Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant shall surrender the Premises by the end of the last day of the Primary Lease Term or any earlier termination date, clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Alterations and Utility Installations, as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the Premises.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Applied Films Corp), Single Tenant Lease (Applied Films Corp)
Surrender/Restoration. Subject to Upon termination of the provisions Lease Term or earlier termination of Sections Tenant's right of 8.2, 8.4(b), 10 and 15possession, Tenant shall surrender the Premises to Landlord in the same condition as received (with all Tenant-Made Alterations (including, without limitation, any initial Tenant-Made Alterations), improvements and Trade Fixtures removed except as otherwise expressly agreed in writing by Landlord) ordinary wear and tear, casualty loss and condemnation covered by Sections 9 and 14 excepted and otherwise in accordance with this Section. Without limiting the end foregoing, Tenant shall remove any odor which may exist in the Premises resulting from Tenant’s occupancy of the last day Premises upon the termination of the Primary Lease Term or any earlier termination date, clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Alterations and Utility Installations, as well as the removal right of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this Leasepossession. Any Trade Fixtures, Tenant-Made Alterations and/or Utility Installations and property not so removed upon the expiration of this Lease by Tenant as permitted or upon the early termination of Tenant’s right to occupy the Premises required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal 's retention and disposition of such itemsproperty. Tenant’s obligation All obligations of Tenant hereunder shall survive not fully performed as of the expiration or other termination of the Lease or Term shall survive the early termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. Without limiting Tenant’s right obligations under the Lease, Tenant acknowledges that it shall have the affirmative obligation to occupy remove all racking and floor striping from the Premises by or before the expiration or earlier termination of the Lease Term. As guidance to the parties, removal of the aforementioned racking shall include, without limitation, removal of the bolts in concrete associated therewith, all of which cut flush at the surface and pushed into the concrete one inch or more below the slab. Tenant shall clean all resulting holes and shall fill the same with epoxy flush to the floor’s surface. Tenant understands that the holes created for any anchor bolts placed by or on behalf of Tenant must be drilled one inch deeper than the length of the anchor bolts themselves to permit removal in the manner provided above. Furthermore, if Tenant places (or causes to be placed) any floor striping in the Premises, then following removal of any such floor striping (i) there shall be no residual staining or other indication that such striping existed and (ii) Tenant must re-seal the floor with a sealant reasonably acceptable to Landlord. If Tenant elects to stripe the floor of the Premises, then Tenant shall utilize a floor striping material which can be removed and which will not permeate into the flooring. The foregoing does not constitute Landlord’s consent to Tenant’s placement of any racking and/or floor striping in the Premises, which placement shall be governed by the provision of the Lease. Additionally, without limiting Tenant’s obligations under the Lease, Tenant acknowledges that it shall have the affirmative obligation to cause all office, warehouse, emergency and exit lights to be fully operational with all bulbs and ballasts functioning; all truck doors, service doors, roll up doors and dock levelers serviced and placed in good operating order (including replacement of any dented truck door panels and adjustment of door tension to insure proper operation, with all door panels that have been replaced painted to match the building standard); dock seals/dock bumpers to be free of tears and broken backboards; all structural steel columns in the warehouse and office to be inspected for damage, with repairs of this nature pre-approved by Landlord prior to implementation; sheetrock (drywall) damage to be patched and fire-taped so that there are no holes in either office or warehouse; walls, carpet and vinyl tiles to be in a clean condition without any holes or chips in them (Landlord will accept normal wear on these items provided they appear to be in a maintained condition); any Tenant-installed equipment to be removed from the roof and roof penetrations properly repaired by licensed roofing contractor approved by Landlord; all exterior signs to be removed and holes patched and paint touched-up as necessary; HVAC systems to be placed in good working order, including the necessary replacement of any parts to return the unit to a well maintained condition; and all electrical and plumbing equipment to be returned in good condition and repair and conforming to code.
Appears in 2 contracts
Samples: Standard Industrial Multi Tenant Lease (iPower Inc.), Standard Industrial Multi Tenant Lease (iPower Inc.)
Surrender/Restoration. Subject The voluntary or other surrender of this lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the provisions expiration or sooner termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises by to Landlord in the end of the last day of the Primary Lease Term or any earlier termination datesame condition, broom clean and free of debris freshly repainted, as existed at the Lease Commencement Date plus the Tenant Improvements and in good operating order, condition and state of repair, ordinary wear and tear excepted per Alterations that do not have to be removed. Tenant shall repair all damage to the requirements of Exhibit D attached hereto and incorporated herein Leased Premises caused by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice Tenant or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or Tenant’s removal of Tenant’s Trade Fixturesproperty and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall patch and refinish, furnishingsto Landlord’s reasonable satisfaction, equipmentall penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and Tenant-Owned Alterations and Utility Installationsshall repair or replace, as well necessary, all wall coverings and clean or replace, as may be required, floor coverings to the removal reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any storage tank improvements, constructed or installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then Tenant which Landlord requests be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be so removed by Tenant subject per Paragraph 7.4(b) above, and repair all damage caused by such removal. If the Leased Premises are not surrendered to its obligation to repair and restore Landlord in the Premises per condition required by this Article at the expiration or sooner termination of this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Landlord may, at Tenant’s right expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to occupy perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition. Tenant shall be deemed abandoned and may be disposed of by Landlord, to have impermissibly held over until such time as such required work is completed unless Landlord may determine appropriate, without further notice to has taken over such required work at Tenant’s cost. Tenant shall pay Base Monthly Rent and Additional Rent in accordance with the terms of the Holding Over paragraph until such work is completed unless Landlord all expenses incurred in connection with has taken over such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. required work at Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the Premisescost and does not complete same within 30 days.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Multi Tenant Lease Modified Net (Accelrys, Inc.), Standard Industrial/Commercial Multi Tenant Lease Modified Net (Symyx Technologies Inc)
Surrender/Restoration. Subject The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the provisions expiration or sooner termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Premises, and shall vacate and surrender the Premises by to Landlord in the end of same condition, broom clean, as existed at the last day of the Primary Lease Term or any earlier termination date, clean and free of debris and in good operating order, condition and state of repair, ordinary Commencement Date with normal wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by referenceexcepted. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified hereinLandlord, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of at Tenant’s Trade Fixturesexpense shall retain a mechanical contractor to service all heating, furnishings, ventilation and air conditioning equipment, and Tenant-Owned Alterations and Utility InstallationsTenant shall pay the cost to restore (or replace as required), as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or said equipment to good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to Tenantworking order. Tenant shall pay Landlord repair all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by Tenant or by Tenant’s removal of such items. Tenant’s obligation hereunder property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall survive patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or other sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If the Lease Premises are not surrendered to Landlord in the condition required by this Article at the expiration or the early sooner termination of this Lease, Landlord may, at Tenant’s right expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to occupy perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the PremisesPremises to the required condition.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma Inc), Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma Inc)
