Surrender/Restoration. Tenant shall surrender the Premises by the Expiration Date or any earlier termination date, 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, normal wear and tear excepted. Tenant shall perform all restorations, replacements or renewals required to deliver the Premises and all improvements thereon or a part thereof to Landlord in good order, condition and state of repair, normal wear and tear excepted. Tenant shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Tenant Owned Alterations or Utility Installations, furnishings, and equipment 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 groundwater contaminated by Tenant. Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant. Any personal property of Tenant not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Tenant and may be disposed of or retained by Landlord as Landlord may desire. The failure by Tenant to timely vacate the Premises pursuant to this Section 7.4(c) without the express written consent of Landlord shall constitute a holdover under the provisions of Section 17.9 below.
Appears in 3 contracts
Samples: Commercial Lease Agreement (ImmunityBio, Inc.), Commercial Lease (NantKwest, Inc.), Commercial Lease (NantKwest, Inc.)
Surrender/Restoration. Tenant Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, 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, normal ordinary wear and tear excepted. Tenant "Ordinary wear and tear" shall perform all restorationsnot include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, replacements if this Lease is for 12 months or renewals required to deliver less, then Lessee shall surrender the Premises and all improvements thereon or a part thereof in the same condition as delivered to Landlord in good order, condition and state of repair, normal Lessee on the Start Date with NO allowance for ordinary wear and tear exceptedtear. Tenant Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Tenant Owned Lessee owned Alterations or and/or Utility Installationsinstallations, furnishings, and equipment as well as the removal of any storage tank installed by or for TenantLessee. Lessee shall also remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, and (except Hazardous Substances which were deposited via underground migration from areas outside of the removal, replacement, or remediation of any soil, material or groundwater contaminated by TenantPremises) to the level specified in Applicable Requirements. Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by TenantLessee. Any personal property of Tenant Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Tenant Lessee and may be disposed of or retained by Landlord Lessor as Landlord Lessor may desire. The failure by Tenant Lessee to timely vacate the Premises pursuant to this Section 7.4(cParagraph 6.4(c) without the express written consent of Landlord Lessor shall constitute a holdover under the provisions of Section 17.9 Paragraph 26 below.
Appears in 2 contracts
Samples: www.sec.gov, Zoned Properties, Inc.
Surrender/Restoration. Tenant Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, 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, normal ordinary wear and tear and damage caused by Lessor excepted. Tenant “Ordinary wear and tear” shall perform all restorationsnot include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, replacements or renewals required to deliver if the Lessee occupies the Premises and all improvements thereon for 12 months or a part thereof less, then Lessee shall surrender the Premises in the same condition as delivered to Landlord in good order, condition and state of repair, normal Lessee on the Commencement Date with NO allowance for ordinary wear and tear exceptedtear. Tenant Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Tenant Owned Lessee owned Alterations or 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 groundwater contaminated by Tenantthe Premises) to the level specified in Applicable Requirements. Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by TenantLessee. Any personal property of Tenant Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Tenant Lessee and may be disposed of or retained by Landlord Lessor as Landlord Lessor may desire. The failure by Tenant Lessee to timely vacate the Premises pursuant to this Section 7.4(cParagraph 7.3(c) without the express written consent of Landlord Lessor shall constitute a holdover under the provisions of Section 17.9 Paragraph 24 below.
Appears in 2 contracts
Samples: Confidential Treatment (Ascend Wellness Holdings, LLC), Confidential Treatment (Ascend Wellness Holdings, LLC)
Surrender/Restoration. Tenant shall surrender the Leased Premises by the Expiration Date last day of the Term of the Lease or any earlier termination date, with all of the improvements, parts parts, and surfaces thereof broom clean and free of debris, debris and in good operating order, condition and state of repair, normal wear Ordinary Wear and tear Tear excepted. “Ordinary Wear and Tear” shall not include any damage or deterioration which 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 in writing by Landlord, the Leased Premises, when surrendered shall include all Utility Installations. The obligations of Tenant shall perform all restorations, replacements or renewals required to deliver include the Premises and all improvements thereon or a part thereof to Landlord in good order, condition and state repair of repair, normal wear and tear excepted. Tenant shall repair any damage occasioned by the installation, maintenance or removal of Tenant’s Trade Fixtures, Tenant Owned furnishings, equipment and Alterations or and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or of for Tenant, and the removal, replacement, replacement or remediation of any soil, material or groundwater ground water contaminated by Tenant, all as may be then required by Applicable Law and/or good service and practice. Tenant’s Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant subject to Tenant. Any personal property of Tenant not removed on or before ’s obligation to repair and restore the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Tenant and may be disposed of or retained by Landlord as Landlord may desire. The failure by Tenant to timely vacate the Leased Premises pursuant to this Section 7.4(c) without the express written consent of Landlord shall constitute a holdover under the provisions of Section 17.9 belowLease.
