Surrender. On the last day of the Term of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher. 9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date. 00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant. 11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On Tenant agrees that on the last day of the Term Term, or on the sooner termination of this Lease, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls cleaned and repaired, any carpets cleaned, and all floors cleaned, and (b) otherwise in accordance with Paragraph 32(e). Normal wear and tear shall not include any damage or upon deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined), including Tenant’s wiring and cabling installed in the Premises by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time Tenant prior to surrender and during Tenant’s occupancy, and Tenant’s signage from the Premises and the Building and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations and to repair any damage caused by such removal; provided that Landlord notified Tenant, at the time Landlord consented such Alterations in accordance with Paragraph 12, that Landlord would require removal of any Alterations at the end of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by TenantTerm. Any property of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations, except those which Landlord requires Tenant to remove, shall remain in the Premises as the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender.
22.1 Tenant shall on the last day of the Lease Term or on the sooner termination of this Lease peaceably and quietly surrender and yield up to Landlord the entire Premises including any Work, free and clear of all letting, subleases, occupancies, security agreements, liens or encumbrances (excepting only those which Landlord has specifically consented to remain in effect following the expiration of the Lease Term) in good order and condition, reasonable wear and tear excepted, and subject to the provisions of Articles 17 and 18 hereof.
22.2 On the last day of the Lease Term or on the date of the sooner termination of this Lease, or upon the sooner termination thereofprovided no Event of Default by Tenant then exists, Tenant shall peaceably and quietly surrender have the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures right to remove its movable personal property (other than trade fixtures) which may be made or installed by Tenant upon but excluding the Leased Premises shall remain the personal property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of leased to Tenant pursuant to this Lease, whether by ) and trade fixtures provided Tenant repairs any damage to the lapse Premises resulting from the removal of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenantsame. Any property not so removed by Tenant prior to the expiration of the Lease Term shall be deemed abandoned and shall become the property may be appropriated, sold, destroyed or otherwise disposed of Landlord; provided, that the by Landlord shall have the option without Notice to effect said removals Tenant and without obligation to account therefor and Tenant shall pay Landlordto Landlord upon demand all costs and actual out-of- pocket third party costs and expenses incurred by Landlord in removing, on demandstoring or disposing of same and in restoring the Premises.
22.3 If any subtenant of Tenant or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises or any part thereof at the expiration or earlier termination of the Lease Term, the cost thereofsame shall constitute a "holding over" by Tenant.
22.4 Tenant agrees it shall indemnify and save Landlord harmless against all costs, with interest at claims, loss or liability resulting from delay by Xxxxxx in surrendering the rate Premises upon expiration or sooner termination of ten the Lease Term, including, without limitation, any claims made by any succeeding tenant founded on such delay, but excluding any delays arising from the gross negligence or willful misconduct of Landlord. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Premises will be substantial, will exceed the amount of monthly Annual Rent and Additional Rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within two (10%2) percent per annum from days after the date of such demand by Landlord, the expiration or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions sooner termination of the Lease Term, then Tenant will pay Landlord as liquidated damages (i) for each of the first two (2) months during which Xxxxxx holds over in the Premises after expiration or sooner termination of the Lease Term, a sum equal to one and one- half (1 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term, and (ii) for the period thereafter during which Xxxxxx holds over in the Premises after expiration or sooner termination of the Lease Term, a sum per month equal to two and one-half (2 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term.
22.5 Tenant's obligations under this Article 22 shall remain in full force and effect and are not modified by survive the expiration or earlier termination of this First AmendmentLease.
Appears in 1 contract
Samples: Coliseum Lease
Surrender. On Upon the last day expiration or other termination of the Term, Tenant will immediately vacate and surrender possession of the Premises in good order, repair and condition, except for ordinary wear and tear. Upon the expiration or other termination of the Term, Tenant agrees to remove (a) all changes, additions and improvements to the Premises the removal of which Landlord requested or approved according to Section 7.1 at the time Landlord consented to their installation, (b) any security system installed on extended pursuant to Section 5.4(b); (c) all of Tenant’s Specialized Equipment (as defined in Section 7.1), and (d) all of Tenant’s trade fixtures, office furniture, office equipment and other personal property. Tenant will pay Landlord on demand the cost of repairing any damage to the Premises, Building and/or Project caused by the installation or removal of any such items. Notwithstanding the foregoing, (i) Tenant may not unilaterally terminate this Lease prior to the expiration of the Term and (ii) Tenant will be responsible for removing all Telecom Equipment at the expiration or earlier termination of the Term in accordance with Section 26.9 below. Any of Tenant’s property remaining in the Premises after the expiration or earlier termination of the Term will be conclusively deemed to have been abandoned by Tenant and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without notice or obligation to account to or compensate Tenant, and Tenant will pay Landlord on demand all costs incurred by Landlord relating to such abandoned property. Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease and no surrender of possession of the Premises by Tenant will limit Tenant’s liability under this Lease. No act or thing done by Landlord or Landlord’s agents during the Term of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may Lease will be made or installed by Tenant upon the Leased Premises shall remain the property deemed an acceptance of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixturesPremises, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand unless in writing signed by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as The delivery of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements keys to the Expansion Area are described on Exhibit C attached hereto and have been approved by an employee or agent of Landlord and Tenant.
11. Except will not operate as amended by a termination of this First Amendment, all other terms and conditions Lease or a surrender of the Lease shall remain in full force and effect and are not modified by this First AmendmentPremises.
Appears in 1 contract
Samples: Lease Agreement (Singulex Inc)
Surrender. On the last day of the Term Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon to Landlord in good order, the same condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury when received at the termination of the Term inception of this Lease, whether by subject to ordinary wear and tear. All Alterations and the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender Tenant Improvements shall become a part of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations or the Tenant Improvements, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations and the Tenant Improvements designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense. Failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; providedupon the expiration or earlier termination of this Lease, that Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord shall have may store the option to effect said removals same at Tenant's expense (and Tenant shall pay Landlord, on demand, Landlord the cost thereofthereof upon demand), or appropriate the same for itself, and/or sell the same in its discretion, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease no liability to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On the last day of the Term of this Lease, Expiration Date or upon the sooner termination thereofof this Sublease, Tenant shall peaceably Subtenant shall, at its sole cost and quietly surrender expense, quit, surrender, vacate and deliver the Leased Sublease Premises to Sublandlord 'broom clean' and all improvements thereon in good order, condition and repair, reasonable repair except for ordinary wear and tear, casualty tear and damage caused by Landlord fire or Landlord's agents, employees or contractors exceptedother casualty. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon Subject to the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination terms of the Term of this Prime Lease, whether by Subtenant shall retain title to, including the lapse of time or otherwise, all without compensation or credit right to Tenant. At remove from the Sublease Premises at any time prior to surrender of during the Leased Premises the Tenant may remove all Term hereof, any movable trade fixtures, personal property, equipment, wiring, cabling and signs fixtures or equipment paid for and installed by TenantSubtenant (without contribution by either Sublandlord or Prime Landlord) used in Subtenant's business which are not necessary for the structural integrity of the Silicones Building or the operation of any building, mechanical or utility systems or equipment. Upon the expiration or sooner termination of this Sublease, Subtenant shall, at its sole cost and expense, remove all personal property and any movable trade fixtures or equipment belonging to Subtenant which it is permitted to move pursuant to this Section, provided, however, that in each instance Subtenant repairs any damage to the Sublease Premises or the Silicones Building due to the installation or removal of such property. Any trade fixtures, equipment or other property not so removed of Subtenant remaining at the Sublease Premises after the expiration of this Sublease shall be deemed abandoned and may be removed or otherwise disposed of by Sublandlord without any notice, liability or obligation to Subtenant, but Subtenant shall become the property of Landlord; provided, that the Landlord shall have the option remain liable to effect said removals and Tenant shall pay Landlord, on demand, reimburse Sublandlord for the cost thereofof performing any such work, with interest at the rate of said reimbursement to be made within ten (10%) percent per annum days after Sublandlord submits bills therefor. Subtenant agrees to indemnify, defend and save Sublandlord harmless from and against any and all loss, cost, expense or liability resulting from the date of such demand by Landlordfailure of, or the prime interest rate established delay by, Subtenant in so surrendering the Sublease Premises, including,without limitation, any claims made by the U.S. Bank, N.A., Madison, Wisconsin, Prime Landlord or its successors any succeeding Subtenant founded on such failure or assigns, whichever is higherdelay.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On the last day of the Term of this Lease, Expiration Date or upon the sooner termination thereofhereof upon a day other than the Expiration Date, Tenant shall peaceably and quietly surrender the Leased Demised Premises and all improvements thereon in good order, condition and repair, repair (reasonable wear and teartear and insured and condemnation damage excepted); warehouse area in broomclean condition; office/restroom area vacuumed and cleaned. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, casualty Tenant shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring installed by Tenant within the Demised Premises (hereinafter “Tenant Wiring”) shall be removed at Tenant’s cost at the expiration of the Term, unless Landlord has specifically requested in writing that said Tenant Wiring shall remain, whereupon said Tenant Wiring shall be surrendered with the Demised Premises as Landlord’s property. Any damage caused in the removal of such items shall be repaired by Landlord or Landlord's agents, employees or contractors exceptedTenant and at its expense. AlterationsAll alterations, additions, improvements and fixtures (other than trade fixtures) which may be shall have been made or installed by Landlord or Tenant upon the Leased Demised Premises shall remain the property of Landlord and all floor covering so installed shall remain upon and be surrendered with the Leased Demised Premises as a part thereof, without disturbance, molestation or injury injury, and without charge, at the expiration or termination of this Lease except any such items identified under Article 14.0 hereof. If the Term of this Lease, whether by Demised Premises are not surrendered on the lapse of time Expiration Date or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of termination, Tenant shall indemnify Landlord against loss or liability, claims, without limitation, made by any succeeding Tenant founded on such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9delay. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans Tenant shall promptly surrender all keys for the Tenant's Improvements Demised Premises to Landlord at the Expansion Area are described place then fixed for payment of rent and shall inform Landlord of combinations of any locks and safes on Exhibit C attached hereto and have been approved by Landlord and Tenantthe Demised Premises.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On the last day Upon termination of the Term or Tenant’s right to possession of this Lease, or upon the sooner termination thereofPremises, Tenant shall peaceably and quietly surrender return the Leased Premises and all improvements thereon to Landlord in good orderorder and condition, condition and repair, reasonable ordinary wear and tear, damage by fire or other casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. AlterationsIf, additionsin connection with the approval of plans for any alterations, improvements Landlord notifies Tenant in accordance with Section 12 that Landlord requires Tenant to remove any of such alterations, then at Landlord’s request, Tenant shall remove the applicable alterations, and fixtures the removal shall be done in a good and workmanlike manner, and upon the removal Tenant shall restore the Premises to its condition prior to the installation of such alterations (as the case may be), in each case on or before the expiration of the Term or Tenant’s right to possession. Tenant shall not, however, be obligated to remove the Tenant Improvements (as defined in the Workletter Agreement) or any associated telephone, data and power wiring and cabling at the expiration or earlier termination of the Term. If Tenant does not remove the applicable alterations on or before the expiration of the Term or termination of Tenant’s right to possession, then Landlord, without limiting any other rights or remedies available to Landlord, may remove the same and restore the Premises, and Tenant shall pay the reasonable cost of the removal and restoration to Landlord within thirty (30) days following Landlord’s written demand. Notwithstanding the foregoing, it is understood and agreed that Tenant shall remove its FF&E (other than any associated telephone, data and power wiring and cabling installed in connection with the Tenant Improvements) from the Premises prior to termination of the Term or Tenant’s right to possession of the Premises. As used herein, the term “FF&E” shall mean all of Tenant’s furniture, equipment, trade fixtures) , and all other items of non-affixed personal property and associated telephone, data and power wiring and cabling from time to time within the Premises, including without limitation, the categories of items listed in EXHIBIT I attached to this Lease. On or about the Commencement Date, Landlord and Tenant shall prepare and agree upon an updated list of the FF&E within the Premises, which may shall be made or installed insured by Tenant under this Lease and shall be removed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination expiration of the Term or Tenant’s right of this Leasepossession. If Tenant does not remove the FF&E (other than cabling and wiring as described above), whether by Tenant shall be conclusively presumed to have conveyed the lapse of time or otherwise, all same to Landlord without compensation further payment or credit by Landlord to Tenant. At , or at Landlord’s sole option and without limiting any time prior other rights or remedies available to surrender of Landlord, the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed items shall be deemed abandoned abandoned, in which event Landlord may cause the items to be removed and disposed of at Tenant’s expense, which shall become the property be Landlord’s reasonable cost of Landlord; provided, that the removal (less any net proceeds received by Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlordsale thereof), or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease without notice to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements Tenant and without obligation to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and compensate Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Office Lease (Houghton Mifflin Co)
Surrender. On At the last day expiration of the Term or earlier termination of this Lease, or upon without the sooner termination thereofrequirement of any notice, Tenant shall peaceably and quietly surrender the Leased Premises including all alterations and additions thereto and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part replacements thereof, without disturbanceincluding carpeting, molestation any water or injury at electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and (which shall become the property of Landlord; provided) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord's approval for such alterations and additions (other than cabling, which Tenant shall always be required to remove on or before the day that is fifteen (15) Business Days after the Landlord shall have the option to effect said removals expiration or earlier termination of this Lease), and Tenant shall pay Landlordleave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, on demandsubject to reasonable wear and tear. Tenant shall, the cost thereof, with interest at the rate time of termination, remove the goods, effects and trade fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and trade fixtures within ten (10%) percent per annum from the date of such demand days after notice by Landlord, or the prime interest rate established same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant's expense. In the U.S. Bankevent that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, N.A.without notice, Madisonstore Tenant's personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, Wisconsinif Landlord so elects, or its successors or assigns, whichever is higher.
9. All references Landlord may sell such personal property in accordance with the Lease previous sentence and apply the net proceeds to the Communications Room are deleted effective as earliest of the Effective Dateinstallments of Rent or other charges owing Landlord.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Office Lease (Mac-Gray Corp)
Surrender. On Tenant shall, at the last day end of the Term term of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of --------- this Lease, whether by the lapse of time termination or expiration, and with respect to any areas which are vacated by Tenant due to any partial termination hereof or otherwise, all without compensation surrender the Premises in broom clean condition free of any waste or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed damage caused by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereofIn addition, with interest respect to any portions of the Premises that were altered or re-configured by Tenant following the Commencement Date, with Landlord's approval thereof conditioned, pursuant to section 7.1 hereof, upon such portion being altered, remodeled or restored, ----------- upon surrender, Landlord may require such portions of the Premises to either, at the rate of ten Tenant's election, (10%i) percent per annum from the date of such demand be altered and remodeled by Tenant to a white box, marketable condition reasonably agreed to by Landlord, or (ii) be restored to the prime interest rate established condition of the Premises on the Commencement Date of this Lease. If Tenant has constructed any buildings or other improvements on the Property following the Commencement Date, Landlord shall accept such improvements and buildings upon surrender, unless Landlord conditioned its approval for any such improvements or buildings pursuant to section 7.1(a) -------------- hereof upon retrofit or removal at the end of the term in which case Landlord may require Tenant to either, at Tenant's election, (i) reasonably modify non-marketable components of such building or improvements as specified by Landlord, (ii) raze the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references building (in the Lease case of a building constructed by Tenant) or remove such improvements (in the case of other improvements), clear all debris, render the site safe and sightly, provide documentation reasonably required by Landlord that the subject area is in compliance with all laws, and, to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the extent reasonably possible, restore any prior landscaping, sod, parking areas, drives or other improvements which existed prior to Tenant's Improvements construction. To the extent any building or other improvement is under construction by Tenant at the time Tenant elects to the Expansion Area are described on Exhibit C attached hereto and have been terminate, Landlord may require Tenant to either, at Tenant's election, (i) complete such construction in accordance with plans reasonably approved by Landlord or (ii) raze the building and improvement, clear all debris, render the site safe and sightly, provide documentation reasonably requested by Landlord that the Premises is in compliance with all laws, and, to the extent reasonably possible, restore any prior landscaping, sod, parking areas, drives or other improvements which existed prior to Tenant.
11's construction. Except as amended by this First AmendmentIf Tenant fails to complete the work required hereunder prior to the effective date of termination, all other terms and conditions then Landlord may elect one or more of the Lease following remedies: (i) obtain an injunction to force Tenant to complete the work; (ii) damages; (iii) specific performance; (iv) perform or complete the work and recover the total reasonable cost thereof, including interest on unpaid amounts as provided for in section 3.4 hereof, from Tenant, or (v) ----------- any other remedy available at law or in equity. If Tenant does not vacate and surrender the Premises upon expiration, termination or other vacation provided for hereunder, Tenant shall remain be a holdover tenant, in full force and effect and are not modified by this First Amendment.which event the provisions of section 2.4 hereof shall apply. -----------
Appears in 1 contract
Samples: Campus Lease (Monsanto Co /New/)
Surrender. On the last day date in which this Lease expires or terminates, Tenant, at its sole cost, shall return possession of the Term Premises to Landlord in accordance with Tenant’s obligations under this Lease, and otherwise in broom clean good condition, ordinary wear and tear and damage by fire or casualty, condemnation and unperformed Landlord obligations excepted. Conditions existing because of Tenant’s failure to perform any of its Maintenance obligations hereunder or as a result of the presence of Hazardous Materials on, in, under or about the Premises, the Property, the Project or other property as a result of the acts or omissions (with respect to omissions, only to the extent in violation of this Lease or Applicable Laws) of Tenant and/or any Tenant Party shall not be deemed “ordinary wear and tear”. On or before the expiration or earlier termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises except as a part thereof, without disturbance, molestation or injury at the termination of the Term of otherwise expressly set forth under this Lease, whether Tenant, at its sole cost, shall remove Tenant’s Property from the Property and repair all damage resulting from such removal and restore the Property and the Project to the condition required in this Lease, subject to Section 13.1 above, unless otherwise expressly agreed to in writing by the lapse parties hereto. If Tenant fails to remove any Tenant’s Property as required hereunder, then Landlord may deem all or any part of time or otherwiseTenant’s Property to be abandoned and, all without compensation or credit at Landlord’s option, title to Tenant’s Property shall vest in Landlord and/or Landlord, at Tenant’s sole cost, may remove and/or dispose of any Tenant’s Property in any manner Landlord deems appropriate. At Tenant shall have no obligation to remove the Landlord Work or any time prior portion thereof or any Alteration except for any specialty Alteration pursuant to surrender Section 13.1. If Tenant does not return possession of the Leased Premises to Landlord in the Tenant may remove all trade fixturescondition required under this Lease, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the then Landlord shall have the option to effect said removals promptly notify Tenant thereof and Tenant shall pay Landlord, on demand, upon demand and presentation of reasonable supporting documentation all reasonable costs incurred by Landlord necessary to put the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references Premises in the Lease to the Communications Room are deleted effective as of the Effective Datecondition required under this Lease.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Single Tenant Triple Net Lease (Prelude Therapeutics Inc)