Surrender/Restoration. Subject to Landlord and Tenant agree and understand that Tenant has occupied the provisions Premises since the Commencement Date of Sections the Sublease and that upon termination of 8.2, 8.4(b), 10 and 15the Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises by the end of the last day of the Primary Lease Term or any earlier termination date, clean and free of debris and to Landlord in good operating order, condition and state of repair, ordinary wear and tear tear, casualty loss and condemnation covered by Sections 9 and 14 excepted per and otherwise in accordance with this Section. Without limiting the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified hereinforegoing, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include remove any odor which may exist in the repair Premises resulting from Tenant’s occupancy of any damage occasioned by the installation, maintenance Premises upon the termination of the Lease Term or removal earlier termination of Tenant’s Trade Fixturesright of possession. Upon Tenant’s written request (which request must contain the following language as it appears: “LANDLORD’S RESPONSE TO THIS REQUEST FOR CONSENT MUST INCLUDE LANDLORDS ELECTION TO REQUIRE TENANT TO REMOVE THE SUBJECT UTILITY INSTALLATION OR ALTERATION AT THE EXPIRATION OF THE LEASE TERM OR LANDLORD WILL BE DEEMED TO HAVE WAIVED ITS RIGHT TO REQUIRE TENANT TO REMOVE SAID UTILITY INSTALLATION OR ALTERATION”), furnishingsLandlord shall identify to Tenant, equipment, and at the time of Tenant’s request for approval of Tenant-Owned Made Alterations, which approved Tenant-Made Alterations and Utility Installations, as well as Landlord will require Tenant to remove upon surrender of the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this LeasePremises. Any Trade Fixtures, Tenant-Made Alterations and/or Utility Installations not removed upon and property (including the expiration of this Lease foregoing which may have been constructed or upon the early termination of Tenant’s right to occupy placed in the Premises during the term of the Existing Lease) not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord, as Landlord may determine appropriate, without further notice to Tenant’s retention and disposition of such property. Tenant shall pay Landlord acknowledges and agrees to remove all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to epoxy flooring from the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive that was installed under the expiration or other Sublease, upon termination of the Lease Term or the early earlier termination of Tenant’s right of possession. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to occupy Operating Expenses and all obligations concerning the condition and repair of the Premises. Without limiting Tenant’s obligations under the Lease, Tenant acknowledges that it shall have the affirmative obligation to remove all racking and floor striping from the Premises by or before the expiration or earlier termination of the Lease Term. As guidance to the parties, removal of the aforementioned racking shall include, without limitation, removal of the bolts in concrete associated therewith, all of which cut flush at the surface and pushed into the concrete one inch or more below the slab. Tenant shall clean all resulting holes and shall fill the same with epoxy flush to the floor’s surface. Tenant understands that the holes created for any anchor bolts placed by or on behalf of Tenant must be drilled one inch deeper than the length of the anchor bolts themselves to permit removal in the manner provided above. Furthermore, if Tenant places (or causes to be placed) any floor striping or epoxy flooring in the Premises, then following removal of any such epoxy or floor striping (i) there shall be no residual staining or other indication that such striping or epoxy existed and (ii) Tenant must re-seal the floor with a sealant reasonably acceptable to Landlord. If Tenant elects to stripe the floor of the Premises, then Tenant shall utilize a floor striping material which can be removed, and which will not permeate into the flooring. The foregoing does not constitute Landlord’s consent to Tenant’s placement of any racking and/or floor striping or epoxy in the Premises, which placement shall be governed by the provision of the Lease. Additionally, without limiting Tenant’s obligations under the Lease, Tenant acknowledges that it shall have the affirmative obligation to cause all office, warehouse, emergency and exit lights to be fully operational with all bulbs and ballasts functioning; all truck doors, service doors, roll up doors and dock levelers serviced and placed in good operating order (including replacement of any dented truck door panels and adjustment of door tension to insure proper operation, with all door panels that have been replaced painted to match the building standard); dock seals/dock bumpers to be free of tears and broken backboards; all structural steel columns in the warehouse and office to be inspected for damage, with repairs of this nature pre-approved by Landlord prior to implementation; sheetrock (drywall) damage to be patched and fire-taped so that there are no holes in either office or warehouse; walls, carpet and vinyl tiles to be in a clean condition without any holes or chips in them (Landlord will accept normal wear on these items provided they appear to be in a maintained condition); any Tenant-installed equipment to be removed from the roof and roof penetrations properly repaired by licensed roofing contractor approved by Landlord; all exterior signs to be removed and holes patched and paint touched-up as necessary; HVAC systems to be placed in good working order, including the necessary replacement of any parts to return the unit to a well maintained condition; and all electrical and plumbing equipment to be returned in good condition and repair and conforming to code. Tenant acknowledges and agrees that the terms and conditions of this Section 7.C(2) shall be subject to an inspection by Landlord, which shall occur prior to the Commencement Date of this Lease. Any improvements, Trade Fixtures, Tenant-Made Alternations and/or property installed, constructed or placed in the Premises during the Existing Lease term, deemed by Landlord, in its sole discretion, as necessary to be removed from the Premises shall be subject to the terms and conditions of this Section 7.C(2). Landlord shall notify Tenant in writing prior to the Commencement Date of this Lease, which improvements, Trade Fixtures, Tenant-Made Alterations and/or property it shall require to be removed or restored at the end of this Lease Term.
Appears in 1 contract
Samples: Standard Industrial Multi Tenant Lease Net (Xos, Inc.)
Surrender/Restoration. Subject to 17.1 Upon the provisions expiration of Sections this Sublease, or upon the sooner termination of 8.2, 8.4(b), 10 and 15, Tenant shall surrender the Premises by the end this Sublease or of the last day Subtenant’s right to possession of the Primary Lease Term or any earlier termination datePremises, clean Subtenant will at once surrender and free of debris and deliver up the Premises, together with all improvements thereon, (except as hereafter provided) to Sublandlord in good operating order, condition and state of repair, subject to ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein damage by referencefire or other casualty. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, Such improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment used in the Alterations and Utility Installations. The obligation operation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of TenantPremises (as distinguished from Subtenant’s Trade Fixtures, furnishingsas described in Section 18 of this Sublease). Subtenant shall also surrender to Sublandlord all keys and keycards to the Premises and/or the Building. For purposes of clarification, equipmentSubtenant shall in no event be responsible for removal or restoration of any improvement or Alteration in place as of the Commencement Date or not made or installed by Subtenant or any assignee, sub-subtenant or other party claiming by, through or under Subtenant.
(a) If Subtenant is permitted, with consent of Sublandlord and (if required under the Prime Lease) the Prime Landlord, to construct or install any Alterations in the Premises, and Tenant-Owned unless Subtenant and Prime Landlord have entered into a Direct Lease and Prime Landlord shall have released Sublandlord in writing from any obligation to remove the same from the Prime Lease Premises, Subtenant shall, upon expiration or early termination of the Term of this Sublease, at its sole cost and expense, cause all such Alterations to be removed and Utility Installationsall portions of the Premises restored substantially to their condition prior to the installation of such Alterations, but only if and to the extent that Sublandlord is required to remove or restore any such Alterations under the terms of the Prime Lease.
(b) Subtenant shall also at its expense remove, whether or not so designated at the time consent is given, all voice and data systems and related cabling and wiring and all security systems and devices installed by Subtenant at the Premises, unless and to the extent that the Prime Landlord otherwise agrees in writing. After any such removal in accordance with the foregoing, Subtenant shall repair any damage done to the Premises as well as a result of such removal, in a good and workmanlike manner.
(c) If the Prime Landlord requires removal of any storage tank Alterations installed or made by Subtenant, as provided in this Section 17 and Subtenant does not cause such removal in accordance with this Section 17, Sublandlord may, at Subtenant’s expense, remove the same (and repair any damage occasioned thereby) and dispose of the same, or for Tenantat its election, deliver the same to any other place of business of Subtenant, or warehouse the same. Subtenant shall pay the actual and the reasonable costs of such removal, replacementrepair, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant delivery and warehousing on demand and shall be removed by Tenant subject hold harmless and defend Sublandlord from any cost or expense it incurs due to its obligation to repair and restore the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration Subtenant’s breach of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the PremisesSection 17.2(c).
Appears in 1 contract
Samples: Sublease (Chiasma, Inc)
Surrender/Restoration. Subject The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the provisions expiration or sooner termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Premises, and shall vacate and Initials___/___ surrender the Premises by to Landlord in the end of the last day of the Primary Lease Term or any earlier termination datesame condition, broom clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premisesfreshly repainted, as surrendered, shall include existed at the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Alterations and Utility Installations, as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to TenantCommencement Date. Tenant shall pay Landlord repair all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by Tenant or by Tenant's removal of Tenant's property and all damage to the exterior of the Building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such itemspenetrations were made with Landlord's approval or not. Tenant’s obligation hereunder Tenant shall survive replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses, and shall repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or other sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If the Lease Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or the early sooner termination of this Lease, Landlord may, at Tenant’s right 's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expenses, independent contractors to occupy perform such work. Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in returning the PremisesPremises to the required condition and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Rent and Tenant's Share of Common Area Operating Expenses in accordance with the terms of the Holding Over paragraph until such work is completed.
