Common use of Surrender of the Premises Clause in Contracts

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord.

Appears in 3 contracts

Samples: Media Arts Group Inc, Media Arts Group Inc, Media Arts Group Inc

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Surrender of the Premises. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty acts of God excepted, with all interior walls repaired and repainted if marked or damagedin good repair, all carpets shampooed and cleaned, all brokenthe HVAC equipment, marred or nonconforming acoustical ceiling tiles replacedplumbing, all windows washed, the plumbing electrical and electrical systems and lighting other mechanical installations in good operating order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required which Landlord requires Tenant to be removed remove pursuant to Paragraph 12, Section 8.1 and all Tenant's Personal Property Property, and shall repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal PropertyProperty which Tenant is authorized and obligated to remove pursuant to the above, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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. Tenant shall be liable pay to Landlord for Landlord, upon demand, the costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with attorneys' fees and interest on said amounts at the Interest Applicable Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant hereby agrees to indemnify Landlord and Landlord's Agents against all loss or liability resulting from any delay by Tenant in so surrendering the Premises, including, but not limited to, any claims made by any succeeding tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and actual attorneys' fees and costs.

Appears in 3 contracts

Samples: Cupertino Master Lease Agreement (Adforce Inc), Cupertino Master Lease Agreement (Adforce Inc), Lease Guaranty Agreement (Craig Jenny Inc /De)

Surrender of the Premises. Upon On the expiration last day of the term hereof, or earlier on the sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its their condition existing as of the Commencement DateDate of this Lease, normal except for (A) ordinary wear and tear tear; (B) acts of God; (C) condemnation; (D) Hazardous Materials which Tenant is not responsible for pursuant to this Lease; and fire (E) all alterations, improvements or other casualty excepted, additions which Tenant is not required to remove pursuant to this Lease. Tenant shall surrender the Premises with all originally painted interior walls repaired washed, and repainted if marked or damaged, all carpets shampooed and other interior walls cleaned, all broken, marred and repaired or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing air conditioning and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC heating equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained as required by Tenant during the Term of this Lease)Paragraph 10.B. hereof, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12Property from the Premises, and all property not so removed shall be deemed abandoned by Tenant's Personal Property and . Tenant, at its sole cost, shall repair any damage and perform any restoration work to the Premises caused by such removalthe removal of Tenant's Property, which repair shall include, without limitation, the patching and filling of holes and repair of structural damage. If Tenant fails to remove such Alterations and Tenant's Personal Propertythe Premises are not so surrendered at the termination of this Lease, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable indemnify, defend, protect and hold Landlord harmless from and 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 for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlorddue to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Lease Agreement (Auspex Systems Inc), Lease Agreement (Auspex Systems Inc)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Datedate of substantial completion of the Improvements, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 1213, and all Tenant's Personal Property Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe expiration or earlier termination of this Lease, then Landlord may retain such property Alterations and Tenant's Property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property Alterations and Tenant's Property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord.. If

Appears in 2 contracts

Samples: Suit Lease (At Home Corp), Suit Lease (At Home Corp)

Surrender of the Premises. Upon On the expiration last day of the Lease Term at noon, or earlier on the sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its their condition existing as of the Commencement DateDate of this Lease, normal ordinary wear and tear and fire or other casualty permitted alterations and improvements excepted, with all originally painted interior walls washed, and other interior walls cleaned, and repaired and repainted if marked or damagedreplaced, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing air conditioning and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC heating equipment serviced and repaired by a reputable and licensed service firm (if Tenant then occupies all of the HVAC system is maintained by Tenant during the Term of this LeaseBuilding), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises have removed all of Tenant's Alterations required to be removed pursuant to Paragraph 12’s personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant's Personal Property and . Tenant, at its sole cost, shall repair any damage and perform any restoration work to the Premises caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable to Landlord for costs of the removal of any such Alterations Tenant’s personal property, machinery and Tenant's Personal Property equipment, which repair shall include, without limitation, the patching and storage filling of holes and transportation costs repair of samestructural damage, and the cost of repairing and fully restoring the Premises, together with interest . If the Premises are not so surrendered at the Interest Rate termination of this Lease, Tenant shall indemnify, defend, protect and hold Landlord harmless from and against loss or liability resulting from delay by Tenant in so surrendering the date of expenditure Premises including without limitation, any claims made by Landlordany succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Building Lease Agreement (Sumo Logic, Inc.), Building Lease Agreement (Sumo Logic, Inc.)

Surrender of the Premises. Upon the expiration or earlier sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, Date normal wear and tear and fire or other casualty acts of God excepted, with all interior walls repaired and repainted if marked or damagedin good repair, all carpets shampooed and cleaned, all brokenthe HVAC equipment, marred or nonconforming acoustical ceiling tiles replacedplumbing, all windows washed, the plumbing electrical and electrical systems and lighting other mechanical installations in good operating order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's those Alterations (including, without limitation, telecommunications and data cabling and wiring) which Tenant is required to be removed remove pursuant to Paragraph 12Section 8.1 above and Section 22.3 below, and all Tenant's ’s Personal Property Property, and shall repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's ’s Personal PropertyProperty which Tenant is authorized and obligated to remove pursuant to the above, and such failure continues for ten (10) days after written notice from Landlordthe expiration or sooner termination of this Lease, then Landlord may retain such property properly 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 ’s account, or Landlord may dispose of such property in any other manner permitted by Applicable Law. Tenant shall be liable pay to Landlord for Landlord, upon demand, the costs of removal of any such Alterations and Tenant's ’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with attorneys’ fees and interest on said amounts at the Interest Applicable Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant hereby agrees to indemnify Landlord and Landlord’s Agents against all loss or liability resulting from any delay by Tenant in so surrendering the Premises, including, but not limited to, any claims made by any succeeding 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 2 contracts