Surrender. On The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the last day option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the Term expiration or earlier termination of this Lease, or Tenant agrees to peaceably surrender the Premises to Landlord broom clean and in a state of good order, repair and condition, ordinary wear and tear and casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 19) excepted, but in any event with all carpeted areas cleaned, the plumbing, heating, ventilation and air conditioning systems in good working order and all floor areas cleaned, together with all of Tenant's personal property and Alterations (as defined in Paragraph 13) removed from the Premises to the extent required under Paragraph 12 and all damage caused by such removal repaired as required by Paragraph 12. At least thirty (30) days prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the sooner termination thereofPremises and which items Tenant is to remove as well as any repairs Tenant is to make upon surrender of the Premises as required by this Lease. During such thirty (30) day period, Tenant shall peaceably Landlord may, at its option, and quietly surrender at Tenant's sole cost and expense, retain the Leased services of one or more inspectors or consultants to inspect the Premises and all improvements thereon equipment and fixtures located therein to determine if they are in the condition required for proper surrender by Tenant. If any such inspections disclose any deficiencies in the condition of the Premises, Tenant will promptly cause the same to be corrected in a good order, condition and repair, reasonable wear workmanlike manner at Tenant's sole cost and tear, casualty and damage caused by expense prior to the surrender date. The delivery of keys to any employee of Landlord or to Landlord's agents, employees agent or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may any employee thereof alone will not be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as sufficient to constitute a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time Lease or otherwise, all without compensation or credit to Tenant. At any time prior to a surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherPremises.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On the last day of the Term of this LeaseLease Agreement or on the sooner termination thereof in accordance with the terms hereof, Tenant shall peaceably surrender the Premises in a condition consistent with Tenant’s duty to make repairs as provided in Article 9 hereof, reasonable wear and tear and damage from casualty loss excepted. On or before said last day, Tenant shall at its expense remove all of its equipment from the Premises, repairing any damage caused thereby, and any property not removed shall be deemed abandoned. All alterations, additions and fixtures other than Tenant’s trade fixtures, which have been made or installed by either Landlord or Tenant upon the Premises shall remain as Landlord’s property and shall be surrendered with the Premises as a part thereof, or upon shall be removed by Tenant, at the option of Landlord, which option must be exercised in writing at the time such alterations, additions and fixtures are installed, in which event Tenant shall at its expense repair any damage caused thereby. It is specifically agreed that Tenant shall have the right, at Tenant’s option, to surrender and leave in place any and all telephonic, coaxial, ethernet, or other computer, wordprocessing, facsimile, or electronic wiring installed by Tenant within the Premises, at the expiration of the Term. If the Premises are not surrendered at the end of the Term or the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by indemnify Landlord against loss or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed liability resulting from delay by Tenant upon in so surrendering the Leased Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises shall remain to Landlord at the property place then fixed for payment of Landlord rental and shall remain upon inform Landlord of combinations on any locks and be surrendered with safes on the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherPremises.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. SECTION 4.01. On the last day of the Term term hereof or upon any earlier termination of this Leaselease, or upon any re-entry by Sub-sublandlord upon the sooner termination Demised Premises pursuant to Article 19 hereof, Sub-subtenant shall surrender the Demised Premises, together with all fixtures and articles of personal property attached to or used in the operation thereof, Tenant shall peaceably into the possession and quietly surrender use of Sub-sublandlord without delay and, subject to the Leased Premises and all improvements thereon provisions of Section 15.03 hereof, in good order, condition and repair, reasonable wear and teartear excepted, casualty free and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements clear of all lettings and fixtures (occupancies other than subleases permitted by this lease and any existing subleases and free and clear of all liens and encumbrances other than those, if any, permitted by this lease or created or consented to by Sub-sublandlord.
SECTION 4.02. Where furnished by or at the expense of any subtenant, furniture, trade fixturesfixtures and business equipment (not constituting part of the Demised Premises) which may be made removed by such subtenant at or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at prior to the termination of the Term of this Leaseits sublease, whether by the lapse of time or otherwiseprovided, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; providedhowever, that the Landlord shall have removal thereof will not contravene the option to effect said removals and Tenant shall pay Landlord, on demandprovisions of the Ground Lease, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, Mesne Lease or the prime interest rate established by Operating Lease and that Sub-subtenant shall with due diligence, and without expense to Sub-sublandlord, cause the U.S. Bank, N.A., Madison, Wisconsin, or Building to be promptly restored to its successors or assigns, whichever is highercondition prior to such removal and cause any injury due to such removal to be promptly repaired.
9SECTION 4.03. All references in the Lease to the Communications Room are deleted effective as Any personal property of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease Sub-subtenant or any subtenant which shall remain in full force the Building after the termination of this lease or any sublease and effect the removal of Sub-subtenant or such subtenant from the Building, may, at the option of Sub-sublandlord be deemed to have been abandoned by Sub-subtenant or such subtenant and are either may be retained by Sub-sublandlord as its property or be disposed of, without accountability, in such manner as Sub-sublandlord may see fit.
SECTION 4.04. Sub-sublandlord shall not modified be responsible for any loss or damage occurring to any property owned by Sub-subtenant or any subtenant.
SECTION 4.05. The provisions of this First AmendmentArticle 4 shall survive any termination of this lease.
Appears in 1 contract
Surrender. On The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the last day option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the Term expiration or earlier termination of this Lease, or Tenant agrees to peaceably surrender the Premises to Landlord broom clean and in a state of good order, repair and condition, ordinary wear and tear and casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, together with all of Tenant's personal property and Alterations (as defined in Paragraph 13) removed from the Premises to the extent required under Paragraph 13 and all damage caused by such removal repaired as required by Paragraph 13. At least ninety (90) days, prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the sooner termination thereofPremises and which items Tenant is to remove as well as any repairs Tenant is to make upon surrender of the Premises as required by this Lease. During such ninety (90) day period, Tenant shall peaceably Landlord may, at its option, and quietly surrender at Landlord's sole cost and expense, retain the Leased services of one or more inspectors or consultants to inspect the Premises and all improvements thereon equipment and fixtures located therein to determine if they are in the condition required for proper surrender by Tenant. If any such inspections disclose any deficiencies in the condition of the Premises, Tenant will promptly cause the same to be corrected in a good order, condition and repair, reasonable wear workmanlike manner at Tenant's sole cost and tear, casualty and damage caused by expense prior to the surrender date. The delivery of keys to any employee of Landlord or to Landlord's agents, employees agent or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may any employee thereof alone will not be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as sufficient to constitute a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time Lease or otherwise, all without compensation or credit to Tenant. At any time prior to a surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherPremises.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Standard Industrial/Commercial Lease (Axsys Technologies Inc)
Surrender. On the last day No act by Landlord shall be deemed an acceptance of a surrender of the Term Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the expiration or earlier termination of this Lease, or upon the sooner termination thereof, Tenant shall agrees to peaceably and quietly surrender the Leased Premises and all improvements thereon therein to Landlord broom clean and in a state of good order, condition repair and repaircondition, reasonable ordinary wear and teartear and casualty damage not caused by Tenant (if this Lease is terminated as a result thereof pursuant to Paragraph 16.5) excepted, casualty but in any event with the plumbing, heating, ventilation and air conditioning systems in good working order, together with all of Tenant’s personal property removed from the Premises (except as Landlord may elect as hereinafter provided) and all damage caused by such removal repaired as required by Paragraph 9. At least ninety (90) days prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements notice of the exact date Tenant will surrender the Premises so that Landlord and fixtures (other than trade fixtures) Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify personal property which may be made or installed by Tenant are to remain upon the Leased Premises shall remain the property of Landlord and shall remain which are to be removed by Tenant, as well as any repairs Tenant is to make upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises as required by this Lease. During such ninety (90) day period, Landlord may, at its option, and at Landlord’s sole cost and expense, retain the Tenant may remove services of one or more inspectors or consultants to inspect the Premises and all trade fixtures, personal property, equipment, wiring, cabling equipment and signs paid fixtures located therein to determine if they are in the condition required for and installed proper surrender by Tenant. Any If any such inspections disclose any material deficiencies in the condition of the Premises from that required above, Tenant will promptly cause the same to be corrected in a good and workmanlike manner at Tenant’s sole cost and expense prior to the surrender date. The delivery of keys to any employee of Landlord or to Landlord’s agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease or a surrender of the Premises. All personal property and fixtures of Tenant not so removed shall shall, to the extent permitted under applicable Laws, be deemed to have been abandoned by Tenant and shall become the property of Landlord; providedmay be appropriated, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlordsold, on demandstored, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlorddestroyed, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as otherwise disposed of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord without notice to Tenant and Tenantwithout any obligation to account for such items.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Office Lease (Zones Inc)
Surrender. On The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the last day option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the Term expiration or earlier termination of this Lease, or upon the sooner termination thereof, Tenant shall agrees to peaceably and quietly surrender the Leased Premises to Landlord broom clean and, in the case of all warehouse floors, scrubbed clean (to remove all oil, grease and all improvements thereon other debris) and in a state of good order, condition repair and repaircondition, reasonable ordinary wear and teartear and casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, casualty with all of Tenant’s personal property and Alterations (as defined in Paragraph 13) removed from the Premises to the extent required under Paragraph 13 and all damage caused by Landlord or such removal repaired as required by Paragraph 13. In addition, unless otherwise agreed to in writing by Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation expiration or injury at the earlier termination of the Term of this Lease, whether by the lapse of time or otherwiseTenant shall, all without compensation or credit to at Tenant. At any time prior to surrender of the Leased Premises the Tenant may ’s sole cost and expense, (i) remove all trade fixtures, personal property, equipment, wiring, computer and telephone wiring and cabling installed in the Premises by or for Tenant and signs paid for and installed (ii) repair any damage caused by Tenantsuch removal. Any property If any such wiring and/or cabling is not so removed shall be deemed abandoned and pursuant to this Subparagraph 11(a), then at Landlord’s option, either such wiring and/or cabling shall become the property of Landlord (without payment by Landlord) or Landlord may remove such wiring and/or cabling at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease or applicable law). At least sixty (60) days prior to the date Tenant is to actually surrender the Premises to Landlord, Landlord shall notify Tenant in writing as to which Tenant Improvements and Alterations are to be removed by Tenant, as well as any repairs Tenant is to make upon surrender of the Premises; provided, that the Landlord shall have the option to effect said removals and however, Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references not be required to remove any improvements in the Lease to the Communications Room are deleted effective Premises existing as of the Effective Date.