Appears in 1 contract
Surrender/Restoration. A. Notwithstanding anything to the contrary herein or in the Prime Lease, Subtenant shall have no obligation to remove from the Sub-Premises at any time during the Term, any improvement therein made by or on behalf of Sublandlord prior to the Commencement Date. Notwithstanding anything to the contrary contained in this Sublease, prior to the end of the Term, Subtenant, at its sole cost and expense, shall be obligated to restore the Sub-Premises altered by or on behalf of Subtenant to their condition immediately preceding the Early Occupancy Date, if Prime Landlord so elects. The immediately preceding sentence shall not be deemed to grant to Subtenant any rights to make improvements outside of the Sub-Premises except as herein specifically granted and consented to by Prime Landlord and Sublandlord. Subject to any applicable restoration obligations under the Prime Lease or this Sublease, nothing in this Article 12 shall be construed to prevent: (a) Subtenant from removing from the Sub-Premises any of Subtenant’s trade fixtures, furniture and equipment installed in or on the Sub-Premises, subject to the provisions of Sections the Prime Lease pertaining to repair of 8.2damage caused by such removal; nor (b) Sublandlord from removing from the Sub-Premises, 8.4(b)prior to the Commencement Date, 10 Sublandlord’s trade fixtures, furniture and 15equipment, Tenant and other personal property installed in or on the Sub-Premises that are not listed or described in Exhibit B; provided, however that any damage to the Sub-Premises caused by such removal shall surrender the Premises be repaired by the end of Sublandlord.
B. On the last day of the Primary Lease Term Term, or upon any earlier termination dateof this Sublease, clean or upon any re-entry by Sublandlord or Prime Landlord upon the Sub-Premises, Subtenant shall, at its own expense, quit and free of debris surrender the Sub-Premises (and all keys thereto) to Sublandlord broom clean, in good operating order, condition and state of repairrepair except for ordinary wear, ordinary wear tear and tear excepted per the requirements of Exhibit D attached hereto damage by fire or other insured casualty, together with all improvements, alterations and incorporated herein by reference. Ordinary wear and tear shall not include any damage or deterioration that would modifications which have been prevented by good maintenance practice made upon the Sub-Premises (except as otherwise required in this Sublease or by Tenant performing in the Prime Lease). Subtenant shall remove from the Sub-Premises all of its obligations Subtenant’s trade fixtures and all personal property and personal effects of all persons or entities claiming through or under this Lease. Except as otherwise agreed or specified hereinSubtenant, and shall pay the Premises, as surrendered, shall include cost of repairing all damage to the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage Sub-Premises occasioned by such removal.
C. Subtenant expressly waives, for itself and any person claiming through or under Subtenant, any rights which Subtenant or any such person may have under applicable law in connection with any hold over or summary or eviction proceedings which Sublandlord or Prime Landlord may institute to enforce the installation, maintenance provisions of this Article.
D. Any of Subtenant’s trade fixtures or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenantother personal property which shall remain in the Sub-Owned Alterations and Utility Installations, as well as Premises after the removal of any storage tank installed by or for Tenant, and the removal, replacementExpiration Date, or remediation after the date of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration sooner termination of this Lease or upon the early termination of Tenant’s right to occupy the Premises Sublease, shall be deemed to have been abandoned and either may be retained by Sublandlord as its property or may be disposed of in such a manner as Sublandlord may see fit at Subtenant’s commercially reasonable cost and expense, which cost Subtenant hereby agrees to pay Sublandlord upon demand as additional rent due hereunder.
E. Notwithstanding the provisions of Section 21 of the Prime Lease, if the Sub-Premises are not surrendered on the Expiration Date, or on the sooner termination of this Sublease in the condition required hereby, Subtenant shall indemnify Sublandlord against all loss, liability, damages and claims resulting from delay or failure by LandlordSubtenant in so surrendering the Sub-Premises, as Landlord may determine appropriateincluding, without further notice to Tenantlimitation, any claims made by Prime Landlord on account of amounts due any succeeding tenant founded on such delay. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. TenantSubtenant’s obligation hereunder obligations under this Article 12 shall survive the expiration Expiration Date or other the sooner termination of the Lease or the early termination of Tenant’s right to occupy the Premisesthis Sublease.
Appears in 1 contract
Surrender/Restoration. Subject to the 26.1. The terms and provisions of Sections this Section 26 are in addition to any removal, restoration and repair obligations of 8.2Subtenant that are incorporated herein from the Lease pursuant to Section 6 hereof. In the event of any conflict between this Section 26 and the Lease, 8.4(bthis Section 26 shall control, provided that the Lease shall control in any circumstance in which Subtenant’s failure to comply with such term or provision would place Sublandlord in default under the Lease (Subtenant hereby acknowledges and agrees that the one (1) day between expiration of the Term (as defined herein) of this Sublease and expiration of the Term (as defined in the Lease) of the Lease maybe insufficient for Sublandlord’s compliance with certain obligations under the Lease), 10 and 15, Tenant .
26.2. Subtenant shall surrender be required to restore the Subleased Premises by at the end of the last day Term (as defined herein) to the same extent that Sublandlord is required to restore the Lease Premises at the end of the Primary Lease Term or any earlier termination date(as defined in the Lease). The foregoing obligation of Subtenant shall include, without limitation, (a) Subtenant’s quitting, surrender, vacation and delivery of the Subleased Premises to Sublandlord in broom clean and free of debris and in good operating order, condition and state of or repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or (b) Subtenant’s removal of Tenant’s Trade Fixturesall personal property, furnishingsfurniture, equipment, fixtures and Tenant-Owned Alterations and Utility Installations, as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items equipment (including, but not limited to, the costs of repairing Accepted Sublandlord FF&E), signage (including, but not limited to, the ID Sign), alterations and Existing Alterations (in all cases subject to Section 7.3 hereof), Specialty Alterations (subject to Section 7.3 hereof) and Hazardous Materials from the Subleased Premises, (c) Subtenant making repairs to any damage resulting from the removal of the items in (b) above or any negligence or willful misconduct of Subtenant, all to the extent that Sublandlord is required to restore the Lease Premises caused at the end of the Term (as defined in the Lease). Each party shall deliver to the other party any notices received by such party from Landlord or any other party with respect to surrender and removal obligations relating to the Subleased Premises. In the event that this Sublease is terminated as a result of a default by Subtenant hereunder, then Subtenant shall pay Sublandlord, within thirty (30) days after receipt by Subtenant of an invoice therefor, as Additional Rent, the reasonable out-of-pocket costs and expenses incurred by Sublandlord to restore the portion(s) of the Subleased Premises affected thereby in accordance with the foregoing (as if the date of termination was the end of the Term (as defined herein).
26.3. Notwithstanding anything contained in this Sublease or the Lease to the contrary, Sublandlord and Subtenant acknowledge that Landlord may require removal of two (2) interior ADA-compliant restrooms in the Subleased Premises (the “ADA Restrooms”) prior to the end of the Term (as defined in the Lease). Should Landlord require removal of the ADA Restrooms prior to the end of the Term (as defined in the Lease), or should Sublandlord need to remove any Existing Alterations, then commencing on the date which is forty-five (45) days prior to the end of the Term (as defined herein), Sublandlord shall have (a) reasonable access to the Subleased Premises for purposes of removing the ADA Restrooms and any other Existing Alterations for which Landlord is requiring removal (subject to Section 7.3 hereof) (such itemsaccess to be pursuant to the provisions of Section 24 hereof) and (b) the absolute right to remove, at Sublandlord’s sole cost and expense, said ADA Restrooms and other Existing Alterations from the Subleased Premises. Tenant’s obligation hereunder Subtenant shall survive have no right to claim any abatement, set off, offset or deduction of any kind whatsoever as a result of the foregoing. Subtenant shall cooperate with Sublandlord, at no cost to Subtenant, to ensure that the ADA Restrooms and all other Existing Alterations for which Landlord is requiring removal are removed prior to expiration of the Term (as defined in the Lease). Notwithstanding the foregoing, for the avoidance of doubt, if Subtenant will occupy the Subleased Premises after the expiration or other earlier termination of the Term, Subtenant shall automatically assume from Sublandlord any and all removal obligations under the Lease or with respect to the early termination of Tenant’s right to occupy the PremisesADA Restrooms and any other Existing Alterations.