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

Surrender of the Premises. Upon On the expiration last day of the Lease Term, or earlier on sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its their condition existing as of the Commencement Date, normal ordinary wear and tear and fire or other casualty excepted, with all originally painted interior walls repaired washed and repainted if marked or damagedother interior walls cleaned, all damaged ceiling tiles and lighting lenses replaced, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing air conditioning and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC heating equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12personal property and Trade Fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant's Personal Property and . Tenant, at its sole cost, shall repair any damage and perform any restoration work to the Premises caused by such removalthe removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damage. If Tenant fails to remove such Alterations and Tenant's Personal Propertythe Premises are not so surrendered at the termination of this Lease, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable to indemnify Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring against loss or liability resulting from delay by Tenant in so surrendering the Premises, together with interest at the Interest Rate from the date of expenditure including, without limitations, any claims made by Landlordany succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Sublease Agreement (Wink Communications Inc), Sublease Agreement (Wink Communications Inc)

Surrender of the Premises. Upon the expiration or earlier sooner termination of the Termthis Sublease Agreement, Tenant shall vacate and surrender the Premises to Landlord in its condition existing the same condition, ordinary wear and tear and damage from casualty or compulsory acquisition excepted, as of existed at the Commencement Date, normal wear except Tenant shall remove any or all of (i) its personal property, (ii) Trade Fixtures, and tear and fire or other casualty excepted, with all interior walls repaired and repainted (iii) Improvements (only if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, such removal was required in writing by Landlord at the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Leasetime Landlord gave its consent to such installation), and repair all floors cleaned and waxed, all damage to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal and other surrender obligations are not completed before the expiration or termination of the Sublease Term, Landlord shall have the right (but no obligation) to remove perform such Alterations and Tenant's Personal Propertyobligations, and Tenant shall pay Landlord on demand for all costs (including removal and storage) incurred by Landlord in connection therewith, plus interest on all such failure continues for ten (10) days after written notice from Landlord, then costs incurred at the Agreed Interest Rate. Landlord may shall also have the right to retain such property and all rights or dispose of Tenant with respect to it shall cease, or Landlord may place 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 public storage for Tenant's accountLandlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all claims, demands and causes of action against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such Alterations property. Upon expiration or termination of this Sublease Agreement or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Premises and Tenant's Personal Property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Section shall survive the Interest Rate from the date expiration or termination of expenditure by Landlordthis Sublease Agreement.

Appears in 2 contracts

Samples: Sublease Agreement (Avago Technologies LTD), Sublease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)

Surrender of the Premises. Upon the expiration or earlier sooner termination of the Termthis Lease, Tenant shall vacate and surrender the Premises to Landlord in its the same condition existing as of existed at the Commencement Date, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. except Tenant shall remove from any or all of (i) its personal property, (ii) Trade Fixtures, and (iii) Leasehold Improvements, and repair all damage to the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal and other surrender obligations are not completed before the expiration or termination of the Lease Term, Landlord shall have the right (but no obligation) to remove perform such Alterations and Tenant's Personal Propertyobligations, and Tenant shall pay Landlord on demand for all costs (including removal and storage) incurred by Landlord in connection therewith, plus interest on all such failure continues for 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 ten (10) days after written notice from Landlord, then Landlord may retain (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all rights claims, demands and causes of action against Landlord for any damage or loss to Tenant with respect to it shall ceaseresulting from Landlord’s removal, storage, retention, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal disposition of any such Alterations property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Premises and Tenant's Personal Property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Section shall survive the Interest Rate from the date expiration or termination of expenditure by Landlordthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Lease Agreement (Avago Technologies LTD)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its the condition existing as of the Commencement Dateand repair received, normal wear and tear and condemnation, fire or other casualty casualty, and repairs that are not Tenant’s responsibility hereunder excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and floors cleaned, all doors and casework repaired if damaged or marred, all broken, marred or nonconforming acoustical ceiling tiles replacedreplaced with new tiles to match existing, all windows washed, the plumbing and electrical systems and lighting in good the order and repairrepair received, including replacement of any burned out or broken light bulb bulbs or ballastsballasts with bulbs or ballasts to match existing, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxedfirm, all to the reasonable satisfaction of Landlord. Tenant shall remove the Tenant Improvements from the Premises all of Premises, any Tenant's ’s Alterations required to be removed pursuant to Paragraph 12, and all of Tenant's ’s Personal Property and repair any damage restore the Premises to their original condition (normal wear and perform any restoration work caused tear and condemnation, fire or other casualty, and repairs that are not Tenant’s responsibility hereunder excepted) as shown on the construction plans for a Market Ready Interior Improvement prepared by such removalArcTec, Project No. 205097, dated July 10, 2020, with materials and finishes consistent with those improvements in the Premises as of the date of this Lease. If Tenant fails to remove the Tenant Improvements and any such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordcomplete the restoration of the Premises as required herein, then Landlord may retain such property do so at Tenant’s expense 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. Tenant shall be liable to Landlord for any such costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premisesrestoration, together with interest at the Interest Rate from the date of expenditure by Landlord. If Tenant fails to remove any of Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may either retain such property or dispose of any such property without any liability to Tenant therefor, and all rights of Tenant with respect to any such property shall cease.

Appears in 2 contracts

Samples: Lease (Ceribell, Inc.), Lease (Ceribell, Inc.)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12paragraph 13, and all Tenant's Personal Property Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then Landlord may retain such property Property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property Property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 2 contracts

Samples: Lease (Fogdog Inc), Lease (Ampex Corp /De/)