00Commencement Date or with respect to which Landlord has elected that Tenant shall not be required to remove under Subparagraph 13(e). Xxxxx Plans for the Tenant's Improvements The delivery of keys to the Expansion Area are described on Exhibit C attached hereto and have been approved by any employee of Landlord and Tenant.
11. Except as amended by or to Landlord’s agent or any employee thereof alone will not be sufficient to constitute a termination of this First Amendment, all other terms and conditions Lease or a surrender of the Lease shall remain in full force and effect and are not modified by this First AmendmentPremises.
Appears in 1 contract
Surrender. On Upon the last day of the Term expiration or termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon Tenant Improvements and Alterations to Landlord broom-clean and in good ordertheir original condition, condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling located above and below ceilings, in chases and in risers and installed in the Project by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage caused by Landlord such removal. If such removal is not completed before the expiration or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this LeaseTerm, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option right (but no obligation) to effect said removals remove the same, and Tenant shall pay Landlord, Landlord on demand, demand for all costs of removal and storage thereof. Landlord shall also have the cost thereof, with interest at right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the rate of property within ten (10%) percent per annum days after notice from the date of Landlord (in which event title to all such demand by property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, disposition of any such property. Upon expiration or its successors termination of this Lease or assignsof Tenant's possession, whichever is higher.
9. All references earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Lease to the Communications Room are deleted effective as of the Effective Date.
00Premises. Xxxxx Plans for the Tenant's Improvements to obligations under this Section shall survive the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenantexpiration or termination of this Lease.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (3do Co)
Surrender. On Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior and exterior walls repainted and repaired, and all floors cleaned and waxed and on the last day of the Term Tenant shall also pay to Landlord a cash payment in the amount of 50% of the cost of the carpets installed in the Premises by Tenant as part of its Tenant Improvements (and Tenant shall provide to Landlord evidence of such amount within thirty (30) days after completion of the Tenant Improvements)(provided, that if Tenant fails to make such payment then Landlord shall be entitled to deduct such amount from any Security Deposit to which Tenant is entitled upon expiration of the Term) and (b) otherwise in accordance with Paragraph 32(e). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, or upon the sooner termination thereof, (i) Tenant shall peaceably remove all of Tenant's Property (as hereinafter defined) and quietly surrender Tenant's signage from the Leased Premises Premises, the Building and all improvements thereon in good order, condition the Project and repair, reasonable wear and tear, casualty and repair any damage caused by such removal, and (ii) Landlord or Landlord's agentsmay, employees or contractors excepted. Alterations, additions, improvements and fixtures by notice to Tenant given not later than ninety (other than trade fixtures90) which may be made or installed by Tenant upon days prior to the Leased Premises shall remain Expiration Date (except in the property event of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time Lease prior to surrender of the Leased Premises the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant may at Tenant's expense to remove any or all trade fixtures, personal property, equipment, wiring, cabling Alterations and signs paid for and installed to repair any damage caused by Tenantsuch removal. Any property of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All tenant improvements and Alterations except those which Landlord requires Tenant to remove in accordance with Landlord's rights set forth in this Lease shall remain in the Premises as the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (Broadcom Corp)
Surrender. Section 21.01 On the last day of the Term of this Lease, Termination Date or upon the sooner termination thereofof this Lease or upon any reentry by Landlord pursuant to Article 18 upon the Premises, Tenant shall peaceably shall, at its sole cost and quietly surrender expense, quit, surrender, vacate and deliver the Leased Premises to Landlord “broom clean” and all improvements thereon in good order, condition and repairrepair except for ordinary wear, reasonable wear and tear, casualty tear and damage caused by fire or other casualty, together with all Tenant Improvements which are not required to be removed at the end of the Term by Tenant under Article 10 and Fixtures and any Tenant Improvements which Tenant has the option to remove but does not in fact remove (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant’s Property, all Tenant Improvements which are required to be removed at the end of the Term under Article 10 and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s Property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been, abandoned and either may be retained by Landlord as its property or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or installed by Tenant upon other personal property or any part thereof shall be sold, Landlord may receive and retain the Leased Premises shall remain proceeds of such sale as the property of Landlord. Any reasonable expense reasonably incurred by Landlord and in removing or disposing of such Tenant’s Property or other personal property shall remain be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 21.02 If the Termination Date or the date of earlier termination of this Lease falls on a day which is not a Business Day, then Tenant’s obligations under Section 21.01 shall be performed on or prior to the immediately preceding Business Day.
Section 21.03 If the Premises are not surrendered upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether Tenant hereby indemnifies Landlord against actual, direct liability to the extent resulting from delay by Tenant in so surrendering the lapse of time Premises, including any claims made by any succeeding tenant or prospective tenant founded upon such delay and any other loss, cost or damage (consequential or otherwise) resulting therefrom, all without compensation or credit subject, however, to Tenant. At any time prior to surrender the provisions of Section 18.07.
Section 21.04 In the event Tenant remains in possession of the Leased Premises after the Tenant may remove all trade fixturestermination of this Lease without Landlord’s consent or the execution of a new lease, personal propertyTenant, equipmentat the option of the Landlord, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become to be occupying the property Premises as a tenant at sufferance, at a per diem rental equal to two hundred (200%) percent of Landlordthe Annual Base Rent on a per diem basis; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost be responsible for any and all direct damages Landlord actually incurs as a result thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in Section 21.05 Tenant’s obligation under this Article shall survive the Lease to the Communications Room are deleted effective as termination of the Effective Datethis Lease.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (Carbonite Inc)
Surrender. On Except as set forth to the last day of contrary herein, within sixty (60) days following the Term expiration or termination of this LeaseAgreement pursuant to Section 8.3 and while continuing to pay rent (the “Equipment Removal Period”), or upon in accordance with the sooner termination thereofterms of this Agreement, Tenant will surrender the Premises to Landlord in a condition similar to that which existed immediately prior to Tenant’s Installation together with any additions alteration and improvements to the Premises, in either case, normal wear and tear excepted. Subject to Section 3.2, Tenant shall peaceably and quietly surrender have the Leased right to access the Premises and or remove any or all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord of Tenant’s Equipment from the Premises at any time during the Term or Landlord's agents, employees or contractors exceptedthe Equipment Removal Period. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury If Tenant’s Equipment is not removed at the termination conclusion of the Term Equipment Removal Period, Tenant will be deemed to be in Hold Over (as defined in Section 7.2 below) until Tenant’s Equipment is removed from the Premises, provided the Hold Over term shall not exceed one hundred twenty (120) days unless otherwise agreed to by both parties in writing. If Tenant fails to remove Tenant’s Equipment within one hundred twenty (120) days following the expiration of this Leasethe Equipment Removal Period, whether or such later period agreed to by the lapse of time or otherwiseParties, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the then Landlord shall have the option – to effect said removals be exercised by prior Notice to Tenant – to declare Tenant’s Equipment abandoned and Landlord may remove and dispose of the Tenant’s Equipment. If Landlord exercises this option, then following at least thirty (30) days written Notice to Tenant (i) Landlord shall take possession and title of the property and dispose of it in a commercially reasonable manner; (ii) the reasonable costs associated with removal and disposition of the property shall be itemized and billed to Tenant at one hundred and twenty-five percent (125%) of its actual documented cost (“Removal Fee”); (iiiv) Tenant shall pay Landlord, on demand, the cost thereof, with interest such Removal Fee within thirty (30) days of such billing; and (iv) Tenant’s obligation to pay rent at the Holdover rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is highershall terminate.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Site Lease Agreement
Surrender. On Sub-subtenant shall, on or before the last day of the Term of this LeaseExpiration Date, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, furniture, trade fixtures and other equipment, wiringprovided that the removal of the same does not adversely affect the Building structure or any Building operating system or is not prohibited by the Master Lease, cabling and signs paid for and installed that Sub-subtenant promptly repairs any damage to the Building structure or its operating systems caused by Tenantsuch removal pursuant to the requirements of the Master Lease. Any property not so removed In the event that Sub-subtenant fails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Sub-subleased Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Sub-subtenant. Sub-subtenant shall become also be responsible for the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlordremoval, on demandor before the Expiration Date, of all alterations as required under the cost thereofMaster Lease installed by Sub-subtenant pursuant to this Sub-sublease and shall be responsible for any associated repair or restoration of the Sub-subleased Premises required under the Master Lease. In all other respects, with interest at Sub-subtenant shall deliver the rate of ten (10%) percent per annum from the date of such demand by LandlordSub-subleased Premises broom clean, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or in its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective condition as of the Effective Commencement Date.
00, reasonable wear and tear and casualty excepted. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions In no event shall Sub-subtenant remove any of the Lease plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Sub-subtenant shall remain in full force vacate and effect deliver possession of the Sub-subleased Premises free of all liens, charges or encumbrances resulting from any act or omission on Sub-subtenant’s part, and are free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Sub-subtenant’s actions or failures to fulfill any of its obligations under this Sub-sublease (“Violations”). Sub-subtenant shall indemnify Sub-sublandlord against any and all loss, expense, damage, costs or attorneys’ fees arising out of Violations occurring any time on or after the Commencement Date. The voluntary or other surrender of this Sub-sublease by Sub-subtenant, or a mutual cancellation thereof, shall not modified automatically terminate any sub-sub-subleases or subsequent tenancies or other agreements by this First Amendmentwhich Sub-subtenant has granted rights to third parties to all or any part of the Sub-subleased Premises, but shall, at the option of Sub-sublandlord, either (1) terminate all or any existing Sub-subleases or Sub-subtenancies or such other agreements, or (2) operate as an assignment to Sub-sublandlord of any or all such reletting or such other agreements.
