remove shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein on the part of Tenant or anyone claiming under Tenant’s Alterations which , and without payment therefor by Landlord. Upon or at any time after the Termination Date, if requested by Landlord, Tenant is shall, without charge to Landlord, promptly execute, acknowledge and deliver to Landlord quitclaim deed or other document reasonably required by any reputable title company, licensed to operate in the State of California, to remove pursuant the cloud or encumbrance created by this Lease from the real property of which Tenant's Premises are a part and a good and sufficient assignment to Section 5.2 and repair all damage caused by such removalLandlord of Tenant's interest in any Permitted Subleases which Landlord has elected to recognize after the Termination Date, and (ii) return in any contracts, as designated by Landlord, relating to the operation, management, maintenance or leasing of the Premises or any part thereof thereof, to its original configuration existing the extent assignable, and shall deliver to Landlord all such other instruments, records and documents relating to the operation, management, maintenance or leasing of the Premises or any part thereof, including but not limited to all leases, lease files, plans and specifications, records, registers, permits, and all other papers and documents which may be necessary or appropriate for the proper operation and management of the Premises. Any contracts, agreements or other obligations of Tenant relating to the Premises not designated by Landlord and assigned by Tenant to Landlord pursuant to this Article 26 shall immediately terminate and be of no further force or effect as of the time Termination Date. Any of Tenant's Property that remains on the Premises were delivered later than thirty (30) days (or ninety (90) days if the termination is a result of casualty or Appropriation) after the Termination Date may, at the option of Landlord, be deemed to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, have been abandoned by Tenant shall and may either be liable to Landlord for all costs incurred retained by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss as its property or liability resulting from delay by Tenant in so surrendering the Premises, includingdisposed of, without limitationaccountability, any claims made by any succeeding tenant or losses to in such manner as Landlord due to lost opportunities to lease to succeeding tenantsmay determine in its sole discretion.

Appears in 1 contract

Samples: Genencor International Inc

Surrender of the Premises. Section 19.1 Upon the expiration Expiration Date or sooner earlier termination of this Lease, Tenant or upon any re-entry of the Premises by Landlord without terminating this Lease pursuant to Section 13.2(b), Tenant, at Tenant's sole cost and expense, shall peacefully vacate and surrender the Premises to Landlord in good order, broom clean and in the same condition as existed on at the Commencement Datebeginning of the Term or as the Premises may thereafter have been improved by Landlord or Tenant (provided that Tenant's improvements were made with Landlord's consent), except for (i) reasonable use and wear thereof and tearrepairs which are Landlord's obligations under Articles 9, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation15 and 16 only excepted, and (iii) contamination by Hazardous Materials Tenant shall remove all of Tenant's Property and turn over all keys for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by to Landlord. Should Tenant continue to hold the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to Premises after the expiration or sooner earlier termination of this Lease, such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance at monthly installments of Rent equal the greater of two hundred percent (i200%) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalof the monthly portion of Rent in effect as of the date of expiration or earlier termination or two hundred percent (200%) of the fair market rental value of the Premises, and (ii) return subject to all of the other terms, charges and expenses set forth herein except any right to renew this Lease or to expand the Premises or any part thereof right to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, additional services. Tenant shall also be liable to Landlord for all costs incurred damage which Landlord suffers because of any holding over by Landlord in returning the Premises to the required conditionTenant, plus interest on all costs incurred at the Agreed Interest Rate. and Tenant shall indemnify Landlord against loss all claims made by any other tenant or liability prospective tenant against Landlord resulting from delay by Tenant Landlord in so surrendering delivering possession of the Premises, including, without limitation, any claims made by any succeeding Premises to such other tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsprospective tenant. The provisions of this Article 19 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Dade Behring Holdings Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. 7.2B, and (iv) Tenant’s Alterations that may be surrendered upon expiration of the Lease Term. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, reasonable wear and tear, as so certified by such firm; and (iii) 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) reasonable wear and tear. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. reasonable wear and tear and damage caused by a peril excepted. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall continue to be responsible for the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Lease (Concentric Medical Inc)