Surrender of the Premises. Upon On the expiration last day of the term hereof, or earlier on the sooner termination of the Termthis Lease (or any termination of this Lease with respect to a particular Building under Subparagraph 4(c) hereof), Tenant shall surrender the Premises (or such Building) to Landlord in their/its condition existing as of the Commencement DateDate of this Lease (subject to approved alterations and improvements which Tenant shall not be required under this Lease to remove on or prior to the expiration or earlier termination of this Lease), normal ordinary wear and tear and fire or other casualty excepted, with all interior walls repaired the air conditioning and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC heating equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12personal property and trade fixtures from the Premises (or such Building), and all property not so removed shall be deemed abandoned by Tenant's Personal Property and . Tenant, at its sole cost, shall repair any damage and perform any restoration work to the Premises (or such Building) caused by such removalthe removal of Tenant's personal property, machinery and equipment, which repair shall include, without limitation, the patching and filling of holes and repair of structural damage. If Tenant fails to remove the Premises (or such Alterations and Tenant's Personal PropertyBuilding) are not so surrendered at the termination of this Lease, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable indemnify, defend, protect and hold Landlord harmless from and against loss or liability resulting from delay by Tenant in so surrendering the Premises (or such Building) including without limitation, any claims made by any succeeding tenant or losses to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlorddue to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord the Premises, the security system described in its Paragraph --------- 38, the voice and data system described in Paragraph 39 and the furniture and -- ------------ equipment listed on Exhibit C in their condition existing as of the Commencement --------- Date, normal wear and tear and fire or other casualty excepted, with all interior walls of the Premises repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles of the Premises replaced, all windows washed, the plumbing and electrical systems systems, the security system, the voice and data system and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord; provided, however, that if Landlord elects to demolish the Building at the expiration of the Term, Tenant shall not be required to repair or restore the Premises as otherwise provided herein. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 1213, and all Tenant's Personal Property Property, and repair ------------ any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe expiration or earlier termination of this Lease, then Landlord may retain such property Alterations and all rights of Tenant with respect to it shall cease, Tenant's Property as provided under applicable law or Landlord may place all or any portion of such property Alterations and Tenant's Property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord and Landlord's Agents against all loss or liability, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of reasonable standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if reasonable standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Samples: Lease (Supportsoft Inc)

Surrender of the Premises. Upon At the expiration or sooner termination of this Lease, Txxxxx will surrender and deliver to Landlord possession of the Premises, including all Improvements, in good condition and repair, ordinary use and wear excepted. If there shall be no default on the part of the Tenant at the expiration or termination of this Lease, Tenant may, or if Landlord shall so require will, remove all signs and trade fixtures erected or placed upon the Premises by the Tenant and, on Landlord’s requirement only, shall also remove any Improvements made or placed in the Premises by the Tenant to the extent specified by Landlord. Tenant shall repair all damage to the Premises and remaining Improvements caused by or resulting from such removal of signs, trade fixtures, or Improvements placed by the Tenant in the Premises, and leave the Premises in a clean and orderly condition. If Tenant shall fail to perform such removal and restoration, Landlord may do so and Tenant, upon demand, will pay to Landlord the cost thereof, plus interest as provided in Section 3.13. This obligation shall survive the expiration or termination of this Lease. Any property left upon the Premises by Txxxxx at the expiration or earlier termination of this Lease may, at the Termoption of Landlord, Tenant shall surrender the Premises be removed and stored by Landlord, at Tenant’s cost, or deemed by Landlord to have been abandoned by Txxxxx, in which case Landlord in its condition existing as may appropriate, destroy or dispose of the Commencement Date, normal wear and tear and fire same without liability or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all accountability to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord.

Appears in 1 contract

Samples: Commercial Lease (Yerbae Brands Corp.)

Surrender of the Premises. Upon the expiration or earlier sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty acts of God excepted, with all interior walls repaired and repainted if marked or damagedin good repair, all carpets shampooed and cleaned, all brokenthe HVAC equipment, marred or nonconforming acoustical ceiling tiles replacedplumbing, all windows washed, the plumbing electrical and electrical systems and lighting other mechanical installations in good operating order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's those Alterations (including, without limitation, telecommunications and data cabling and wiring) which Tenant is required to be removed remove pursuant to Paragraph 12, Section 8.1 and Section 21.30 and all Tenant's ’s Personal Property Property, and shall repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's ’s Personal PropertyProperty which Tenant is authorized and obligated to remove pursuant to the above, and such failure continues for ten (10) days after written notice from Landlordthe expiration or sooner termination of this Lease, then 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 ’s account, or Landlord may dispose of such property in any other manner permitted by Applicable Law. Tenant shall be liable pay to Landlord for Landlord, upon demand, the costs of removal of any such Alterations and Tenant's ’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with attorneys’ fees and interest on said amounts at the Interest Applicable Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant hereby agrees to indemnify Landlord and Landlord’s Agents against all loss or liability resulting from any delay by Tenant in so surrendering the Premises, including, but not limited to, any claims made by any succeeding 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: Form Lease (Adept Technology Inc)

Surrender of the Premises. Upon the expiration or earlier termination of this Lease, and subject to Section 4.2 of the TermAddendum relating to the Dock Wall, Tenant tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty acts of God excepted, with all interior Interior walls repaired and repainted if marked or damagedin good repair, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment, plumbing, electrical and other mechanical installations to the condition existing as of the Commencement Date (or, with respect to any equipment serviced and or installations repaired by a reputable and licensed service firm (if Landlord pursuant to Section 3 of the HVAC system is maintained by Tenant during Addendum, to the Term of this Lease), condition existing immediately following such repair) and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required which Landlord requires Tenant to be removed remove pursuant to Paragraph 12, Section 8.1 and all Tenant's Personal Property Property, and shall repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal PropertyProperty which Tenant is authorized and obligated to remove pursuant to the above, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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. Tenant shall be liable pay to Landlord for Landlord, upon demand, the costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with attorneys' fees and interest on said amounts at the Interest Applicable Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant hereby agrees to Indemnify Landlord and Landlord's Agents against all loss or liability resulting from any delay by Tenant in so surrendering the Premises, including but not limited to, any claims made by any succeeding tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and actual attorneys' fees and costs.

Appears in 1 contract

Samples: Omnicell Com /Ca/

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty and approved Alterations which Landlord has indicated shall remain upon the Premises upon the expiration of the Term excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, ; all broken, marred or nonconforming acoustical ceiling tiles replaced, ; all windows washed, ; the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, ; and the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxedfirm, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, 13 and all Tenant's Personal Property Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold Landlord and its Agents harmless against all claims, costs and liabilities, including attorneys' fees and costs, resulting from Tenant's delay in so surrendering the Premises.