Appears in 1 contract
Surrender. On Upon the last day expiration or other termination of the Term, Tenant will immediately vacate and surrender possession of the Premises in good order, repair and condition, except for ordinary wear and tear. Upon the expiration or other termination of the Term, Tenant agrees to remove (a) all Tenant Changes to the Premises, the removal of which Landlord requested or approved according to Section 7.2 at the time Landlord consented to their installation, and (b) all of Tenant’s trade fixtures, office furniture, office equipment and other personal property. Tenant will pay Landlord on demand the cost of repairing any damage to the Premises, Building and/or Project caused by the installation or removal of any such items normal wear and tear excepted. Notwithstanding the foregoing, Tenant will be responsible for removing all Telecom Equipment installed by Tenant at the expiration or earlier termination of the Term in accordance with Section 26.9 below. If Tenant fails to surrender the Premises on the expiration or earlier termination of this Lease despite demand to do so by Landlord (including upon the expiration of any subsequent month-to-month tenancy pursuant to Section 15.2 below), with such removal and repair obligations completed, then, in addition to the Landlord’s rights and remedies under Section 7.3 above and the other provisions of this Lease, Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord harmless from all loss or liability including, without limitation, any claims made by any succeeding tenant based thereon, and any attorneys’ fees and other costs of legal proceedings. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease and no surrender of possession of the Premises by Tenant will limit Tenant’s liability under this Lease. No act or thing done by Landlord or Landlord’s agents during the Term of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may Lease will be made or installed by Tenant upon the Leased Premises shall remain the property deemed an acceptance of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixturesPremises, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand unless in writing signed by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as The delivery of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements keys to the Expansion Area are described on Exhibit C attached hereto and have been approved by an employee or agent of Landlord and Tenant.
11. Except will not operate as amended by a termination of this First Amendment, all other terms and conditions Lease or a surrender of the Lease shall remain in full force and effect and are not modified by this First AmendmentPremises.
Appears in 1 contract
Samples: Lease Agreement (Ryland Group Inc)
Surrender. On Upon the last day of the Term expiration of this LeaseSublease, or upon the sooner termination thereofof this Sublease or of Subtenant's right to possession of the Premises, Tenant shall peaceably Subtenant will at once surrender and quietly surrender deliver up the Leased Premises and Premises, together with all improvements thereon thereon, to Sublandlord in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors tear excepted. AlterationsConditions existing because of Subtenant's failure to perform maintenance, additionsrepairs or replacements as required of Subtenant under this Sublease shall not be deemed "reasonable wear and tear". Said Improvements shall include all plumbing, improvements lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (other than trade fixtures) as distinguished from operations incident to the business of Subtenant). Subtenant shall surrender to Sublandlord all keys to the Premises and make known to Sublandlord the explanation of all combination locks which may be made Subtenant is permitted to leave on the Premises. All alterations in or installed by Tenant upon the Leased Premises made by Subtenant shall remain the property become a part of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereofupon such termination without compensation, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation allowance or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; Subtenant provided, however, that the Landlord Sublandlord shall have the option right to effect said removals require Subtenant to remove any Alterations made by Subtenant, or any portion thereof. Said right shall be exercisable by Sublandlord giving written notice thereof to Subtenant on or before a date thirty (30) days prior to such expiration or on or before a date twenty (20) days after such termination. Subtenant shall also remove any Alterations made by Subtenant, or portion thereof, which Landlord may require Sublandlord to remove pursuant to the terms of the Original Lease. In any such event, Subtenant shall restore the Premises to their condition prior to the making of any such Alteration and Tenant shall repair any damage occasioned by such removal or restoration. If Sublandlord or Landlord requires removal of any Alteration made by Subtenant, or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Subtenant, or warehouse the same. Subtenant shall pay Landlordthe costs of such removal, repair, delivery and warehousing on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Sublease (Ion Networks Inc)
Surrender. On Upon the last day expiration of the Term of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the any earlier termination of the Term of this Lease, whether by the lapse of time or otherwiseTenant shall, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may if Landlord so requests, remove all trade fixturesexposed computer, personal telephone and other wiring, cables and equipment and Tenant's property; and tenant shall surrender the Demised Premises to Landlord broom-clean and in good condition, ordinary wear and tear and damage from causes beyond Tenant's reasonable control excepted. In the event of Tenant's failure to so remove such equipment or Tenant's property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option either to effect said removals retain such property without obligation to Tenant or to dispose thereof at Tenant's expense, including a charge of fifty cents per square foot of rentable area for removal of wiring and equipment. If Tenant retains possession of the Demised Premises or any part thereof after the expiration of the Term or earlier termination of the Lease, without Landlord's prior consent, Tenant (without prejudice to any of Landlord's other rights and remedies) shall pay to Landlord, on demanda daily basis, an amount equal to one and one-half (1-1/2) times the cost thereof, with interest at the rate of ten Net Rent stipulated in Section 1.04(a) hereof (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established Net Rent payable during the Extended Term, if any), for the time Tenant thus remains in possession, (i) all reasonable costs and expenses relating to the Building incurred by the U.S. BankLandlord for such period of Tenant's holdover, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9and (ii) all damages sustained by Landlord by reason of Tenant's retention of possession. All references Nothing contained in the Lease shall be construed as a consent by Landlord to the Communications Room are deleted effective as occupancy or possession by Tenant of the Effective Date.
00. Xxxxx Plans for Demised Premises beyond the Tenant's Improvements expiration or prior termination of the Term, and Landlord, upon such expiration or prior termination of the Term shall be entitled to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, benefit of all other terms and conditions legal remedies now in force or hereafter enacted relating to the speedy repossession of the Lease shall remain in full force and effect and are not modified by this First AmendmentDemised Premises.
Appears in 1 contract
Samples: Lease Agreement (Medco Health Corp)
Surrender. On At the last day expiration of the Term of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Leasetenancy created hereunder, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to Xxxxxx shall surrender of the Leased Premises the Tenant may in good condition and repair, and shall remove all trade fixtures, of its personal property, furniture, fixtures, and equipment, wiring, and all cabling and signs paid for and wiring installed by or for Tenant. Any property not so removed In addition, upon the expiration or earlier termination of the tenancy created hereunder, Tenant shall be deemed abandoned completely sanitize the Premises per Washington State Department of Health guidelines for COVID-19. Sanitization of the Premises shall extend to any and shall become all parts thereof, including ventilation systems, and clean-up and/or removal of any hazardous and/or biohazardous substance. Notwithstanding the property provisions of Landlord; providedArticle 42 below, that the for purposes of this Section, “hazardous and/or biohazardous substance” includes any substance or material which because of their quantity, concentration, or physical, chemical, or infectious characteristics may cause or pose a present or potential hazard to human health when improperly handled, treated, stored, transported, disposed of, or otherwise managed. Landlord shall have the option right to effect said removals and elect to require Tenant to remove any or all of Tenant’s Work and/or any of Tenant’s Changes or other alterations, by written notice given to Tenant not later than thirty (30) days before the scheduled Expiration Date hereof. Tenant shall pay comply with the requirements of Exhibit “C” attached hereto at its sole expense, including without limitation the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s personal property, furniture, fixtures, equipment, cabling and wiring, as well as any Tenant’s Work, Tenant’s alterations or Tenant’s Changes that Tenant is hereby required to remove, and the removal of any generators or storage tanks installed by or for Tenant (whether or not the installation was consented to by Landlord), on demandand the removal, replacement, or remediation of any aspect of the cost thereofProperty, with interest at including but not limited to the rate Building, soil, material or ground water contaminated by Tenant’s Permittees, all as may then be required by applicable Laws. At Landlord’s election, Xxxxxxxx shall have the right to perform any or all of Tenant’s obligations under this paragraph, in which event Tenant shall reimburse Landlord’s costs incurred in connection therewith within ten (10%) percent per annum from the date of such days after demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.Landlord.
Appears in 1 contract
Samples: Lease Agreement
Surrender. On Tenant agrees that on the last day of the Term Term, or on the sooner termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord (a) in the same condition received (damage by acts of God, fire, and all improvements thereon in good orderany other casualty, condition and repair, reasonable normal wear and tear, casualty condemnation, and Alterations not required to be removed excepted) and (b) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any damage caused by Landlord or Landlord's agentsdeterioration to the floors of the Premises arising from the use of forklifts in, employees on or contractors excepted. Alterations, additions, improvements and fixtures about the Premises (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereofincluding, without disturbancelimitation, molestation any marks or injury at the termination stains on any portion of the Term floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, whether (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined), and Tenant’s signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, subject to the lapse provisions of time or otherwiseParagraph 12(g) below, all without compensation or credit by notice to Tenant. At any time Tenant given not later than ninety (90) days prior to surrender the Expiration Date (except in the event of a termination of this Lease prior to the Leased Premises the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations that Landlord has not consented to or that Landlord has not informed Tenant may remove all trade fixturesremain in the Premises pursuant to Paragraph 12(g) below, personal property, equipment, wiring, cabling and signs paid for and installed to repair any damage caused by Tenantsuch removal. Any property of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove in accordance with the terms of this Lease shall remain in the Premises as the property of Landlord; provided. Tenant shall not be required to remove or pay for the removal of the Tenant Improvements at the expiration or earlier termination of this Lease. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, that and in accordance with the Landlord provisions of this Paragraph 11 and Paragraph 32(h) below, Tenant shall have continue to be responsible for the option payment of Rent (as the same may be increased pursuant to effect Paragraph 35 below) until the Premises are so surrendered in accordance with said removals Paragraphs, and Tenant shall pay Landlordindemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum or resulting from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease delay and losses to the Communications Room are deleted effective as Landlord due to lost opportunities to lease any portion of the Effective DatePremises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (Alliance Fiber Optic Products Inc)
Surrender. On the last day of the Term Upon expiration or earlier termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon to Landlord in good orderits then improved, condition and repairbroom clean condition, reasonable subject to ordinary wear and tear. Except as otherwise provided herein, casualty all Alterations and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by the Tenant upon the Leased Premises Improvements shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as become a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of LandlordLandlord upon the expiration or earlier termination of this Lease. Tenant shall not be required to remove any Tenant Improvements (other than cabling) completed prior to the Commencement Date. Tenant shall not be required to remove any Alterations from the Premises unless Landlord conditioned its consent upon such removal by written notice to Tenant at the time Landlord first consented to the Alteration. If Landlord conditioned its consent on Tenant’s obligation to remove any Alterations from the Premises, Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; providedupon the expiration or earlier termination of this Lease, that Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord shall have may store the option to effect said removals same at Tenant’s expense (and Tenant shall pay Landlord, on demand, Landlord the cost thereof, with interest at the rate thereof within thirty (30) days of ten (10%demand) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as and thereafter dispose of the Effective Datesame in any manner permitted by applicable Laws.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Office Lease (Capitalsource Inc)
Surrender. On the last day of the Term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors tear excepted. AlterationsAll alterations, additions, and improvements and fixtures (other than business and trade fixtures) fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises or in common areas including business and trade fixtures installed by Tenant pursuant to Section 3.5, shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse elapse of time or otherwise, all without compensation or credit to Tenant. At Tenant shall remove all equipment and personal property and shall repair any time prior damage occasioned by such removal. Tenant may elect to surrender any chemical fume hoods installed and considered in fair condition at the time of surrender within the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by TenantPremises. Any personal property not so removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand removal by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, Bank National Association or its successors or assigns, whichever is higher.