Appears in 1 contract
Samples: Sublease Agreement (Datadog, Inc.)
Surrender/Restoration. Subject The voluntary or other surrender of this lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such Eight-L 1993 —7— Initials / subleases or subtenancies. Immediately prior to the provisions expiration or sooner termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises by to Landlord in the end of the last day of the Primary Lease Term or any earlier termination datesame condition, broom clean and free freshly repainted, as existed at the Lease Commencement Date with the exception of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted per tear. Landlord, at Tenant’s expense shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant shall pay the requirements of Exhibit D attached hereto and incorporated herein cost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises caused by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice Tenant or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or Tenant’s removal of Tenant’s Trade Fixturesproperty and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall patch and refinish, furnishingsto Landlord’s reasonable satisfaction, equipmentall penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and Tenant-Owned Alterations and Utility Installationsshall repair or replace, as well necessary, all wall coverings and clean or replace, as may be required, floor coverings to the removal reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Excepting ordinary wear and tear, Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any storage tank improvements, constructed or installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then Tenant which Landlord requests be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be so removed by Tenant subject and repair all damage caused by such removal. If the Leased Premises are not surrendered to its obligation to repair and restore Landlord in the Premises per condition required by this Article at the expiration or sooner termination of this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Landlord may, at Tenant’s right expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to occupy perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed abandoned and may be disposed of by Landlord, to have impermissibly held over until such time as Landlord may determine appropriate, without further notice to Tenantsuch required work is completed. Tenant shall pay Landlord all expenses incurred Base Monthly Rent and Additional Rent in connection accordance with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination terms of the Lease or the early termination of Tenant’s right to occupy the PremisesHolding Over paragraph until such work is completed.
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease Modified Net (ADESTO TECHNOLOGIES Corp)
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant COUNTY shall surrender the Premises by the end of the last day of the Primary Lease Term or any earlier termination date, with all of the improvements, parts and surfaces thereof clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by referenceexcepted. “Ordinary wear and tear tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant COUNTY performing all of its obligations under this Lease. Except as otherwise agreed Subject to the immediately following paragraph, LESSOR may require, in its sole discretion, that any or specified hereinall Alterations or Utility Installations be removed by the expiration or earlier termination of this Lease, the Premises, as surrendered, notwithstanding their installation may have been approved by LESSOR. COUNTY’s obligation to remove any or all such Alterations or Utility Installations shall include the Alterations obligation to promptly repair any damage caused by such removal. COUNTY’s repair and Utility Installations. The obligation of Tenant restoration obligations under this Paragraph shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Alterations and Utility Installations, as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by TenantCOUNTY, all as may then be required by Applicable Requirements applicable law and/or good practicethis Lease. TenantCOUNTY’s Trade Fixtures shall remain the property of Tenant COUNTY and shall be promptly removed by Tenant COUNTY on Lease expiration or earlier termination subject to its obligation to repair and restore the Premises per as set forth above. Notwithstanding anything to the contrary contained herein, concurrently with requesting LESSOR’s consent to Alterations or Utility Installations pursuant to this Clause, COUNTY shall have the right to request in writing LESSOR’s determination whether LESSOR will require that such Alterations or Utility Installations be removed upon expiration or earlier termination of the Lease. Any Trade FixturesIf such a request is made, LESSOR shall notify COUNTY whether LESSOR will require the removal of such Alterations and/or or Utility Installations not removed upon the expiration Installations. LESSOR’s failure to notify COUNTY within ten (10) business days following receipt of this Lease or upon the early termination of TenantCOUNTY’s right to occupy the Premises request shall be deemed abandoned and may to be disposed of by Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with LESSOR’s requirement that such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the Alterations or Utility Installations be removed upon expiration or other earlier termination of the Lease Lease. Notwithstanding the foregoing, COUNTY shall have the right during and upon expiration or the early earlier termination of Tenant’s right the Term to occupy remove the equipment listed on attached Exhibit I (collectively, the “County Equipment”) from the Premises, provided COUNTY shall, at its sole cost and expense, promptly repair any damage caused by such removal.
Appears in 1 contract
Samples: Lease
Surrender/Restoration. Subject The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the provisions expiration or sooner termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Premises, and shall vacate and surrender the Premises by the end of the last day of the Primary Lease Term or any earlier termination dateto Landlord in broom clean condition, clean and free of debris and in good operating order, condition and state of repair, ordinary normal wear and tear excepted per excepted. Additionally, Tenant shall, prior to the requirements expiration or sooner termination of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include this Lease, remove any damage Alterations or deterioration that would have been prevented by good maintenance practice Utility Installments constructed or installed by Tenant performing that Landlord previously requested be removed when it gave its consent to such Alterations or Utility Installments, and Tenant shall repair all damage caused by such removal. If the Premises are not surrendered to Landlord in the condition required by this Paragraph 7.4(c) at the expiration or sooner termination of its obligations under this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to perform such work. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned be liable to Landlord for all costs incurred by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Alterations and Utility Installations, as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore Landlord in returning the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon to the expiration of this Lease or upon the early termination of Tenant’s right to occupy the Premises required condition and Tenant shall be deemed abandoned and may be disposed of by Landlord, to have impermissibly held over until such time as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the Premisesrequired work is completed.
Appears in 1 contract
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant Lessee shall surrender the Premises by the end of the last day of the Primary Lease Term Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by referenceexcepted. “Ordinary wear and tear tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Leasepractice. Except as otherwise agreed or specified herein, the Premises, as surrendered, Lessee shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Lessee owned Alterations and and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for TenantLessee. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, its agents, employees, contractors and invitees to the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by level specified in Applicable Requirements and/or good practiceRequirements. Tenant’s Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this LeaseLessee. Any Trade Fixtures, Alterations and/or Utility Installations personal property of Lessee not removed upon on or before the expiration of this Lease Expiration Date or upon the early any earlier termination of Tenant’s right to occupy the Premises date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Landlord, Lessor as Landlord Lessor may determine appropriate, desire. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without further notice to Tenantthe express written consent of Lessor shall constitute a holdover under the provisions of Paragraph 26 below. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage Notwithstanding anything contained herein to the contrary, Lessee’s obligations with respect to the surrender of the Premises caused shall be fulfilled if Lessee surrenders possession of the Premises in the condition existing on the Commencement Date, ordinary wear and tear, casualties, condemnation, Hazardous Substances (other than those released or emitted by Lessee), permitted alterations (unless Lessor required removal of such items. Tenant’s obligation hereunder shall survive the expiration pursuant to Section 7.4 (b)) or other termination of interior improvements that Lessee is not responsible for under the Lease or the early termination of Tenant’s right to occupy the PremisesLease, excepted.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (ImmunityBio, Inc.)
Surrender/Restoration. Subject The voluntary or other surrender of this lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the provisions expiration or sooner termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Premises, and shall vacate and surrender the Premises by to Landlord in the end of same condition, broom clean, as existed at the last day of the Primary Lease Term or any earlier termination dateCommencement Date, clean and free of debris and in good operating order, condition and state of repair, ordinary normal wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include any casualty damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Alterations and Utility Installations, as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to Tenantexcepted. Tenant shall pay Landlord repair all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by Tenant or by Tenant’s removal of such items. Tenant’s obligation hereunder property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall survive patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or other sooner termination of this Lease, remove any improvements, constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If the Lease Premises are not surrendered to Landlord in the condition required by this Article at the expiration or the early sooner termination of this Lease, Landlord may, at Tenant’s right expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to occupy perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the PremisesPremises to the required condition.