Appears in 1 contract

Samples: Tvia Inc

Surrender of the Premises. Upon the expiration or earlier sooner termination of the Termthis Sublease Agreement, Tenant shall vacate and surrender the Premises to Landlord in its condition existing the same condition, ordinary wear and tear and damage from casualty or compulsory acquisition excepted, as of existed at the Commencement Date, normal wear except Tenant shall remove any or all of (i) its personal property, (ii) Trade Fixtures, and tear and fire or other casualty excepted, with all interior walls repaired and repainted (iii) Improvements (only if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, such removal was required in writing by Landlord at the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Leasetime Landlord gave its consent to such installation), and repair all floors cleaned and waxed, all damage to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal and other surrender obligations are not completed before the expiration or termination of the Sublease Term, Landlord shall have the right (but no obligation) to remove perform such Alterations and Tenant's Personal Propertyobligations, and Tenant shall pay Landlord on demand for all costs (including removal and storage) incurred by Landlord in connection therewith, plus interest on all such failure continues for ten (10) days after written notice from Landlord, then costs incurred at the Agreed Interest Rate. Landlord may shall also have the right to retain such property and all rights or dispose of Tenant with respect to it shall cease, or Landlord may place 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 public storage for Tenant's accountLandlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all claims, demands and causes of action against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such Alterations property. Upon expiration or termination of this Sublease Agreement or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Premises and Tenant's Personal Property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Section shall survive the Interest Rate from the date expiration or termination of expenditure by Landlord.this Sublease Agreement. 17.6

Appears in 1 contract

Samples: Sublease Agreement

Surrender of the Premises. Upon On the expiration last day of the term hereof, or earlier on the sooner termination of the Termthis Lease, Tenant shall surrender the Premises and the Building A Exclusive Areas to Landlord in its their condition existing as of the Commencement DateDate of this Lease, normal ordinary wear and tear and fire damage from casualty or other casualty exceptedcondemnation excepted (unless caused by the negligence or willful misconduct of Tenant or Tenant's agents, employees or contractors), with all interior walls cleaned, and repaired and repainted if marked or damagedreplaced, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing air conditioning and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC heating equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant's Personal Property and . Tenant, at its sole cost, shall repair any damage to the Premises and perform any restoration work the Building A Exclusive Areas caused by such removalthe removal of Tenant's personal property, machinery and equipment, which repair shall include, without limitation, the patching and filling of holes and repair of structural damage. If Tenant fails to remove such Alterations the Premises and Tenant's Personal Propertythe Building A Exclusive Areas are not so surrendered at the termination of this Lease, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable indemnify, defend, protect and hold Landlord harmless from and against loss or liability resulting from delay by Tenant in so surrendering the Premises and the Building A Exclusive Areas including without limitation, any claims made by any succeeding tenant or losses to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlorddue to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Improvement Agreement (Western Digital Corp)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty casualty, condemnation, acts of God, Alterations not required to be removed pursuant to Paragraph 13 hereof and Toxic Materials not stored, used or disposed of by Tenant, its agents, employees, contractors, or invitees excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 1213, and all Tenant's Personal Property Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, as supported by written evidence thereof, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of reasonable standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if reasonable standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Samples: Lease (Storage Dimensions Inc)

Surrender of the Premises. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty acts of God excepted, with all interior walls repaired and repainted if marked or damagedin good repair, all carpets shampooed and cleaned, all brokenthe HVAC equipment, marred or nonconforming acoustical ceiling tiles replacedplumbing, all windows washed, the plumbing electrical and electrical systems and lighting other mechanical installations in good operating order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all noncarpeted floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required which Landlord requires Tenant to be removed remove pursuant to Paragraph 12, Section 8.1 and all Tenant's Personal Property Property, and shall repair any damage and perform any restoration work caused necessitated by such removal. If Tenant fails to remove such Alterations and Tenant's Personal PropertyProperty which Tenant is authorized and obligated to remove pursuant to the above, and such failure continues for ten (10) days after written notice from Landlordthe expiration or termination of this Lease, then Landlord may retain such property and all rights of Tenant with respect to it such property shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable pay to Landlord for Landlord, upon demand, the costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with an administrative fee to Landlord in the amount of Five Hundred Dollars ($500) and all attorneys' fees and interest on said amounts at the Interest Applicable Rate from the date of expenditure by Landlord.

Appears in 1 contract

Samples: Lease (Broadcom Corp)

Surrender of the Premises. Upon On the expiration last day of the term hereof, or earlier on the sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its their condition existing as of the Commencement DateDate of this Lease, normal EXCEPT AS PROVIDED IN PARAGRAPH 13 ABOVE AND EXHIBIT "E" ATTACHED HERETO, ordinary wear and tear and fire or other casualty excepted, with all originally painted interior walls washed and other interior walls cleaned, and repaired and repainted if marked or damagedreplaced, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing air conditioning and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC heating equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant's Personal Property and . Tenant, at its sole cost, shall repair any damage and perform any restoration work to the Premises caused by such removalthe removal of Tenant's personal property, machinery and equipment, which repair shall include, without limitation, the patching and filling of holes and repair of structural damage. If Tenant fails to remove such Alterations and Tenant's Personal Propertythe Premises are not so surrendered at termination of this Lease, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable indemnify, defend, protect and hold Landlord harmless from and 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 for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlorddue to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease Agreement (Novellus Systems Inc)

Surrender of the Premises. Upon the termination of this Lease, whether at the expiration of the Term or prior thereto pursuant to any provision hereof, Tenant shall 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 in good order and repair, reasonable wear and tear and damage resulting from Landlord's acts excepted and subject to the effects of any damage, destruction or Appropriation, as to which the provisions of Article 21 shall govern, and free and clear of all letting and occupancies and free and clear of all liens and encumbrances caused by Tenant or not approved in writing by Landlord. Upon any termination of this Lease, all Alterations (other than Tenant's Property) 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, and without payment therefor by Landlord. Any of Tenant's Property that remains on the Premises 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 have been abandoned by Tenant and may either be retained by Landlord as its property or disposed of, without accountability, in such manner as Landlord may determine in its sole discretion. At the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises execute, acknowledge and deliver to Landlord in its condition existing as of the Commencement DateLandlord, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for within ten (10) days after written notice demand from LandlordLandlord to Tenant, then Landlord may retain such property and all rights any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of Tenant with respect California, to it shall cease, remove the cloud or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate encumbrance created by this Lease from the date of expenditure by LandlordBuilding.