9. All references in The delivery to Landlord at the Lease place then fixed for the payment of rent of the keys to the Communications Room are deleted effective as Leased Premises shall constitute surrender of the Effective Date.
00. Xxxxx Plans for premises by Tenant and acceptance of the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and Tenant.
11. Except as amended by this First Amendment, shall be in addition to all other terms and conditions methods of the Lease shall remain in full force and effect and are not modified by this First Amendmentsurrender.
Appears in 1 contract
Surrender. On the last day of the Term Term, or upon the earlier termination of this Lease, or upon the sooner termination thereofLessee, Tenant shall will peaceably and quietly surrender leave, surrender, and yield to Lessor the Leased Premises, free of all claims, broom clean, in good order and repair, and in condition for continued recreational use, normal wear and tear excepted. Lessee will remove all liens and other encumbrances that have resulted from the acts or omissions of Lessee. If Lessee fails to do any of the foregoing, Lessor, in addition to other remedies available to it at law or in equity, may, without notice, enter upon, reenter, possess and repossess itself thereof by force, summary proceedings, or otherwise and may dispossess and remove Lessee and all persons and property from the Leased Premises and remove any alterations required hereunder to be removed; and Lessee waives any and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord damages or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises claims for damages as a part result thereof. Such dispossession and removal of Lessee will not constitute a waiver by Lessor of any claims by Lessor against Lessee. If Lessee is not in default hereunder, without disturbanceLessee will retain the ownership of all moveable equipment, molestation or injury at the furniture and supplies prior to termination of the Term of this Lease, whether by if Lessee repairs any injury to the lapse of time or otherwiseLeased Premises resulting from such removal. If Lessee does not move such movable equipment, all without compensation or credit to Tenant. At any time furniture and supplies prior to surrender such termination, then, in addition to its remedies at law or in equity, Lessor will have the right to have such items removed and stored or disposed of, and all damage to the Leased Premises resulting therefrom repaired at the cost of Lessee or elect that such movable equipment, furniture and supplies automatically become the property of the Lessor upon termination of this Lease, and Lessee will not have any further right with respect thereto or reimbursement therefor. Lessee will be responsible for, and will pay, any and all costs incurred by Lessor in restoring the condition of the Leased Premises at surrender to that required under the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenantprovisions hereof. Any property not so removed shall be deemed abandoned and shall become The provisions of this Section 2.04 will survive the property expiration or other termination of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherthis Lease.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Ground Lease
Surrender. On the last day of the Term Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon to Landlord in good orderthe same condition as when received at the inception of this Lease as improved according to Exhibit C (or in the case of Expansion Space as unproved according to this Lease), condition and repair, reasonable subject to ordinary wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises All Alterations shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as become a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense. Failure by Tenant to comply strictly with the provisions of this Section 10.5 shall constitute a failure of Tenant to surrender the Premises validly. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, signage, internal cabling, wires or cabling in the risers, access control system components, locksets that are not Building Standard, and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; providedupon the expiration or earlier termination of this Lease, that Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord shall have may store the option to effect said removals same at Tenant's expense (and Tenant shall pay Landlord, on demand, Landlord the cost thereofthereof upon demand), or appropriate the same for itself, or sell the same in its discretion, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease no liability to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Office Lease (Clayton Holdings Inc)
Surrender. On the last day Upon termination of the Term or Tenant's right to possession of this Lease, or upon the sooner termination thereofPremises, Tenant shall peaceably and quietly surrender return the Leased Premises and all improvements thereon to Landlord in good orderorder and condition, condition and repair, reasonable ordinary wear and teardamage by fire or other casualty excepted. If, casualty and damage caused by in connection with the approval of plans for any alterations, Landlord or notifies Tenant in accordance with Section 12 that Landlord requires Tenant to remove any of such alterations, then at Landlord's agentsrequest, employees Tenant shall remove the applicable alterations, and the removal shall be done in a good and workmanlike manner, and upon the removal Tenant shall restore the Premises to its condition prior to the installation of such alterations (as the case may be), in each case on or contractors exceptedbefore the expiration of the Term or Tenant's right to possession. AlterationsTenant shall not, additionshowever, improvements be obligated to remove the Tenant Improvements (as defined in the Workletter Agreement) or any associated telephone, data and fixtures power wiring and cabling at the expiration or earlier termination of the Term. If Tenant does not remove the applicable alterations on or before the expiration of the Term or termination of Tenant's right to possession, then Landlord, without limiting any other rights or remedies available to Landlord, may remove the same and restore the Premises, and Tenant shall pay the reasonable cost of the removal and restoration to Landlord within thirty (30) days following Landlord's written demand. Notwithstanding the foregoing, it is understood and agreed that Tenant shall remove its FF&E (other than any associated telephone, data and power wiring and cabling installed in connection with the Tenant Improvements) from the Premises prior to termination of the Term or Tenant's right to possession of the Premises. As used herein, the term "FF&E" shall mean all of Tenant's furniture, equipment, trade fixtures) , and all other items of non-affixed personal property and associated telephone, data and power wiring and cabling from time to time within the Premises, including without limitation, the categories of items listed in EXHIBIT I attached to this Lease. On or about the Commencement Date, Landlord and Tenant shall prepare and agree upon an updated list of the FF&E within the Premises, which may shall be made or installed insured by Tenant under this Lease and shall be removed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination expiration of the Term or Tenant's right of this Leasepossession. If Tenant does not remove the FF&E (other than cabling and wiring as described above), whether by Tenant shall be conclusively presumed to have conveyed the lapse of time or otherwise, all same to Landlord without compensation further payment or credit by Landlord to Tenant. At , or at Landlord's sole option and without limiting any time prior other rights or remedies available to surrender of Landlord, the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed items shall be deemed abandoned abandoned, in which event Landlord may cause the items to be removed and disposed of at Tenant's expense, which shall become the property be Landlord's reasonable cost of Landlord; provided, that the removal (less any net proceeds received by Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlordsale thereof), or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease without notice to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements Tenant and without obligation to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and compensate Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Office Lease (Houghton Mifflin Co)
Surrender. On Tenant agrees that on the last day of the Term Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted) and in broom clean condition all non-working light bulbs and ballasts replaced and all roll-up doors, docks, dock levelers and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 32(h) of this Lease. Normal wear and tear shall not include any damage or upon deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given at the lapse of time Tenant requests in writing Landlord's consent to a particular Alteration (or otherwise, all without compensation or credit to Tenant. At any time if Tenant does not request such consent in connection with an Alteration performed by Tenant by notice given not later than ninety (90) days prior to surrender the Expiration Date, except in the event of a termination of this Lease prior to the Leased Premises the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant may at Tenant's expense to remove any or all trade fixtures, personal property, equipment, wiring, cabling Alterations and signs paid for and installed to repair any damage caused by Tenantsuch removal. Any property of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On Tenant agrees that on the last day of the Term Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or upon cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by the lapse of time or otherwisesuch removal, all without compensation or credit and (ii) Landlord may, by notice to Tenant. At any time Tenant given not later than ninety (90) days prior to surrender the Expiration Date (except in the event of a termination of this Lease prior to the Leased Premises the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant may at Tenant's expense to remove any or all trade fixtures, personal property, equipment, wiring, cabling Alterations and signs paid for and installed to repair any damage caused by Tenantsuch removal. Any property of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord; provided. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, that and in accordance with the Landlord provisions of this Paragraph 12 and Paragraph 33(h) below, Tenant shall have continue to be responsible for the option payment of Rent (as the same may be increased pursuant to effect Paragraph 36 below) until the Premises are so surrendered in accordance with said removals Paragraphs, and Tenant shall pay Landlordindemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum or resulting from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease delay and losses to the Communications Room are deleted effective as Landlord due to lost opportunities to lease any portion of the Effective DatePremises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (General Magic Inc)