Appears in 1 contract
Samples: Lease Agreement (EGAIN Corp)
Surrender/Restoration. Subject to At the provisions expiration or other termination of Sections of 8.2this Lease, 8.4(b), 10 and 15, Tenant Lessee shall surrender the Premises by and all Non-Removable Items, including without limitation, the end Utility Infrastructure and Critical Fixtures (other than Removable Obsolete Items that Lessee has removed), and all Permitted Alterations and Restricted Alterations (other than Excluded Equipment) to Lessor in as good order and condition as they were at the commencement of the last day of the Primary Lease Term or any earlier termination datemay be put in thereafter in accordance with this Lease subject to reasonable wear and tear and limited to Lessee’s obligations under Paragraph 9 (Damage or Destruction), clean and free of debris and 14 (Condemnation). As used in good operating orderthis Lease, condition and state of repair, “ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all practice. For the avoidance of its obligations under this Lease. Except as otherwise agreed or specified hereindoubt, the Premisesparties acknowledge and agree that all Utility Infrastructure and Critical Fixtures, Tenant Improvements, Additional Data Center Fixtures Additional Data Center Fixtures (subject to the removal provisions under Paragraph 7.6(a) with respect to Building 2 and it being agreed that Additional Data Center Fixtures may not in any event be removed from Building 1) and all Permitted Obsolete Item Replacements (other than Removable Obsolete Items that Lessee has removed) shall remain upon and be surrendered with the Premises as surrendereda part thereof at the termination or other expiration of the Term. All Permitted Alterations and Restricted Alterations, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Alterations and Utility Installations, as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain become the property of Tenant Lessor and shall remain upon and be removed by Tenant surrendered with the Premises as a part thereof expiration or other termination of the Term. Notwithstanding the foregoing, in the event Lessor provides Lessee notice, at the time Lessor approves a Restricted Alteration, that such alteration will be subject to its obligation to repair and restore the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed removal upon the expiration or other termination of the Term, then Lessee shall remove, at its sole cost and expense, the applicable alteration(s), as directed by Lessor. Alterations, Excluded Equipment and personal property of Lessee not so removed at the end of the Term or within sixty (60) days after the expiration or other termination of the Term for any reason whatsoever shall become the property of Lessor, and Lessor may thereafter cause such alterations and other property to be removed from the Premises. Lessor shall not in any manner or to any extent be obligated to reimburse Lessee for any Additional Data Center Fixtures, Tenant Improvements, Lessee Owned Alterations, Permitted Alterations, Restricted Alterations or other property which becomes the property of Lessor as a result of such expiration or other termination. The provisions of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder Paragraph 7.6 shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the Premisesthis Lease.
Appears in 1 contract
Samples: Lease Agreement (SAVVIS, Inc.)
Surrender/Restoration. Subject The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the provisions expiration or sooner termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall surrender remove all of Tenants signs from the Premises by the end exterior of the last day of the Primary Lease Term or any earlier termination date, clean Building and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing remove all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations, as well as Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenants signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall repaint all painted walls. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any storage tank Improvements, constructed or installed by or for TenantTenant which Landlord pursuant to the provisions of Section 7.4(b) above, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then previously requested be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be so removed by Tenant subject and repair all damage caused by such removal. If the Leased Premises are not surrendered to its obligation to repair and restore Landlord in the Premises per condition required by this Article at the expiration or sooner termination of this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Landlord may, at Tenant’s right expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to occupy perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed abandoned and may be disposed of by Landlord, to have impermissibly held over until such time as Landlord may determine appropriate, without further notice to Tenantsuch required work is completed. Tenant shall pay Landlord all expenses incurred in connection with Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the Premiseswork is completed.
Appears in 1 contract
Samples: Lease (Penumbra Inc)
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant Lessee shall surrender the Premises and tender keys to Lessor by the end of the last day of the Primary Lease Term Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted per excepted. Any personal property of Lessee not removed on or before the requirements expiration or any earlier termination date shall be deemed abandoned by Lessee and shall be disposed of Exhibit D attached hereto and incorporated herein or retained by referenceLessor as Lessor may desire. "Ordinary wear and tear tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice practice. Notwithstanding the foregoing, if this Lease is for 12 months or by Tenant performing all of its obligations under this Leaseless, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Except as otherwise agreed or specified herein, the Premises, as surrendered, Lessee shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Lessee Owned Alterations and and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Tenant, Lessee. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the removal, replacementPremises by or for Lessee, or remediation any third party (except Hazardous Substances which were deposited via underground migration from areas outside of any soil, material the Project) even if such removal would require Lessee to perform or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practicepay for work that exceeds statutory requirements. Tenant’s Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by Tenant subject Lessee. The failure by Lessee to its obligation to repair and restore timely vacate the Premises per and tender keys to Lessor by the Expiration Date or earlier termination date pursuant to this LeaseParagraph 7.4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of Paragraph 26 below. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the Premises.Lessor's Initials Lessees Initials
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease (Alldigital Holdings, Inc.)
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant shall surrender the Premises by the end of the last day of the Primary Lease Term term or any earlier termination date, clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by referenceexcepted. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Alterations and Utility Installations, as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this Lease. Any If Tenant fails to remove any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease Lease, (i) Landlord, at Tenant’s sole cost and expense, may remove and dispose of the same (and repair any damage occasioned thereby) or upon the early termination deliver such items to any other place of business of Tenant’s right to occupy , or warehouse the Premises same, and Tenant shall pay the cost of such removal, repair, delivery, or warehousing within five (5) days after demand from Landlord and (ii) such failure shall be deemed abandoned and may be disposed of a holding over by Tenant under Section 26 below until such failure is rectified by Tenant or Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the PremisesLease.
Appears in 1 contract
Samples: Industrial Multi Tenant Lease (Ironclad Performance Wear Corp)
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant Lessee shall surrender the Premises by the end of the last day of the Primary Lease Term Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris debris, and in as good and operating order, condition and state of repairrepair as when received, ordinary wear and tear excepted per and subject to the requirements other provisions of Exhibit D attached hereto this Lease with respect to which Lessee Owned Alterations, Lessee Improvement Work and incorporated herein by referenceUtility Installations may remain in the Premises at the end of the Term. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice practice. Notwithstanding the foregoing, if this Lease is for 36 months or by Tenant performing all of its obligations under this Leaseless, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Except as otherwise agreed or specified herein, the Premises, as surrendered, Lessee shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Lessee owned Alterations and and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Tenant, Lessee. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the removal, replacementPremises by or for Lessee, or remediation any third party (except Hazardous Substances which were deposited via underground migration from areas outside of any soil, material the Project) even if such removal would require Lessee to perform or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practicepay for work that exceeds statutory requirements. Tenant’s Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by Tenant subject Lessee. Lessee shall notify Lessor in writing at least 120 days prior to its obligation to repair and restore vacating the Premises per this Leaseand shall within 30 days prior to vacating arrange to meet with Lessor for a joint inspection of the Premises prior to vacating. Any Trade FixturesIf Lessee fails to give such notice or to arrange for such inspection, Alterations and/or Utility Installations not removed upon the expiration then Lessor’s inspection of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned conclusive for the purpose of determining Lessee’s responsibility for repairs and may be disposed restoration of the Premises. The failure by Landlord, as Landlord may determine appropriate, without further notice Lessee to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to timely vacate the Premises caused by removal pursuant to this Paragraph 7.4(c) without the express written consent of such itemsLessor shall constitute a holdover under the provisions of Paragraph 26 below. Tenant’s obligation hereunder shall survive At least fourteen (14) days but no more than thirty (30) days prior to the expiration or other earlier termination of the Lease Lease, Lessee shall deliver to Lessor (i) a certificate from an engineer reasonably acceptable to Lessor certifying that the HVAC and other air-handling systems are then in good repair and working order and (ii) in the event Lessee utilizes Hazardous Substances in or on the early termination Premises during the Term, a Phase I environmental assessment of Tenant’s right the Premises and if so recommended in the Phase I, a Phase II environmental site assessment prepared by an environmental engineer reasonably acceptable to occupy Lessor indicating that no Hazardous Substance Condition exists on the PremisesPremises in violation of applicable law. In the event such Phase I environmental assessment determines that no Hazardous Substance Condition exists on the Premises for which Lessee is responsible pursuant to the terms hereof, Lessor shall reimburse Lessee for the cost of such Phase I environmental assessment.