Surrender of the Premises. Section 20.01. Upon the expiration of the Term or sooner other termination of -------------- this Leaselease for any cause whatsoever, Tenant shall peacefully vacate and surrender the Premises to Landlord in as good order and condition as the same condition as existed on were at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused beginning of the Term or may thereafter have been improved by any casualty not caused by Tenant Landlord or Tenant’s Agents or condemnation, reasonable use and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear thereof and tear shall be construed to mean wear and tear caused damage to the Premises or the leasehold improvements by the natural aging process which occurs in spite of prudent application of the best standards for maintenancefire or other casualty or condemnation only excepted, repair provided that at Tenant's election and janitorial practices, at Tenant's cost and does not include items of neglected or deferred maintenance. If Landlord so requestsexpense, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) may remove any Tenant’s Alterations which decorative improvements (such as chandeliers, built-in cabinets, etc.) installed by Tenant is required to remove pursuant to Section 5.2 in the Premises and Tenant shall repair all any damage caused by such removal. Should Tenant continue to hold the Premises after the termination of this lease, whether the termination occurs by lapse of time or otherwise, such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at will at a daily Rental equal to one-thirtieth (1/30) of an amount equal to the monthly Fair Market Value Rate (as defined in Article 32) for the first thirty (30) days, and from and after thirty (ii30) return days after this lease has been terminated, at a daily Rental equal to 1/30th of an amount equal to two times the monthly Fair Market Value Rate (as defined in Article 32), in each case, times the number of square feet of Rentable Area in the Premises or any part thereof to its original configuration existing as of the time date of termination and subject to all of the Premises were delivered other terms set forth herein except any right to Tenantrenew this lease, excluding but the foregoing shall not constitute a consent by Landlord Improvements shown on Exhibit C. If the Premises are to such holding over and shall not so surrendered upon the expiration prevent Landlord from exercising any of its remedies under this lease or sooner termination applicable law by reason of this Lease, such holding over. Tenant shall be liable to Landlord for all costs incurred damage which Landlord suffers because of any holding over by Landlord in returning the Premises to the required conditionTenant, plus interest on all costs incurred at the Agreed Interest Rate. and Tenant shall indemnify Landlord against loss all claims made by any other tenant or liability prospective tenant against Landlord resulting from delay by Tenant Landlord in so surrendering delivering possession of the Premises, including, without limitation, any claims made by any succeeding Premises to such other tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsprospective tenant.

Appears in 1 contract

Samples: Sublease Agreement (Opnet Technologies Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, together with any Tenant Alterations which Landlord did not specify for removal pursuant to Section 5.2C hereof, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenancemaintenance which are the responsibility of Tenant hereunder. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (ii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Tenant except for Alterations made by Tenant and not specified by Landlord Improvements shown on Exhibit C. for removal pursuant to Section 5.2C hereof. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Premises to the required condition, plus interest on all such costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: By and Between (American Science & Engineering Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section PARA 7.2A or Section PARA 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so requeststhat they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all interior and exterior 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 firm; and (vii) 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). Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s 's Alterations which Tenant is required to remove pursuant to Section 5.2 PARA 5.2C and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Acceptance Agreement (Bookham, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (a) all interior walls shall be painted or cleaned so that they appear freshly painted; (b) all non-carpeted floor coverings shall be cleaned and waxed; (c) all carpets shall be cleaned and shampooed; (d) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; and (e) all windows shall be washed. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i1) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii2) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Gross Lease (Alphasmart Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which are not the express obligation of Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. hereunder. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (a) all interior walls shall be painted or cleaned so that they appear freshly painted; (b) all tiled floors shall be cleaned and waxed; (c) all carpets shall be cleaned and shampooed; (d) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (e) all windows shall be washed; (f) 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 firm; and (g) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i1) remove any Tenant’s 's Alterations which Tenant is required to remove pursuant to Section 5.2 9 and repair all damage caused by such removal, ; and (ii2) return the Premises or any part thereof to its original configuration existing exiting as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. . If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify indemnify, defend by counsel satisfactory to Landlord, protect and hold Landlord harmless against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Industrial Lease Agreement (Tibco Software Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A ¶7.2A or Section 7.2B. ¶7.2B and (iv) Landlord’s negligence, willful misconduct and/or breach of the Lease. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process and normal use which occurs in spite of prudent application of and the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenancemaintenance for which Tenant or its agents are responsible. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all 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 firm; and (vii) 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). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 ¶5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding . made since the Commencement date which Landlord does not require to be returned to its original condition. Tenant shall have no obligation to remove the Interior Improvements shown on constructed pursuant to Exhibit C. B. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs reasonably incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Sublease Agreement (Meru Networks Inc)