Appears in 1 contract

Samples: Lease (Genencor International Inc)

Surrender of the Premises. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Datecompletion of the Work defined in the Workletter attached hereto as Exhibit "C", normal wear and tear and fire or other casualty acts of God excepted, in a clean and broom swept condition with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts,, the HVAC equipment serviced equipment, plumbing, electrical and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxedother mechanical installations in good operating order, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required which Landlord requires Tenant to be removed remove pursuant to Paragraph 12, Section 8.1 and all Tenant's Personal Property Property, and shall repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal PropertyProperty which Tenant is authorized and obligated to remove pursuant to the above, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then Landlord may any 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. Tenant shall be liable pay to Landlord for Landlord, upon demand, the costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with attorneys' fees and interest on said amounts at the Interest Applicable Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant hereby agrees to indemnify Landlord and Landlord's Agents against all loss or liability resulting from any delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Form Lease (Agouron Pharmaceuticals Inc)

Surrender of the Premises. Upon the expiration expiration, or earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all uncarpeted floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph Section 12, and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. If Tenant is then in default of any of its obligations to pay Rent or any other monetary sums to Landlord hereunder, Tenant shall only remove such Alterations and Tenant's Property as specified in written notice from Landlord to Tenant. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for Property within ten (10) days after written notice from Landlordexpiration of the Term or termination of this Lease, then 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. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs.

Appears in 1 contract

Samples: Brightpoint Inc

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty and approved Alterations excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, 13 and all Tenant's Personal Property personal property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Propertypersonal property, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate maximum rate permitted by law from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold Landlord and its agents harmless against all claims, costs and liabilities, including attorneys' fees and costs, resulting from Tenant's delay in so surrendering the Premises.

Appears in 1 contract

Samples: Office Lease (Shrena Software Inc)

Surrender of the Premises. Upon the expiration or earlier sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty acts of God excepted, with all interior walls repaired and repainted if marked or damagedin good repair, all carpets shampooed and cleaned, all brokenthe HVAC equipment, marred or nonconforming acoustical ceiling tiles replacedplumbing, all windows washed, the plumbing electrical and electrical systems and lighting other mechanical installations in good operating order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's those Alterations (including, without limitation, telecommunications and data cabling and wiring) which Tenant is required to be removed remove pursuant to Paragraph 12Section 8.1 above and Section 22.3 below, and all Tenant's Personal Property Property, and shall repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal PropertyProperty which Tenant is authorized and obligated to remove pursuant to the above, and such failure continues for ten (10) days after written notice from Landlordthe expiration or sooner termination of this Lease, then 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 be liable pay to Landlord for Landlord, upon demand, the costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with attorneys' fees and interest on said amounts at the Interest Applicable Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant hereby agrees to indemnify Landlord and Landlord's Agents against all loss or liability resulting from any delay by Tenant in so surrendering the Premises, including, but not limited to, any claims made by any succeeding 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: Form Office Lease (8x8 Inc /De/)

Surrender of the Premises. Upon On expiration or termination of this Lease, Xxxxxx shall surrender to Landlord the Premises and all Tenant's improvements and alterations in good condition and repair (ordinary wear and tear excepted), and shall remove all of its personal property including any signs, notices and displays. Xxxxxx agrees that is shall, upon Xxxxxxxx's written request made prior to or within thirty (30) days following the expiration or earlier termination of this Lease, at Tenant's sole cost and expense promptly remove any alterations, additions, fixtures or improvements designated by Landlord to be removed and repair any damage to the Premises resulting from such removal. Landlord may, in connection with any such removal which might in Landlord's judgment involve damage to the Premises, require that such removal be performed by a bonded contractor or other person from whom a bond satisfactory to Landlord has been furnished covering the cost of repairing the anticipated damage. Landlord may retain or dispose of, in any manner, any such improvements or alterations or Xxxxxx's personal property that Tenant does not remove from the Premises on expiration or termination of the TermTerm as allowed or required by this Lease. Title to any such improvements or alterations or Xxxxxx's personal property that Landlord so elects to retain, or dispose of, shall vest in Landlord. Tenant shall waives all claims against Landlord for any damage or loss to Tenant arising out of Landlord's retention or dispositions of any such improvements, removing and disposing of any such improvements, alterations or Xxxxxx's personal property. If Xxxxxx fails to surrender the Premises to Landlord in its condition existing as on expiration or termination of the Commencement DateLease as required by this Section, normal wear Tenant shall indemnify, defend and tear hold Landlord harmless from all damages, loss, cost and fire expense (including attorneys' fees) arising out of or other casualty exceptedin connection with Xxxxxx's failure to do so, with all interior walls repaired and repainted if marked or damagedincluding, all carpets shampooed and cleanedwithout limitation, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired claims made by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all succeeding tenant resulting from Xxxxxx's failure to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring surrender the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord.

Appears in 1 contract

Samples: Termination Agreement (Utstarcom Inc)

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Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement DatePremises, normal wear and tear and tear, fire or other casualty and Hazardous Material not released by Tenant excepted, with all interior walls of the Premises repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles of the Premises replaced, all windows washed, the plumbing and electrical systems systems, and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord; provided, however, that if Landlord elects to demolish the Building at the expiration of the Term, Tenant shall not be required to repair or restore the Premises as otherwise provided herein. Tenant shall remove from the Premises all of Tenant's ’s Alterations required to be removed pursuant to Paragraph 1213, and all Tenant's ’s Personal Property Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's ’s Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe expiration or earlier termination of this Lease, then Landlord may retain such property Alterations and all rights of Tenant with respect to it shall cease, Tenant’s Property as provided under applicable law or Landlord may place all or any portion of such property Alterations and Tenant’s Property in public storage for Tenant's ’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's ’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord and Landlord’s Agents against all loss or liability, including reasonable attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of reasonable standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if reasonable standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Samples: Lease (Claria Corp)