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease Net (SMART Global Holdings, Inc.)
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant Lessee shall surrender the Premises by the end of the last day of the Primary Lease Term Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris debris, and in as good and operating order, condition and state of repairrepair as when received, ordinary wear and tear excepted per and subject to the requirements other provisions of Exhibit D attached hereto this Lease with respect to which Lessee Owned Alterations, Lessee Improvement Work and incorporated herein by referenceUtility Installations may remain in the Premises at the end of the Term. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice practice. Notwithstanding the foregoing, if this Lease is for 36 months or by Tenant performing all of its obligations under this Leaseless, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Except as otherwise agreed or specified herein, the Premises, as surrendered, Lessee shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Lessee owned Alterations and and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Tenant, Lessee. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the removal, replacementPremises by or for Lessee, or remediation any third party (except Hazardous Substances which were deposited via underground migration from areas outside of any soil, material the Project) even if such removal would require Lessee to perform or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practicepay for work that exceeds statutory requirements. Tenant’s Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by Tenant subject Lessee. Lessee shall notify Lessor in writing at least 120 days prior to its obligation to repair and restore vacating the Premises per this Leaseand shall within 30 days prior to vacating arrange to meet with Lessor for a joint inspection of the Premises prior to vacating. Any Trade FixturesIf Lessee fails to give such notice or to arrange for such inspection, Alterations and/or Utility Installations not removed upon the expiration then Lessor's inspection of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned conclusive for the purpose of determining Lessee's responsibility for repairs and may be disposed restoration of the Premises. The failure by Landlord, as Landlord may determine appropriate, without further notice Lessee to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to timely vacate the Premises caused by removal pursuant to this Paragraph 7.4(c) without the express written consent of such itemsLessor shall constitute a holdover under the provisions of Paragraph 26 below. Tenant’s obligation hereunder shall survive At least fourteen (14) days but no more than thirty (30) days prior to the expiration or other earlier termination of the Lease Lease, Lessee shall deliver to Lessor (i) a certificate from an engineer reasonably acceptable to Lessor certifying that the HVAC and other air-handling systems are then in good repair and working order and (ii) in the event Lessee utilizes Hazardous Substances in or on the early termination Premises during the Term, a Phase I environmental assessment of Tenant’s right the Premises and if so recommended in the Phase I, a Phase II environmental site assessment prepared by an environmental engineer reasonably acceptable to occupy Lessor indicating that no Hazardous Substance Condition exists on the PremisesPremises in violation of applicable law. In the event such Phase I environmental assessment determines that no Hazardous Substance Condition exists on the Premises for which Lessee is responsible pursuant to the terms hereof, Lessor shall reimburse Lessee for the cost of such Phase I environmental assessment.
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease (SMART Modular Technologies (WWH), Inc.)
Surrender/Restoration. Subject to Upon the provisions termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall surrender the Premises by the end of the last day of the Primary Lease Term term or any earlier termination datedate in its original condition (as when Tenant took possession of the Premises), clean and free of debris and in good operating order, condition and state of repair, repair ordinary wear and tear excepted per excepted. Without limiting the requirements generality of Exhibit D attached hereto the above, Tenant shall remove all personal property, trade fixtures, unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by or on behalf of Tenant or situated in or about the Premises and incorporated herein by referencefloor bolts, patch all floors and cause all lights to be in good operating condition. Ordinary wear By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and tear other improvements which Landlord shall require Tenant not include to remove from the Premises. Tenant shall repair any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned caused by the installation, maintenance installation or removal of Tenant’s Trade Fixturessuch signs, trade fixtures, furniture, furnishings, equipmentfixtures, additions and Tenant-Owned Alterations improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, additions and Utility Installations, as well as other improvements (other than the removal of any storage tank Tenant Improvements) installed by in or for Tenant, and about the removal, replacementPremises by, or remediation on behalf of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Tenant’s right to occupy the Premises shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, ensure that the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive items and the expiration or other repair of the Premises will be completed prior to such termination of this Lease. Notwithstanding the Lease or foregoing, Tenant may remove from the early Premises upon termination of Tenant’s right to occupy this Lease the Premises.laboratory equipment specifically listed in Exhibit E.
Appears in 1 contract
Samples: Industrial Lease (Abgenix Inc)
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant Lessee shall surrender the Premises by the end of the last day of the Primary Lease Term Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by referenceexcepted. “Ordinary wear and tear tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice Notwithstanding the foregoing, if this Lease is for 12 months or by Tenant performing all of its obligations under this Leaseless, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Except as otherwise agreed or specified herein, the Premises, as surrendered, Lessee shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Lessee owned Alterations and and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by for Lessee. Lessee shall remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Tenant, and the removal, replacementLessee, or remediation any third party (except Hazardous Substances which were deposited via underground migration from areas outside of any soilthe Premises, material or ground water contaminated by Tenantif applicable, all as may then the Project); provided, however, that Lessee shall not be required by Applicable Requirements and/or good practice. Tenantobligated to perform or pay for work that exceeds statutory or regulatory requirements Trade Fixtures, including, without limitation, Lessee’s Trade Fixtures crane and paint booth, shall remain the property of Tenant Lessee and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this LeaseLessee. Any Trade Fixtures, Alterations and/or Utility Installations personal property of Lessee not removed upon on or before the expiration of this Lease Expiration Date or upon the early any earlier termination of Tenant’s right to occupy the Premises date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by LandlordLessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of Paragraph 26 below. Except for Lessee’s obligations pertaining to Hazardous Substances, as Landlord may determine appropriateLessor shall be deemed to have agreed that Lessee has performed its maintenance and repair obligations hereunder and that Lessee has surrendered the Premises in the condition required in this Lease if Lessor does not specify, without further in reasonable detail, in a written notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, Lessee given within 90 days after the costs surrender of repairing any damage to the Premises caused to Lessor, any failure by removal of Lessee to perform such items. Tenant’s obligation hereunder shall survive maintenance and repair and to so surrender the expiration or other termination of the Lease or the early termination of Tenant’s right Premises to occupy the PremisesLessor or, if Lessor does not correct any such failure within a reasonable time thereafter, not to exceed 90 days after such notice is given to Lessee.