Surrender of the Premises. Section 19.1 Upon the expiration Expiration Date or sooner earlier termination of this Lease, Tenant or upon any re-entry of the Premises by Landlord without terminating this Lease pursuant to Section 13.2(b), Tenant, at Tenant’s sole cost and expense, shall peacefully vacate and surrender the Premises to Landlord in good order, broom clean and in the same condition as existed on at the Commencement Date, except for beginning of the Term or as the Premises may thereafter have been improved by Landlord or Tenant (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or provided that Tenant’s Agents or condemnationimprovements were made with Landlord’s consent), reasonable use and wear thereof and repairs which are Landlord’s obligations under Articles 9, 15 and 16 only excepted, and (iii) contamination by Hazardous Materials for which Tenant is not responsible shall, pursuant to Section 7.2A or Section 7.2B. In this regard10.3 hereof, normal wear remove all of Tenant’s Premises Property and tear shall be construed to mean wear and tear caused to turn over all keys for the Premises by to Landlord. Should Tenant continue to hold the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to Premises after the expiration or sooner earlier termination of this Lease, such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance at monthly installments of Rent equal to (i) remove one hundred fifty percent (150%) of the Rent in effect as of the date of expiration or earlier termination for the first thirty (30) days of any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalholdover, and (ii) return two hundred percent (200%) of the monthly portion of Rent in effect as of the date of expiration or earlier termination after the first thirty (30) days of any such holdover, and subject to all of the other terms, charges and expenses set forth herein except any right to renew this Lease or to expand the Premises or any part thereof right to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Lease, additional services. Tenant shall also be liable to Landlord for all costs incurred consequential and other damage which Landlord suffers because of any holding over by Landlord in returning the Premises to the required conditionTenant, plus interest on all costs incurred at the Agreed Interest Rate. and Tenant shall indemnify Landlord against loss all claims made by any other tenant or liability prospective tenant against Landlord resulting from delay by Tenant Landlord in so surrendering delivering possession of the Premises, including, without limitation, any claims made by any succeeding Premises to such other tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsprospective tenant. The provisions of this Article 19 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Advanced Life Sciences Holdings, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section P. 7.2A or Section P. 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best but reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be cleaned (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all 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 firm; and (vii) 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). If Landlord so requestsrequests not less than 90 days prior to the expiration of this Lease, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s 's Alterations which Tenant is required to remove pursuant to Section P. 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding Tenant except to the Landlord Improvements shown on Exhibit C. extent of alterations previously approved by Landlord. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease (Clarify Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A 7.2 and (iv) repair, maintenance or Section 7.2B. replacement tasks to be performed by Landlord hereunder. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. Tenant if Tenant is required to do so pursuant to Section 5.2. If the Premises are not so surrendered upon at the expiration or sooner termination of this Lease, Tenant shall continue to be responsible for the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by paid to any succeeding tenant or losses to and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenantstenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Acceptance Agreement (Omnicell Inc /Ca/)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed on at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A P.7.2A or Section 7.2B. P.7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requestsIn any event, Tenant shall, shall cause the following to be done prior to the expiration or the sooner termination of this Lease, : (i) remove any Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removal, and interior walls shall be painted or cleaned so that they appear freshly painted; (ii) return all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all windows shall be washed; (vi) the Premises HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair as so certified by such firm; and (vii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or any part thereof to its original configuration existing as of broken light bulbs, ballasts, or lenses). Notwithstanding the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of this Leaseforegoing, Tenant shall not be liable required to Landlord take an action required by the HVAC service firm in order for all costs incurred by Landlord in returning said firm to certify the Premises HVAC as meeting the standards of subparagraph (vi) above if, and to the required conditionextent that such action requires repair or replacement which is in the nature of a capital expense as defined in Paragraph 5.4, plus interest on all costs incurred at the Agreed Interest Rate. provided, however, that Tenant shall indemnify Landlord against loss not be relieved from such duty by this sentence if time need for such repair or liability resulting replacement results, wholly or in part, from delay by Tenant Tenant's breach of its duties under this Lease relating to the HVAC system, including but not limited to the duties set forth in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsParagraph 6.