Surrender of the Premises. Upon Subject to Tenant’s rights to emblements, which will be harvested or gathered no prior to the Expiration Date or within thirty days following an earlier termination of this Lease, Tenant will peaceably surrender, quit, and give up the Premises upon the expiration or earlier other termination of the Term, this Lease. Tenant shall quit and surrender the Premises to Landlord vacant, broom clean, and in its condition existing as of the Commencement Dategood order and condition, normal ordinary wear and tear and fire damage by casualty or other casualty condemnation excepted. All of Tenant’s Personal Property, with all interior walls repaired and repainted if marked or damagedfurniture, all carpets shampooed and cleanedtrade fixtures, all brokenshelves, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)bins, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove machinery not removed from the Premises all when Tenant leaves the Premises upon the expiration or other termination of Tenant's Alterations required this Lease shall thereupon be conclusively presumed to be removed pursuant to Paragraph 12have been abandoned by Tenant and immediately become Landlord’s property; provided, and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. If however, that Landlord may require Tenant fails to remove such Alterations and Tenant's Personal Property, furniture, trade fixtures, shelves, bins, and such failure continues for ten (10) days after written notice from Landlord, then Landlord machinery or may retain have such property and all rights of Tenant with respect removed at Tenant’s expense. Prior to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring ’s vacating the Premises, together with interest at Tenant shall pay to Landlord an amount reasonably estimated by Landlord as necessary to put the Interest Rate from Premises including, without limitation, all heating and air-conditioning systems and equipment therein, in good condition and repair. Landlord may credit the date of expenditure Security Deposit against the amount payable by LandlordTenant under this Article XXV.

Appears in 1 contract

Samples: Commercial Lease (Triangle Canna Corp.)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall peaceably surrender the Premises to Landlord on the Expiration Date or earlier termination of this Lease, in its broom-clean condition existing and in as of good condition as on the Commencement Date, normal including, without limitation, the repair of any damage to the Premises caused by the removal of any Alterations (as defined in Section 11.1) and Tenant Property from the Premises, except for Casualty damage that is Landlord’s responsibility to repair under Section 16.1 and reasonable wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removaltear. If Tenant fails to remove such the Alterations required to be removed hereunder and Tenant's Personal Tenant Property, and such failure continues for ten (10) days after written notice from Landlordrepair and restore the Premises and Project as required under this Section 3.2, then Landlord may retain such property (but shall not be obligated to) remove, repair 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. Tenant shall be liable to Landlord for costs of removal of any restore such Alterations and Tenant's Personal Property and storage and transportation costs of sameTenant Property, and in which case Tenant shall reimburse Landlord upon demand for the cost of repairing incurred by Landlord for such removal, repair and restoring the Premises, restoration (together with interest at any and all damages which Landlord may suffer and sustain by reason of the Interest Rate from failure of Tenant to remove, repair and restore the date same). All Alterations and Tenant Property left on or in the Premises or the Project after the Expiration Date or earlier termination of expenditure this Lease will be deemed conclusively to have been abandoned and may be removed, sold, stored, destroyed or otherwise disposed of by LandlordLandlord without notice to Tenant or any other person and without obligation to account for them; provided, however, Tenant will pay Landlord upon demand for all expenses incurred by Landlord in connection with the same. Tenant’s obligations under this Section 3.2 will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Rackspace Hosting, Inc.)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, Tenant Improvements, Alterations that Landlord did not require to have removed as a condition of installation, normal wear and tear excepted and fire or other casualty exceptedsubject to the provisions of Paragraph 25, with all interior walls repaired areas cleaned. Any damage or deterioration of the Premises shall not be deemed ordinary wear and repainted tear if marked or damagedTenant was responsible to maintain the same under the provisions of Paragraph 18 and if the same could have been prevented by good maintenance practices by Tenant. Except as otherwise stated in this Lease, all carpets shampooed Tenant shall leave the air lines, power panels, electrical distribution systems, lighting fixtures, air conditioning, window coverings, wall coverings, carpets, wall paneling, ceilings, and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, plumbing on the plumbing Premises and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlordoperating condition. Tenant shall prior to the expiration or termination of the Term remove from the Premises Premises, at Tenant’s sole cost, all of Tenant's ’s Alterations required to be removed pursuant to Paragraph 1213, and all Tenant's ’s Personal Property Property, including all voice, data, and wiring installed by Tenant if requested by Landlord, and repair any damage and perform any restoration work caused or necessitated by any such removal. If Tenant fails to remove such Alterations and Tenant's ’s Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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 ’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's ’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by LandlordLandlord until paid.

Appears in 1 contract

Samples: Office Lease Agreement (Corcept Therapeutics Inc)

Surrender of the Premises. Upon the expiration or earlier sooner termination of the Termthis Lease, Tenant shall vacate and surrender the Premises to Landlord in its the same condition existing as of existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B, (iv) the Landlord's Personal Property which still remains in the Premises, and (v) alterations or other interior improvements which Tenant is not required to remove at the termination of the Lease. In this regard, normal wear and tear shall be construed to mean wear and fire tear caused to the Premises by the natural aging process which occurs in spite of prudent application of reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, deferred maintenance. If the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, Premises are not so surrendered at the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term termination of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from continue to be responsible for the payment of Rent until the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, are so surrendered in accordance with said provisions and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable to Landlord for all costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation incurred by Landlord in returning the Premises to the required condition, plus interest on all costs of same, and incurred at the cost of repairing and restoring 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 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 interest at the Interest Rate from the date of expenditure by Landlordwith, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Building Lease Agreement (Drexler Technology Corp)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord, but only to the extent required to return the Premises to the condition in which it existed on the Commencement Date, excepting only Alterations that Landlord has agreed in writing that may remain. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12paragraph 13, and all Tenant's Personal Property Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe expiration or earlier termination of this Lease, then Landlord may retain such property and all rights of Tenant with respect to it shall cease. If Tenant fails to remove its Personal Property at the expiration or earlier termination of this Lease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear for the purposes of this Lease shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Samples: Lease (Cruel World Inc)

Surrender of the Premises. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty acts of God excepted, with all interior walls repaired and repainted if marked or damagedin good repair, all carpets shampooed and cleaned, all brokenthe HVAC equipment, marred or nonconforming acoustical ceiling tiles replacedplumbing, all windows washed, the plumbing electrical and electrical systems and lighting other mechanical installations in good operating order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required which Landlord requires Tenant to be removed remove pursuant to Paragraph 12, Section 8.1 and all Tenant's Personal Property and all telephone, data transmission, fiber-optic and other telecommunications cabling and related facilities installed by Tenant in the Premises and Building, and shall repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal PropertyProperty which Tenant is authorized and obligated to remove pursuant to the above, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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. Tenant shall be liable pay to Landlord for Landlord, upon demand, the costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with attorneys' fees and interest on said amounts at the Interest Applicable Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant hereby agrees to indemnify Landlord and Landlord's Agents against all loss or liability resulting from any delay by Tenant in so surrendering the Premises, including, but not limited to, any claims made by any succeeding tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and actual attorneys' fees and costs. Landlord may withhold all or any portion of Tenant's Security Deposit pending disposition and accounting of expenses Landlord will incur as a result of Tenant's failure to remove the items specified in this Section 19.1.