Appears in 2 contracts
Samples: 1commercial Lease Agreement (Orange 21 Inc.), Commercial Lease Agreement (Orange 21 Inc.)
Surrender/Restoration. Tenant Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, 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, normal ordinary wear and tear and damage caused by Lessor excepted. Tenant “Ordinary wear and tear” shall perform all restorationsnot include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, replacements or renewals required to deliver if the Lessee occupies the Premises for 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Commencement Certain identified information has been omitted from this exhibit because it is not material and all improvements thereon or a part thereof would likely cause competitive harm to Landlord in good order, condition and state of repair, normal the registrant if publicly disclosed. [***] indicates that information has been omitted. Date with NO allowance for ordinary wear and tear exceptedtear. Tenant Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Tenant Owned Lessee owned Alterations or 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 groundwater contaminated by Tenantthe Premises) to the level specified in Applicable Requirements. Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by TenantLessee. Any personal property of Tenant Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Tenant Lessee and may be disposed of or retained by Landlord Lessor as Landlord Lessor may desire. The failure by Tenant Lessee to timely vacate the Premises pursuant to this Section 7.4(cParagraph 7.3(c) without the express written consent of Landlord Lessor shall constitute a holdover under the provisions of Section 17.9 Paragraph 24 below.
Appears in 2 contracts
Samples: Confidential Treatment Requested Redacted (Ascend Wellness Holdings, LLC), Confidential Treatment Requested Redacted (Ascend Wellness Holdings, LLC)
Surrender/Restoration. Tenant Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, 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, normal ordinary wear and tear excepted. Tenant "Ordinary wear and tear" shall perform all restorationsnot include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing and the provisions of Paragraph 7.1(a), replacements or renewals required to deliver if the Lessee occupies the Premises and all improvements thereon for 12 months or a part thereof less, then Lessee shall surrender the Premises in the same condition as delivered to Landlord in good order, condition and state of repair, normal Lessee on the Start Date with NO allowance for ordinary wear and tear exceptedtear. Tenant Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Tenant Owned Lessee owned Alterations or 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 or groundwater contaminated by Tenantthe Premises) to the level specified in Applicable Requirements. Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by TenantLessee. Any personal property of Tenant Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Tenant Lessee and may be disposed of or retained by Landlord Lessor as Landlord Lessor may desire. The failure by Tenant Lessee to timely vacate the Premises pursuant to this Section Paragraph 7.4(c) without the express written consent of Landlord Lessor shall constitute a holdover under the provisions of Section 17.9 Paragraph 26 below.
Appears in 1 contract
Samples: migcres.com
Surrender/Restoration. Tenant Lessee shall surrender the Premises by the Expiration Date end of the last day of the Lease term 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, normal ordinary wear and tear excepted. Tenant "ORDINARY WEAR AND TEAR" shall perform not include any damage or deterioration that would have been prevented by good maintenance practice or by Lessee performing all restorationsof its obligations under this Lease. Except as otherwise agreed or specified in writing by Lessor, replacements or renewals required to deliver the Premises and all improvements thereon or a part thereof to Landlord in good orderPremises, condition and state as surrendered, shall include the Utility Installations. The obligation of repair, normal wear and tear excepted. Tenant Lessee shall include the repair of any damage occasioned by the installation, maintenance or removal of Lessee's Trade Fixtures, Tenant Owned furnishings, equipment, and Alterations or and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for TenantLessee, and the removal, replacement, or remediation of any soil, material or groundwater ground water contaminated by TenantLessee, all as may then be required by Applicable Law and/or good service practice. Lessee's Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by Tenant. Any personal property of Tenant not removed on or before the Expiration Date or any earlier termination date shall be deemed Lessee subject to have been abandoned by Tenant its obligation to repair and may be disposed of or retained by Landlord as Landlord may desire. The failure by Tenant to timely vacate restore the Premises pursuant to per this Section 7.4(cLease. LESSOR, AT THE TIME LESSEE SUBMITS LESSEE'S TENANT IMPROVEMENT PLANS FOR LESSOR'S APPROVAL, SHALL NOTICE LESSEE IN WRITING WITHIN TEN (10) without the express written consent of Landlord shall constitute a holdover under the provisions of Section 17.9 belowDAYS OF LESSOR'S RECEIPT OF SAID TENANT IMPROVEMENT PLANS AS TO WHETHER SUCH IMPROVEMENTS MUST BE REMOVED BY LESSEE AT THE EXPIRATION OF THE LEASE OR ANY EXTENSION THERETO.