Surrender. On the last day of the Term of this LeaseTerm, or upon on the sooner termination thereof, Tenant shall will peaceably and quietly surrender the Leased Premises in good condition and repair (ordinary wear and tear and damage by casualty excepted), consistent with Tenant's duty to make repairs as herein provided. Tenant will give written notice to Landlord at least 30 days prior to vacating the Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Premises (provided that Tenant's failure to do so will not constitute a default hereunder). On or before the last day of the Term, or the date of sooner termination thereof, Tenant will, at its sole cost and expense, remove all improvements thereon of its personal property and trade fixtures and equipment from the Premises (including, without limitation, Tenant's Property, as defined in Section 3.14, and Tenant's personal property installed on the roof of the Building pursuant to Section 17.1 below) and repair all damage to the Premises caused by such removal. All property not removed will be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant not so removed from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof, nor will Landlord be liable in any manner in respect thereto. Tenant will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation or storage of abandoned property and with respect to restoring such Premises to good order, condition and repair. All modifications, reasonable wear improvements, alterations, additions and tearfixtures, casualty other than Tenant's trade fixtures and damage caused equipment, which have been made or installed by either Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures Tenant upon the Premises (other than trade fixtures) which may be excluding any of the same that were made or installed by Tenant upon the Leased Premises shall and then subsequently removed by Tenant in accordance with Section 9.1), will remain the property of Landlord (in the case of improvements made by Landlord) or become the property of Landlord (in the case of improvements made by Tenant) upon the expiration of the Term and shall remain upon and will be surrendered with the Leased Premises as a part thereof, except that Tenant will, at its expense and prior to the expiration of the Term, remove from the Premises (and repair all damage caused by such removal)
(a) any alterations which required Landlord's consent to make pursuant to Section 9.1 and which Landlord, at the time it gave its consent to such installation, required that Tenant remove at the end of the Term; (b) any alterations which did not require Landlord's consent to make pursuant to Section 9.1 but which are atypical in a distribution center environment and which Landlord requires Tenant to remove by notice delivered within five business days after the joint inspection described above (or, in the event the parties fail to hold such joint inspection, prior to the expiration of the Term); and (c) if applicable, any items required to be removed by Landlord pursuant to Section 2.6. If the Premises are not surrendered promptly at the end of the Term or sooner termination thereof without disturbanceLandlord's written permission to not so surrender the Premises, molestation Tenant will indemnify Landlord against loss or injury liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Tenant will promptly surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and will inform Landlord of combinations on any vaults, locks and safes left on the Premises. Tenant's obligations under this Section 13.1 will survive the termination of the Term of this Lease, whether by the lapse of time Lease or otherwise, all without compensation or credit to Tenant. At any time prior to surrender expiration of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherTerm.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On Upon the last day of the Term expiration or earlier termination of this Lease, Tenant shall repair any damage to and restore the condition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant's Property and shall repair all damage to the Premises, the Building, the Common Area, Property or upon the sooner termination Project caused by the installation or removal of Tenant's Property. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such removal in writing. Notwithstanding anything to the contrary in this Lease, if Tenant installs any HVAC equipment at Tenant’s sole cost and expense (without reimbursement by Landlord pursuant to the HVAC Allowance or otherwise, “Tenant HVAC Equipment”), then Tenant shall have the option by providing thirty (30) days’ prior written notice to Landlord thereof, to remove such Tenant HVAC Equipment on or prior to the expiration or earlier termination of the Lease, so long as sufficient HVAC equipment remains in the Premises (after the removal of such Tenant HVAC Equipment) for a normal and customary tenant to operate the Premises as a normal and customary office premises consistent with similar premises in the county in which the Premises is located, as reasonably determined by Landlord. Tenant shall peaceably and quietly surrender the Leased Premises Premises, together with all keys and all improvements thereon security codes, to Landlord broom clean and in as good ordera condition as when received and generally in the condition described on Exhibit H attached hereto, condition ordinary wear and repairtear and damage by fire or casualty excepted. Conditions existing because of Tenant's failure to perform maintenance, repairs or replacements shall not be deemed “reasonable wear and tear”. If Tenant fails to remove any of Tenant’s Property, casualty and damage caused by Landlord or Landlord's agentsto restore the Premises to the required condition, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the within 2 days after termination of the Term of this LeaseLease or Tenant’s right to possession, whether by the lapse of time or otherwiseLandlord, all without compensation or credit at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant. At any time prior to surrender ’s Property and/or perform such restoration of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by TenantPremises. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have not be responsible for the option to effect said removals and value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, on upon demand, the cost thereof, with interest at the rate of ten (10%) percent per annum expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the date Premises or storage, within 30 days after notice, Landlord may deem all or any part of such demand by Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate. For avoidance of doubt, Tenant shall remove the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references modular systems installed in the Lease to the Communications Room are deleted effective as of the Effective Datelabs and clean rooms.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Miromatrix Medical Inc.)
Surrender. Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant to the Premises shall be the property of Tenant, but shall be considered to be a part of the Premises. Unless Landlord gives Tenant written notice of its election not to become the owner of the Alterations at the end of the term of this Lease, such Alterations shall become the property of Landlord at the end of the term of this Lease. Unless otherwise agreed by Landlord pursuant to Section 13.1 at the time the approval of an Alteration is requested by Tenant, Landlord may require that some or all Alterations be removed prior to the end of the term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense. On the last day of the Term of this Leaseterm hereof, or upon the on any sooner termination thereoftermination, Tenant shall peaceably and quietly surrender the Leased Premises (including, but not limited to, all doors, windows, floors and all improvements thereon floor coverings, skylights, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, electrical systems, lighting facilities, sprinkler systems, fire detection systems and nonstructural elements of the exterior walls and foundation (collectively the "Elements of the Premises")) to Landlord in good orderthe same condition it was in on the Original Premises Commencement Date and the Expansion Premises Commencement Date, condition and repairas applicable, reasonable ordinary wear and tear, casualty damage and damage damages caused by Landlord or Landlordacts of God excepted, clean and free of debris and Tenant's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, trade fixtures and equipment, wiring, . Tenant's personal property shall include all computer wiring and cabling and signs paid for and installed by Tenant. Any property Provided, however, if Landlord has not so removed elected to have Tenant remove the Alterations, Tenant shall leave the Alterations at the Premises in good condition and repair, ordinary wear and tear excepted. Tenant shall repair any damage to the Premises occasioned by the installation or removal of Tenant's trade fixtures, furnishings and equipment. Damage to or deterioration of any Element of the Premises or any other item Tenant is required to repair or maintain at the Premises shall not be deemed abandoned ordinary wear and shall become tear if the property same could have been prevented by good maintenance practices. If the Premises are not surrendered at the expiration of the term or earlier termination of this Lease in accordance with the provisions of this section, at Landlord; provided's option, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlordcontinue to be responsible for the payment of Base Rent and all other amounts due under this Lease until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum or resulting from the date of such demand delay and losses and damages suffered by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease Landlord due to the Communications Room are deleted effective as lost opportunities to lease any portion of the Effective DatePremises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Standard Lease (Ambarella Inc)
Surrender. On Upon the last day of the Term expiration or termination of this Lease, or upon the sooner termination thereof, Tenant --------- shall peaceably and quietly surrender the Leased Premises and all improvements thereon Tenant Improvements and Alterations to Landlord broom-clean and in good ordercondition, condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that on or before the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by Landlord such removal; provided, however, upon expiration or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may termination of this Lease Tenant shall not be made or installed obligated to remove any Hazardous Material from the Property unless Handled by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the Property. If such removal is not completed on or before the expiration or termination of the Term of this LeaseTerm, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option right (but no obligation) to effect said removals remove the same, and Tenant shall pay Landlord, Landlord on demand, demand for all costs of removal and storage thereof and for the cost thereof, with interest at rental value of the rate Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10%) percent per annum days after notice from the date of Landlord (in which event title to all such demand by property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, disposition of any such property. Upon expiration or its successors termination of this Lease or assignsof Tenant's possession, whichever is higher.
9. All references earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Lease to the Communications Room are deleted effective as of the Effective Date.
00Premises. Xxxxx Plans for the Tenant's Improvements to obligations under this Section shall survive the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenantexpiration or termination of this Lease .