Appears in 1 contract
Samples: Standard Industrial Commercial Single Tenant Lease (Accuride Corp)
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant Lessee shall surrender the Premises by the end of the last day of the Primary Lease Term Expiration Date or any earlier termination date, with all of the Improvements, parts and surfaces thereof broom clean and free of debris debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by referencede.minimis alterations (such as nail holes) excepted. “Ordinary wear and tear tear” shall not include any damage or deterioration that would have been prevented by good best maintenance practice practices; (For advisory guidance as to what Lessor considers ordinary wear and tear refer to Exhibit B -“Tenant’s Guide to Move Out Condition.”) Notwithstanding the foregoing, if this Lease is for twelve (12) months or by Tenant performing all of its obligations under this Leaseless, then Lessee Shall surrender the Premises in the same condition as delivered to Lessee on the Start Date on the condition required herein with NO alley/ante for ordinary wear and tear. Except as otherwise agreed or specified herein, the Premises, as surrendered, Lessee shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Lessee owned Alterations and and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Tenant, Lessee. Lessee shall remove from the Premises any and all Hazardous Substances brought onto the removal, replacementPremises by or for Lessee, or remediation its agents, contractors, employees or Invitees (except Hazardous Substances which were deposited via underground migration from areas outside of any soil, material or ground water contaminated by Tenant, all as may then be required by the Premises) to the level specified in Applicable Requirements and/or good practiceRequirements. Tenant’s Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this LeaseLessee. Any Trade Fixtures, Alterations and/or Utility Installations personal property of Lessee not removed upon on or before the expiration of this Lease Expiration Date or upon the early any earlier termination of Tenant’s right to occupy the Premises date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by LandlordLessor in Lessor’s sole discretion and Lessee hereby indemnifies, as Landlord may determine appropriateprotects, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred and holds harmless and releases Lessor from liability therefor and does waive the benefit of a statute which would otherwise prevent Lessor from disposing of or retaining any personal property abandoned on the Project or in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the Premises.. The failure
Appears in 1 contract
Samples: Industrial/Commercial Single Tenant Lease (Stevanato Group S.p.A.)
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant Lessee shall surrender the Business Premises or the Vacant Lot, as applicable, by the end of the last day of the Primary Lease Term applicable lease term or any earlier termination datedate (as applicable, the “Surrendered Premises”), with all of the improvements, parts and surfaces thereof broom clean and free of debris and in good operating order, condition and state of repair, except for (i) ordinary wear and tear excepted per tear, or (ii) such other improvements, parts and surfaces that are Lessor’s obligations to repair under the requirements Lease, including Lessor’s obligations to repair, if any, as a result of Exhibit D attached hereto and incorporated herein by referencethe Premises Partial Damage or Condemnation. “Ordinary wear and tear tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing practice. Lessee shall surrender to Lessor all of its obligations under this Lease. Except as otherwise agreed or specified herein, keys and other such items pertaining to the Surrendered Premises, as surrendered, and shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Alterations and and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for TenantLessee. Lessee shall completely remove from the Surrendered Premises any and all Hazardous Substances brought onto the Surrendered Premises by or for Lessee and Lessee’s Agents during the term of the Lease (except Hazardous Substances which were deposited via underground migration from adjacent properties not caused or contributed to by Lessee or Lessee’s Agents), and take all investigatory and/or remedial action as required under the removal, replacement, or remediation Applicable Requirements for the cleanup of any soil, material contamination of the Surrendered Premises that was caused by Lessee or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practiceLessee’s Agents. Tenant’s Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by Tenant subject to its obligation to repair and restore Lessee on or before the Premises per this LeaseExpiration Date or any earlier termination date. Any Trade Fixtures, Alterations and/or Utility Installations personal property of Lessee not removed upon on or before the expiration of this Lease Expiration Date or upon the early any earlier termination of Tenant’s right to occupy the Premises date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Landlord, Lessor as Landlord Lessor may determine appropriate, desire. The failure by Lessee to timely vacate the Surrendered Premises pursuant to this Paragraph 7.4(c) without further notice to Tenant. Tenant the express written consent of Lessor shall pay Landlord all expenses incurred in connection with such items including, but not limited to, constitute a holdover under the costs provisions of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the PremisesParagraph 26.
Appears in 1 contract
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant shall surrender the Premises by the end expiration or earlier termination of the last day Lease Term, with all of the Primary Lease Term or any earlier termination dateimprovements, parts and surfaces thereof broom clean and free of debris debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted per excepted, and with all damage and/or injury to the requirements Premises by Tenant or any person who may be in or upon the Premises by the consent of Exhibit D attached hereto Tenant, repaired by Tenant at Tenant's sole cost and incorporated herein expense. At Landlord's election, all work of restoration shall be performed by referenceXxxxxxxx and paid for by Xxxxxx, with the cost of such restoration to be determined by Landlord based on the lowest of two (2) written estimates obtained by Landlord, which restoration work Landlord shall commence only after Xxxxxxxx has received payment therefor from Tenant. "Original Condition" is defined as perimeter/demising walls only with all interior partitions and partition walls removed, all ceilings properly re-hung following demolition, and all plumbing and electrical systems redone to met then current building codes. "Ordinary wear and tear tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Leasepractice. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade FixturesAlterations and/or Utility Installations, furnishings, equipment, and Tenant-Owned Alterations and Utility Installations, equipment as well as the removal of any storage tank installed by or for Tenant. Any and all basins, lavatories, sinks, water closets, water heaters, lighting fixtures, receptacles, hardware, cabinets, partitions (whether permanently built-in or the type which attaches to the floor or walls directly or through a bracket-type installation), doors and floor coverings (other than carpets) are herein construed to be permanent improvements and shall not be removed from the removalPremises upon the expiration or early termination of this Lease, replacementexcept as provided in Section 7.4(b), above. Tenant shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Tenant, or remediation of any soil, material third party even if such removal would require Tenant to perform or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practicepay for work that exceeds statutory requirements. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant. The failure by Tenant subject to its obligation to repair and restore timely vacate the Premises per pursuant to this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon Section without the expiration express written consent of this Lease or upon Landlord shall constitute a holdover under the early termination provisions of Tenant’s right to occupy the Premises shall be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the PremisesArticle 26 below.
Appears in 1 contract
Samples: Lease Agreement
Surrender/Restoration. Subject to the provisions of Sections of 8.2, 8.4(b), 10 and 15, Tenant Lessee shall surrender the Premises by the end of the last day of the Primary Lease Term Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein damage caused by referenceLessor excepted. “Ordinary wear and tear tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice practice. Notwithstanding the foregoing, if the Lessee occupies the Premises for 12 months or by Tenant performing all of its obligations under this Leaseless, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Commencement Date with NO allowance for ordinary wear and tear. Except as otherwise agreed or specified herein, the Premises, as surrendered, Lessee shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, equipment, and Tenant-Owned Lessee owned Alterations and and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Tenant, Lessee. Lessee shall also remove from the Premises any and all Hazardous Substances brought onto the removal, replacementPremises by or for Lessee, or remediation its employees, agents or contractors any third party (except Hazardous Substances which were deposited via underground migration from areas outside of any soil, material or ground water contaminated by Tenant, all as may then be required by the Premises) to the level specified in Applicable Requirements and/or good practiceRequirements. Tenant’s Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by Tenant subject to its obligation to repair and restore the Premises per this LeaseLessee. Any Trade Fixtures, Alterations and/or Utility Installations personal property of Lessee not removed upon on or before the expiration of this Lease Expiration Date or upon the early any earlier termination of Tenant’s right to occupy the Premises date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Landlord, Lessor as Landlord Lessor may determine appropriate, without further notice desire. The failure by Lessee to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to timely vacate the Premises caused by removal pursuant to this Paragraph 7.3(c) without the express written consent of such itemsLessor shall constitute a holdover under the provisions of Paragraph 26 below. Tenant’s obligation hereunder shall survive the expiration or other termination 12 of the Lease or the early termination of Tenant’s right to occupy the Premises.42 Initials: ______, _______
Appears in 1 contract
Samples: Lease (Zenlabs Holdings Inc)
Surrender/Restoration. Subject The voluntary or other surrender of this lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the provisions expiration or sooner termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises by to Landlord in the end of the last day of the Primary Lease Term or any earlier termination datesame condition, broom clean and free of debris freshly repainted, as existed at the Lease Commencement Date. Landlord, at Tenant’s expense shall retain a mechanical contractor to service all heating, ventilation and in air conditioning equipment, and Tenant shall pay the cost to restore (or replace as required), said equipment to good operating working order, condition and state of repair, ordinary wear and tear excepted per . Tenant shall repair all damage to the requirements of Exhibit D attached hereto and incorporated herein Leased Premises caused by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice Tenant or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or Tenant’s removal of Tenant’s Trade Fixturesproperty and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall patch and refinish, furnishingsto Landlord’s reasonable satisfaction, equipmentall penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and clean or replace, as may be required, floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses, and Tenant-Owned Alterations shall repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and Utility Installationsthe paved surfaces of the outside areas adjoining the Leased Premises and, as well as where necessary, replace or resurface same. Additionally, Tenant shall, prior to the removal expiration or sooner termination of this Lease, remove any storage tank improvements, constructed or installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then Tenant which Landlord requests be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be so removed by Tenant subject and repair all damage caused by such removal. If the Leased Premises are not surrendered to its obligation to repair and restore Landlord in the Premises per condition required by this Article at the expiration or sooner termination of this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Landlord may, at Tenant’s right expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to occupy perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed abandoned and may be disposed of by Landlord, to have impermissibly held over until such time as Landlord may determine appropriate, without further notice to Tenantsuch required work is completed. Tenant shall pay Landlord all expenses incurred Base Monthly Rent and Additional Rent in connection accordance with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination terms of the Lease or the early termination of Tenant’s right to occupy the PremisesHolding Over paragraph until such work is completed.