Appears in 1 contract

Samples: Interior Improvement Agreement (Cylink Corp /Ca/)

Surrender of the Premises. Upon At the expiration of the Lease Term or sooner the earlier termination of this Lease, Tenant shall vacate and Xxxxxx will surrender possession of the Premises and all Improvements located thereon and deliver the same to Landlord in the same good order, condition as existed on the Commencement Dateand repair, except for (i) reasonable ordinary wear and tear, (ii) damage caused by any casualty not caused casualty, condemnation and acts of God excepted, in each case free and clear of all liens and encumbrances created or suffered by Tenant or anyone claiming by, through or under Tenant’s Agents . Upon the expiration or condemnationearlier termination of the Lease Tenant shall have no right to remove any Improvements (including any New Improvements) from the Premises without the express written consent of Landlord, and Tenant shall have no obligation to remove any (iiia) contamination by Hazardous Materials for which Tenant is not responsible pursuant Existing Improvements or (b) any New Improvements permitted to Section 7.2A be constructed or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to installed on the Premises by Tenant under this Lease. Notwithstanding the natural aging process which occurs in spite foregoing, at the option of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requestsLandlord, Tenant shall, shall raze all or any portion of any New Improvements not permitted to be constructed or installed on the Premises by Tenant under this Lease and that are designated by Landlord in writing to Tenant to be razed at least six (6) months prior to the expiration of the stated Term of this Lease or sooner within thirty (30) days after any early termination of this Lease, (i) remove and in such event, Tenant shall surrender the Premises free and clear of any Tenant’s Alterations such Improvements so designated. In the event Tenant does not surrender possession of the Premises to Landlord as provided above, Tenant shall be deemed a holdover tenant on a month-to- month basis and shall pay to Landlord for each month or portion of a month in which Tenant is required holds over in the Premises, an amount equal to remove pursuant one hundred fifty percent (150%) of the monthly portion of the Annual Rent which was payable under this Lease during the last month of the Lease Term, plus all Additional Rent, payable in accordance with the terms of this Lease. Such amount shall be payable in advance on the first day of each and every calendar month. In no event shall any provision contained in this Lease be deemed to Section 5.2 and repair all damage caused by such removal, and (ii) return permit Tenant to retain possession of the Premises or any part thereof to its original configuration existing as after the expiration of the time the Premises were delivered to Tenant, excluding the Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration Lease Term or sooner earlier termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Ground Lease

Surrender of the Premises. Upon Tenant shall peaceably surrender the expiration Premises to Landlord on the Expiration Date or sooner earlier termination of this Lease, in broom-clean condition and in as good condition as when Tenant took possession, including, without limitation, the repair of any damage to the Premises caused by the removal of any of Tenant’s personal property or trade fixtures from the Premises, except for reasonable wear and tear and loss by fire or other casualty not caused by Tenant or its agents, and subject to Section 7.4. Notwithstanding anything to the contrary contained herein, on or before the Expiration Date or any earlier termination of this Lease, Tenant shall vacate shall, at Tenant’s sole cost and surrender expense and in compliance with the National Electric Code and other applicable laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the exclusive benefit of Tenant in or around the Premises to Landlord in (collectively, the same condition as existed on the Commencement Date“Cabling”); provided, except for (i) reasonable wear and tear, (ii) damage caused by any casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. If Landlord so requestshowever, Tenant shall, shall not remove the Cabling if Tenant receives a written notice from Landlord at least fifteen (15) days prior to the expiration of the Lease authorizing all or sooner any portion of the Cabling to remain in place, in which event the Cabling or portion thereof authorized by Landlord remain at the Premises shall be surrendered with the Premises upon expiration or earlier termination of this Lease. Subject to Section 7.4, (i) remove any of Tenant’s Alterations which personal property left on or in the Premises, the Building or the Common Areas after the Expiration Date or earlier termination of this Lease shall be deemed to be abandoned without any further notice whatsoever to Tenant is required to remove pursuant to Section 5.2 and repair all damage caused by such removalLandlord, and (ii) return the Premises or and, at Landlord’s option, Landlord may dispose of said property in any part thereof to its original configuration existing as of the time the Premises were delivered manner it deems appropriate, without compensation to Tenant, excluding the and title shall pass to Landlord Improvements shown on Exhibit C. If the Premises are not so surrendered upon the expiration or sooner termination of under this Lease. Landlord reserves the right to charge Tenant for the removal, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning storage and disposition of any of Tenant’s personal property left within any portion of the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest RateProject. Tenant shall indemnify Landlord against loss hereby waives any rights it may have under Sections 1980 through 1991 of the California Civil Code, or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantsother statutes of similar import.

Appears in 1 contract

Samples: Office Lease (Oxis International Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!