Appears in 1 contract

Samples: Office Lease (Noosh Inc)

Surrender of the Premises. Upon On the expiration last day of the term hereof, or earlier on ------------------------- the sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its their condition existing as of the Commencement DateDate of this Lease, normal except for (A) ordinary wear and tear tear; (B) acts of God; (C) condemnation; (D) Hazardous Materials which Tenant is not responsible for pursuant to this Lease; and fire (E) all alterations, improvements or other casualty excepted, additions which Tenant is not required to remove pursuant to this Lease. Tenant shall surrender the Premises with all originally painted interior walls repaired washed, and repainted if marked or damaged, all carpets shampooed and other interior walls cleaned, all broken, marred and repaired or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing air conditioning and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC heating equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained as required by Tenant during the Term of this Lease)Paragraph 10.B. hereof, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12Property from the Premises, and all property not so removed shall be deemed abandoned by Tenant's Personal Property and . Tenant, at its sole cost, shall repair any damage and perform any restoration work to the Premises caused by such removalthe removal of Tenant's Property, which repair shall include, without limitation, the patching and filling of holes and repair of structural damage. If Tenant fails to remove such Alterations and Tenant's Personal Propertythe Premises are not so surrendered at the termination of this Lease, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable indemnify, defend, protect and hold Landlord harmless from and 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 for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlorddue to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: Lease Agreement (Covad Communications Group Inc)

Surrender of the Premises. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement DateDate of this Lease with respect to the Building, normal wear and tear and fire tear, damage or other casualty destruction excepted, with all interior walls repaired and repainted if marked or damagedin good repair, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, and the HVAC equipment in good working condition, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required which Landlord requires Tenant to be removed remove pursuant to Paragraph 12, 13 and all Tenant's Personal Property Property, and Tenant shall promptly repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal PropertyProperty which Tenant is authorized and obligated to remove pursuant to the above, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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. Tenant shall be liable pay to Landlord for Landlord, upon demand, the costs of removal of any such Alterations alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premise are not so surrendered at the termination of this Lease, Tenant hereby agrees to 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs.

Appears in 1 contract

Samples: Lease (Ingenex Inc)

Surrender of the Premises. Upon On the expiration last day of the Term hereof, or earlier on the sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its their condition existing as of the Commencement Datedate of Landlord's completion of the improvements described in the Work Letter, normal ordinary wear and tear and fire or other casualty excepted, with all painted interior walls washed, and other interior walls cleaned, and repaired and repainted if marked or damagedreplaced, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing air conditioning and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC heating equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's any Alterations required to be removed pursuant to the terms of Paragraph 1213 and all of Tenant's personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant's Personal Property and . Tenant, at its sole cost, shall repair any damage and perform any restoration work to the Premises caused by such removalthe removal of Tenant's personal property, machinery and equipment, which repair shall include, without limitation, the patching and filling of holes and repair of structural damage. If the Premises are not so surrendered at the termination of this Lease, Tenant fails to remove such Alterations shall indemnify, defend, protect and hold Landlord harmless from and against any claims made by any succeeding tenant and any costs incurred in defending any action brought by any succeeding tenant, as a result of Tenant's Personal Propertydelay in so surrendering the Premises; provided, and however, that if such failure to surrender continues for ten fewer than ninety (1090) days after written notice from Landlordthe last day of the Term, then Landlord may retain such property and all rights of Tenant Tenant's indemnification with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant claims by succeeding tenants shall be liable limited to the costs incurred by Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and in defending the cost of repairing and restoring action brought by the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsucceeding tenant.

Appears in 1 contract

Samples: Mips Technologies Inc

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its the same condition existing and repair as of on the Commencement Date, normal wear and tear and damage by fire or other casualty exceptedcasualty, with all interior walls repaired acts of God and repainted if marked condemnation, Hazardous Materials which are not released or damagedemitted in, all carpets shampooed and cleaned, all broken, marred on or nonconforming acoustical ceiling tiles replaced, all windows washed, under the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant Premises during the Term of this Lease)Lease by Tenant, its agents, employees, contractors or invitees, and Alterations and Tenant Improvements which Tenant is not required to remove under the terms of this Lease all floors cleaned excepted. The Tenant Improvements and waxed, all Alterations installed in the Building by Tenant shall become Landlord's property upon the expiration or sooner termination of this Lease and shall remain in and be surrendered with the Building unless Landlord has previously notified Tenant in writing that Landlord desires to have Tenant remove any special purpose Tenant Improvements or Alterations from the reasonable satisfaction of LandlordPremises. In such event Tenant shall remove such special purpose Tenant Improvements and such Alterations from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12Premises, and all as well as Tenant's Personal Property Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such special purpose Tenant Improvements or such Alterations and or any of Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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. Tenant shall be liable to Landlord for costs of removal of any such special purpose Tenant Improvements, Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If Landlord elects to sell any of Tenant's Personal Property which remains on the Premises after the termination of this Lease, Landlord shall provide Tenant with at least five (5) days' prior written notice of such sale. If the Premises are not surrendered at the termination of this Lease in the condition required herein, Tenant shall indemnify Landlord and Landlord's Agents against all loss or liability, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Samples: Lease (Artisan Components Inc)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty casualty, or other condition which is not the obligation of Tenant to correct, excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, the HVAC equipment serviced and repaired by a reputable and licensed service firm, all floors cleaned and waxed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced lawn and repaired by a reputable and licensed service firm (if shrubs in good condition including the HVAC system is maintained by Tenant during the Term replacement of this Lease)any dead or damaged plantings, and all floors cleaned the sidewalk, driveways and waxedparking areas in good order, condition and repair, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 1213., and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. Subject to the provisions of Paragraph 13 above, Landlord shall notify Tenant of the items to be removed and/or restored within one hundred (100) days prior to the expiration of the lease term. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys' fees and costs resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of reasonable standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if reasonable standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Samples: Assignment of Lease (Oni Systems Corp)