Appears in 1 contract
Samples: Tomahawk Corp
Surrender/Restoration. Tenant Subject to Paragraph 7.4(b), above, Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, specifically excluding any refrigeration units or other equipment, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, normal ordinary wear and tear excepted. Tenant shall perform all restorations, replacements or renewals required to deliver the Premises and all improvements thereon or a part thereof to Landlord in good order, condition and state of repair, normal "Ordinary wear and tear exceptedtear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Tenant Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Tenant Lessee Owned Alterations or and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for TenantLessee, and the removal, replacement, or remediation of any soil, material or groundwater contaminated by TenantLessee. Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by Tenant. Any personal property of Tenant not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Tenant and may be disposed of or retained by Landlord as Landlord may desireLessee. The failure by Tenant Lessee to timely vacate the Premises pursuant to and return the Premises in the condition required by this Section 7.4(c) Lease without the express written consent of Landlord Lessor shall constitute a holdover under the provisions of Section 17.9 Paragraph 26 below.. Initials ___ ___
Appears in 1 contract
Samples: Overhill Farms Inc
Surrender/Restoration. Tenant shall surrender the Premises by the Expiration Date or any earlier termination date, 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, normal wear and tear excepted. Tenant shall perform all restorations, replacements or renewals required to deliver the Premises and all improvements thereon or a part thereof to Landlord in good order, condition and state of repair, normal wear and tear excepted. Tenant shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Tenant Owned Alterations or Utility Installations, furnishings, and equipment 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 groundwater contaminated by Tenant. Trade Fixtures shall remain the property of Tenant and shall be removed by Tenant. Any personal property of Tenant not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Tenant and may be disposed of or retained by Landlord as Landlord may desireat Landlord’s sole discretion. The failure by Tenant to timely vacate the Premises pursuant to this Section 7.4(c) without the express written consent of Landlord shall constitute a holdover under the provisions of Section 17.9 below.
Appears in 1 contract
Samples: Commercial Lease (NantKwest, Inc.)
Surrender/Restoration. Tenant Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, 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, normal ordinary wear and tear and casualty damage for which Lessee has no responsibility under the terms of this Lease excepted. Tenant shall perform all restorations, replacements or renewals required to deliver the Premises and all improvements thereon or a part thereof to Landlord in good order, condition and state of repair, normal "Ordinary wear and tear exceptedtear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Tenant Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Tenant Lessee Owned Alterations or and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for TenantLessee, and the removal, replacement, or remediation of any soil, material or groundwater contaminated by TenantLessee. Trade Fixtures shall remain the property of Tenant Lessee and shall be removed by Tenant. Any personal property of Tenant not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Tenant and may be disposed of or retained by Landlord as Landlord may desireLessee. The failure by Tenant Lessee to timely vacate the Premises pursuant to this Section Paragraph 7.4(c) without the express written consent of Landlord Lessor shall constitute a holdover under the provisions of Section 17.9 Paragraph 26 below.. Notwithstanding anything else herein to the contrary, "ordinary wear and tear" shall not include any condition which results in, or the fact of, failure of any building system (including, without limitation, the HVAC, plumbing, electrical, load levelers, and similar items) to operate effectively for the purpose for which it was intended. Lessee fully understands that its surrender obligations shall be performed on or prior to he Expiration Date or earlier termination of the Lease. In the event that the Premises are left in a condition at such time which does not comply with the terms and conditions hereof, Lessor shall be entitled to treat Lessee as a holdover tenant, on
Appears in 1 contract
Samples: Converse Inc