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease (Opnext Inc)
Surrender/Restoration. Subject The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the provisions expiration or sooner termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall surrender the Premises by the end of the last day of the Primary Lease Term or any earlier termination date, clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing remove all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixturessigns from the exterior of the Building and shall remove all of Tenant’s equipment, furnishingstrade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean and freshly repainted, as existed at the Lease Commencement Date. Only to the extent not covered in a contract between Tenant and its contractor, Landlord, at Tenant’s expense, shall retain a mechanical contractor to service all heating, ventilation and air conditioning equipment, and Tenant-Owned Alterations Tenant shall pay the cost to restore (or replace as required), said equipment to good working order. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Xxxxxx’s removal of Xxxxxx’s property and Utility Installationsall damage to the exterior of the Building caused by Xxxxxx’s removal of Xxxxxx’s signs. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as well necessary, all wall coverings and clean or replace, as may be required, floor coverings to the removal reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged or stained light lenses, and shall repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, upon the expiration or sooner termination of this Lease, remove any storage tank improvements, constructed or installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then Tenant which Landlord requests be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be so removed by Tenant subject and repair all damage caused by such removal. If the Leased Premises are not surrendered to its obligation to repair and restore Landlord in the Premises per condition required by this Article at the expiration or sooner termination of this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Landlord may, at MULTI-TENANT - MODIFIED NETEight-L 1993 ---- Initials / Tenant’s right expense, so remove Xxxxxx’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to occupy perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed abandoned and may be disposed of by Landlord, to have impermissibly held over until such time as Landlord may determine appropriate, without further notice to Tenantsuch required work is completed. Tenant shall pay Landlord all expenses incurred Base Monthly Rent and Additional Rent in connection accordance with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination terms of the Lease or the early termination of Tenant’s right to occupy the PremisesHolding Over paragraph until such work is completed.
Appears in 1 contract
Surrender/Restoration. Subject The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to Landlord of any or all such subleases or subtenancies. Immediately prior to the provisions expiration or sooner termination of Sections of 8.2, 8.4(b), 10 and 15this Lease, Tenant shall surrender the Premises by the end of the last day of the Primary Lease Term or any earlier termination date, clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein by reference. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing remove all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, furnishings, signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, subject to Tenant-Owned Alterations and Utility Installations, as well as Installations the removal of which is not required hereunder. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all burned out light bulbs and damaged or stained light lenses and shall touch up any storage tank painted walls if needed. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements, constructed or installed by or for TenantTenant which Landlord pursuant to the provisions of Section 7.4(b) above, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then previously requested be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be so removed by Tenant subject and repair all damage caused by such removal. If the Leased Premises are not surrendered to its obligation to repair and restore Landlord in the Premises per condition required by this Article at the expiration or sooner termination of this Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon the expiration of this Lease or upon the early termination of Landlord may, at Tenant’s right expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expenses, independent contractors to occupy perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition and Tenant shall be deemed abandoned and may be disposed of by Landlord, to have impermissibly held over until such time as Landlord may determine appropriate, without further notice to Tenantsuch required work is completed. Tenant shall pay Landlord all expenses incurred in connection with Base Monthly Rent and Additional Rent at the rate payable immediately preceding the Expiration Date until such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder shall survive the expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the Premiseswork is completed.
Appears in 1 contract
Samples: Lease (Penumbra Inc)
Surrender/Restoration. Subject to 16.1 Upon the provisions expiration of Sections this Sublease, or upon the sooner termination of 8.2, 8.4(b), 10 and 15, Tenant shall surrender the Premises by the end this Sublease or of the last day Subtenant’s right to possession of the Primary Lease Term or any earlier termination datePremises, clean Subtenant will at once surrender and free of debris and deliver up the Premises, together with all improvements thereon, (except as hereafter provided) to Sublandlord in good operating order, condition and state of repair, subject to ordinary wear and tear excepted per the requirements of Exhibit D attached hereto and incorporated herein damage by referencefire or other casualty. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, Such improvements shall include all plumbing, lighting, electrical, heating, and ventilating fixtures and equipment used in the Alterations and Utility Installations. The obligation operation of Tenant shall include the repair of any damage occasioned by the installation, maintenance or removal of TenantPremises (as distinguished from Subtenant’s Trade Fixtures, furnishingsas described in Section 17 of this Sublease). Subtenant shall also surrender to Sublandlord all keys and keycards to the Premises and/or the Building.
(a) If Subtenant is permitted, equipmentwith consent of Sublandlord and the Prime Landlord, to construct or install any Alterations in the Premises, Subtenant shall, upon expiration or early termination of the Term of this Sublease, at its sole cost and Tenant-Owned expense, cause all such Alterations to be removed and Utility Installationsall portions of the Premises restored substantially to their condition prior to the installation of such Alterations, as well as unless Sublandlord and Prime Landlord give specific consent to Subtenant that specified Alterations designated in such consent may remain, in which case such Alterations shall become a part of and shall remain upon the removal of any storage tank Premises upon such expiration or early termination without compensation, allowance, or credit to Subtenant.
(b) Subtenant shall also at its expense remove, whether or not so designated at the time consent is given, all voice and data systems and related cabling and wiring and all security systems and devices installed by or for Tenantit at the Premises, unless and to the removalextent that the Prime Landlord otherwise agrees in writing. After any such removal in accordance with the foregoing, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Requirements and/or good practice. Tenant’s Trade Fixtures Subtenant shall remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the Premises per in a good and workmanlike manner.
(c) If the Prime Landlord requires removal of any Alterations, as provided in this Section 16 and Subtenant does not cause such removal in accordance with this Section 16, Sublandlord may, at Subtenant’s expense, remove the same (and repair any damage occasioned thereby) and dispose of the same, or at its election, deliver the same to any other place of business of Subtenant, or warehouse the same. Subtenant shall pay the costs of such removal, repair, delivery and warehousing on demand and shall hold harmless and defend Sublandlord from any cost or expense it incurs due to Subtenant’s breach of this Section 16.2(c).
(d) If Sublandlord is required under or pursuant to the terms of the Prime Lease to remove any Alterations performed by Sublandlord prior to the Expiration Date under the Prime Lease. Any Trade Fixtures, Alterations and/or Utility Installations not removed upon Subtenant shall permit Sublandlord to enter the Premises for a reasonable period of time prior to the expiration of this Lease or upon the early termination Sublease for the purpose of Tenantremoving Sublandlord’s right to occupy Alterations and restoring the Premises shall be deemed abandoned as required. The terms and may be disposed provisions of by Landlord, as Landlord may determine appropriate, without further notice to Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the costs of repairing any damage to the Premises caused by removal of such items. Tenant’s obligation hereunder this Section 16 shall survive the termination or expiration or other termination of the Lease or the early termination of Tenant’s right to occupy the Premisesthis Sublease.
Appears in 1 contract