Surrender of the Premises. Upon the expiration or earlier sooner termination of the Termthis Lease, Tenant shall vacate and surrender the Premises to Landlord in its the same condition existing as of existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B, (iv) any alterations existing in the Premises on the Commencement Date, and (v) any other alterations which Tenant is not required to remove. In this regard, normal wear and tear shall be construed to mean wear and fire tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the reasonable standards for maintenance, repair and janitorial practices required hereunder, and does not include items of neglected or other casualty excepteddeferred maintenance. If Landlord so requests, with all interior walls repaired and repainted if marked Tenant shall, prior to the expiration or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term sooner termination of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. remove any Tenant’s Alterations which Tenant shall remove from the Premises all of Tenant's Alterations is required to be removed remove pursuant to Paragraph 12, and all Tenant's Personal Property Section 5.2 and repair any all damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlord, then 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. removal Tenant shall be liable to Landlord for all costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation incurred by Landlord in returning the Premises to the required condition, plus interest on all costs of same, and incurred at the cost of repairing and restoring 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 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 interest at the Interest Rate from the date of expenditure by Landlordwith, in each case, reasonable actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Acceptance Agreement (Nassda Corp)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty and approved Alterations which Landlord has indicated shall remain upon the Premises upon the expiration of the Term excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, 13 and all Tenant's Personal Property Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold Landlord and Landlord's Agents harmless against all claims, costs and liabilities, including attorneys' fees and costs, resulting from Tenant's delay in so surrendering the Premises.

Appears in 1 contract

Samples: Hiway Technologies Inc

Surrender of the Premises. Upon On the expiration last day of the Lease Term, or earlier on sooner ------------------------- termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its their condition existing as of the Commencement Date, normal ordinary wear and tear and fire or other casualty exceptedexpected, with all originally painted interior walls repaired washed and repainted if marked or damagedother interior walls cleaned, all damaged ceiling tiles and lighting lenses replaced, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing air conditioning and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC heating equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12personal property and Trade Fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant's Personal Property and . Tenant, at its sole cost, shall repair any damage and perform any restoration work to the Premises caused by such removalthe removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damage. If Tenant fails to remove such Alterations and Tenant's Personal Propertythe Premises are not so surrendered at the termination of this Lease, and such failure continues for ten (10) days after written notice from Landlord, then 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. Tenant shall be liable to indemnify Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring against loss or liability resulting from delay by Tenant in so surrendering the Premises, together with interest at the Interest Rate from the date of expenditure including, without limitation, any claims made by Landlordany succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Samples: 'S Agreement (Pilot Network Services Inc)

Surrender of the Premises. Upon the expiration or of earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty excepted, with all interior walls repaired in good repair and repainted if marked or damagedmarked, all carpets shampooed and cleaned, all brokenthe equipment, marred or nonconforming acoustical ceiling tiles replacedplumbing, all windows washed, the plumbing electrical and electrical systems and lighting other mechanical installations in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)operating order, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required ’s alterations which Landlord requires Tenant to be removed remove pursuant to Paragraph 12paragraph 10 and all of Tenant’s personal property, and all Tenant's Personal Property and shall repair any damage and perform any restoration work caused by such removal; provided, however, if Tenant is then in default, Tenant shall not be entitled to remove Tenant’s personal property except as specified by written notice delivered by Landlord to Tenant. If Tenant fails to remove such Alterations alterations and Tenant's Personal Property’s personal property which Tenant is authorized and obligated to remove pursuant to the above, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then 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 ’s account. Tenant shall be liable pay to Landlord for Landlord, upon demand, the costs of removal of any such Alterations alterations and Tenant's Personal Property ’s personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with attorneys’ fees and interest on said amounts at the Interest Rate interest rate specified in paragraph 24 from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant hereby agrees to 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Principal Lease Provisions (Guidance Software, Inc.)

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease)firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord; provided, however, that if Landlord elects to demolish any Building or Buildings at the expiration of the Term, Tenant shall not be required to repair or restore such Buildings as otherwise provided herein. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12paragraph 13, and all Tenant's Personal Property Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then Landlord may retain such property Property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property Property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Samples: Ampex Corp /De/

Surrender of the Premises. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its the condition existing as of the Commencement Date, normal wear and tear excepted and fire or other casualty exceptedsubject to the provisions of Section 23, with (a) all interior walls repaired and repainted if marked or damaged, (b) all carpets shampooed and cleanedshampooed, (c) all broken, marred broken or nonconforming acoustical ceiling ceiling, tiles replaced, all windows washed, and (d) the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if the HVAC system is maintained by Tenant during the Term of this Lease), and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's Alterations required to be removed pursuant to Paragraph 12, Section 13. and all Tenant's Personal Property Property, and repair any damage and perform any restoration work caused by such removal. Landlord shall notify Tenant of the items to be removed and/or restored within 60 days prior to the expiration of the Term. If Tenant fails falls to remove such Alterations and Tenant's Personal Property, and such failure continues for ten (10) days after written notice from Landlordthe termination of this Lease, then Landlord may retain such property --- and all rights of Tenant 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. Tenant shall be liable to Landlord for the costs of removal of (i) removing, transporting and storing any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of (ii) repairing and restoring restoring, the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not surrendered as required above, Tenant shall defend, indemnify and hold harmless Landlord and Landlord's Agents from and against any and all claims, loss, liability or expense (including attorneys' fees and costs) resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of application of commercially reasonable standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during, the Term if commercially reasonable standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Samples: Lease Agreement (International Network Services)

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