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Sublease (Clarent Corp/Ca)
Surrender. On At the last day expiration or earlier termination of the Term of this Lease, or upon the sooner termination thereofTerm, Tenant shall peaceably promptly yield up, clean and quietly surrender neat, and in the Leased same condition, order and repair in which they are required to be kept throughout the Term, the Premises and all improvements thereon in good orderimprovements, condition alterations and repairadditions thereto, reasonable and all fixtures and equipment servicing the Building, ordinary wear and tear, casualty tear and damage by taking or by fire or casualty not caused by Landlord the negligence or Landlord's willful misconduct of Tenant or its agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made At the expiration or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the earlier termination of the Term of this LeaseTerm, whether if requested by Landlord (which request must be made within sixty (60) days after the lapse of time expiration or otherwise, all without compensation or credit to Tenant. At any time prior to surrender earlier termination of the Leased Premises the Term), Tenant may shall remove all trade fixtures, personal property, equipment, wiring, cabling of its telephone lines or leave its telephone lines in place. All of the riser cables and signs paid for telephone rooms in the Building are and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided. Notwithstanding any of the foregoing to the contrary, that the Landlord (i) Tenant shall have the option right to effect said removals remove any alterations (as defined in Section 9.A hereof), including, without limitation, the Improvements (as defined in Paragraph 3 of Exhibit "E") and the Additional Improvements (as defined in Paragraph 4 of Exhibit "E") and at Tenant's sole cost and expense, (ii) unless otherwise requested by Landlord, Tenant shall remove from the Premises any such alterations which will require unusual expense to remove in connection with any future use of the Premises for office purposes or which are not appropriate or readily adaptable for normal office use at the end of the Term and shall restore the Premises to its condition prior to the installation of such alterations, and (iii) Tenant shall, if requested by Landlord (which request must be made within sixty (60) days after the expiration or earlier termination of the Term), remove from the Premises any raised floor installed in the Premises and any cables or wires installed beneath such raised floor and shall restore the Premises to its condition prior to such installation. Any removal and restoration required or permitted by Tenant hereunder shall be done in a good and workmanlike manner and Tenant must repair any damage caused by such removal and restoration. If Tenant does not remove and restore as required hereunder, Landlord may remove and restore to the extent not done by Tenant, and Tenant shall pay Landlord, on demand, the cost thereofof such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, with interest at the rate equipment, trade fixtures and all other items of ten (10%) percent per annum personal property from the date Premises prior to the expiration or earlier termination of the Term. If Tenant does not remove such items, Tenant shall be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant; or at Landlord's sole option such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant's expense, without notice to Tenant and without obligation to compensate Tenant. Notwithstanding anything herein to the contrary, during the last three (3) months of the Term, Tenant may request that Landlord inform Tenant as to whether certain specific items will be required to be removed from the Premises pursuant to the provisions of this Section 15, and Landlord shall have sixty (60) days from receipt of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references notice to inform Tenant whether Landlord will so require removal of those items referred to in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenantnotice.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Sublease Agreement (Ziplink Inc)
Surrender. On Tenant agrees that on the last day of the Term Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any damage or upon deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by the lapse of time or otherwisesuch removal, all without compensation or credit and (ii) Landlord may, by notice to Tenant. At any time Tenant given not later than ninety (90) days prior to surrender the Expiration Date (except in the event of a termination of this Lease prior to the Leased Premises the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant may at Tenant's expense to remove any or all trade fixtures, personal property, equipment, wiring, cabling and signs paid for Alterations constructed and installed hereto, and to repair any damage caused by Tenantsuch removal. Any property of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord; provided. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, that and in accordance with the Landlord provisions of this Paragraph 11 and Paragraph 32(h) below, Tenant shall have continue to be responsible for the option payment of Rent (as the same may be increased pursuant to effect Paragraph 35 below) until the Premises are so surrendered in accordance with said removals Paragraphs, and Tenant shall pay Landlordindemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum or resulting from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease delay and losses to the Communications Room are deleted effective as Landlord due to lost opportunities to lease any portion of the Effective DatePremises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. Section 21.01. On the last day of the Term Expiration Date or upon sooner termination of this Lease, Lease or upon any re-entry by Landlord upon the sooner termination thereofPremises, Tenant shall peaceably shall, at its sole cost and quietly surrender expense, quit, surrender, vacate and deliver the Leased Premises to Landlord "broom clean" and all improvements thereon in good order, condition and repairrepair except for ordinary wear, reasonable wear and tear, casualty tear and damage caused by fire or other insured casualty, together with all Improvements which have been made upon the Premises (except as otherwise provided for in this Lease). Tenant may remove from the Real Property any or all of Tenant's Property, the UPS system and/or the Generator and the Antenna and shall remove all personal property and personal effects of all persons claiming through or under Tenant, and shall repair all damage to the Premises and the Real Property occasioned by such removal, or in the alternative elect to pay Landlord the cost if repair of such damage.
Section 21.02. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article.
Section 21.03. Any personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by disposed of in such manner as Landlord may see fit; provided, however, that notwithstanding the foregoing, Tenant will, upon the Leased Premises shall remain the property request of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at made not later than 20 days after the termination of the Term Lease, promptly remove from the Building any personal property at Tenant's own cost and expense. If such personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 21.04. If the Premises are not surrendered upon the date which is three (3) months after the termination of this Lease, whether in addition to Landlord's other remedies hereunder, Tenant hereby indemnifies Landlord and holds it harmless against any loss and/or liability resulting from delay by Tenant in so surrendering the lapse Premises, including, without limitation, any claims made by any succeeding tenant or prospective tenant founded upon such delay, or any loss of time or otherwise, all without compensation or credit a prospective tenancy relating to Tenantsuch delay.
Section 21.05. At any time prior to surrender In the event Tenant remains in possession of the Leased Premises after the Tenant may remove all trade fixturestermination of this Lease without the execution of a new lease, personal propertyTenant, equipmentat the option of Landlord, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned to be occupying the Premises as a tenant from month to month, at a monthly rental equal to the greater of 1-1/2 times the Fixed Rent plus Additional Rent payable during the last month of the Term and shall become the property then fair market value of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand Premises as reasonably determined by Landlord, or subject to all of the prime interest rate established by other terms of this Lease Insofar as the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is highersame are applicable to a month-to-month tenancy.
9Section 21.06. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to obligations under this Article shall survive the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenanttermination of this Lease.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease (Instinet Group LLC)
Surrender. On Upon the last day of the Term expiration or termination of this Lease, or upon the sooner termination thereof, Lease Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon Tenant Improvements and Alterations to Landlord broom-clean and in good ordertheir original condition, condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations or, at Landlord's election, any work performed on the Premises by Tenant without Landlord's consent, and repair any damage caused by Landlord such removal. If such removal is not completed before the expiration or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this LeaseTerm, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option right (but no obligation) to effect said removals remove the same, and Tenant shall pay Landlord, Landlord on demand, demand for all costs of removal and storage thereof and for the cost thereof, with interest at rental value of the rate Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10%) percent per annum days after notice from the date of Landlord (in which event title to all such demand by property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, disposition of any such property. Upon expiration or its successors termination of this Lease or assignsof Tenant's possession, whichever is higher.
9. All references earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Lease to the Communications Room are deleted effective as of the Effective Date.
00Premises. Xxxxx Plans for the Tenant's Improvements to obligations under this Section shall survive the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenantexpiration or termination of this Lease.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On Tenant agrees that on the last day of the Term Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or upon cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(i). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether Tenant shall remove from the Premises, the Buildings and the Project and repair any damage caused by the lapse such removal, (i) all of time or otherwiseTenant’s Property (as hereinafter defined) and Tenant’s signage, all without compensation or credit to Tenant. At and (ii) any time prior to surrender of the Leased Premises Non-Permanent Tenant Improvements (as defined in the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling Improvements Construction Agreement) and signs paid for and installed by Tenantany Non-Permanent Alterations (as hereinafter defined). Any property of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements except those which constitute Non-Permanent Tenant Improvements and all Alterations except those which constitute Non-Permanent Alterations shall remain in the Premises as the property of Landlord; provided. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, that and in accordance with the Landlord provisions of this Paragraph 11 and Paragraph 33(i) below, Tenant shall have continue to be responsible for the option payment of Rent (as the same may be increased pursuant to effect Paragraph 36 below) until the Premises are so surrendered in accordance with said removals Paragraphs, and Tenant shall pay Landlordindemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum or resulting from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease delay and losses to the Communications Room are deleted effective as Landlord due to lost opportunities to lease any portion of the Effective DatePremises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (Kyphon Inc)
Surrender. Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant to the Premises shall be the property of Tenant, but shall be considered to be a part of the Premises. Unless Landlord gives Tenant written notice of its election not to become the owner of the Alterations at the end of the Term of this Lease, the Alterations shall become the property of Landlord at the end of the Term of this Lease. Landlord may require, on notice to Tenant, that some or all Alterations (other than Cosmetic Alterations) be removed at the end of the Term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense, provided, however, that to the extent Landlord's consent is required pursuant to this Section, at the written request of Tenant, Landlord agrees to notify Tenant concurrently with Landlord's consent to such Alteration whether or not Landlord will require Tenant to remove such Alteration at the end of the Term. On the last day of the Term of this Leasehereof, or upon the on any sooner termination thereoftermination, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon to Landlord in good ordersubstantially the same condition as received by Tenant, condition and repair, reasonable ordinary wear and teartear and casualty damage excepted, casualty broom-clean and damage caused by Landlord or Landlordfree of Tenant's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, trade fixtures and equipment, wiring, . Tenant's personal property shall include all computer wiring and cabling and signs paid for and installed by Tenant. Any property Provided, however, if Landlord has not so removed shall be deemed abandoned and shall become elected to have Tenant remove the property of Landlord; providedAlterations in accordance with this Section 13.4, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, leave the cost thereof, with interest Alterations at the rate of ten (10%) percent per annum from Premises in the date of such demand condition same are required to be maintained by LandlordTenant hereunder, or ordinary wear and tear and casualty damage excepted. Tenant shall repair any damage to the prime interest rate established Premises occasioned by the U.S. Bank, N.A., Madison, Wisconsin, installation or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as removal of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto trade fixtures, furnishings and have been approved by Landlord and Tenantequipment.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Industrial Lease Agreement (G Iii Apparel Group LTD /De/)
Surrender. On Upon the last day of the Term expiration or earlier termination of this Lease, or upon the sooner termination thereofLease for any reason, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord in its condition existing as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all improvements thereon interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order, condition order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable wear satisfaction of Landlord. Tenant shall remove from the Premises and tearthe Project all of Tenant’s trade fixtures, casualty furniture, moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5.4, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by Landlord the installation or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property removal of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination any of the Term of this Leaseforegoing items. If Tenant does not timely remove such property, whether by the lapse of time or otherwisethen Tenant shall be conclusively presumed to have, all at Landlord’s election: (a) conveyed such property to Landlord without compensation or credit (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. At Landlord shall have no duty to be a bailee of any time prior such personal property. If Landlord elects to surrender consider such property abandoned, Tenant shall be liable to Landlord for the costs of: (i) removal of the Leased Premises the Tenant may remove all trade fixtures, any such Alterations or personal property, equipment(ii) storage, wiringtransportation, cabling and signs paid for disposition of the same, and installed by Tenant. Any property not so removed shall be deemed abandoned (iii) repair and shall become restoration of the property of Landlord; providedPremises, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, together with interest thereon at the rate of ten (10%) percent per annum Interest Rate from the date of such demand expenditure by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease (PortalPlayer, Inc.)
Surrender. On the last day of the Term of this Lease, term demised or upon on the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises broom clean and all improvements thereon in good order, condition and repair, reasonable repair consistent with Tenant’s duty to make repairs as herein provided subject to ordinary wear and tear, casualty tear and damage caused by Landlord or Landlord's agents, employees or contractors exceptedreasonable use of the Leased Premises. AlterationsAll alterations, additions, improvements and fixtures (other than trade fixtures, signs and carpeting installed at Tenant’s expense, all of which may be removed by Tenant) which may be made or installed by either Landlord or Tenant upon the Leased Premises Premises, and all hard surface bonded or adhesively affixed flooring shall remain be the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, thereof without disturbance, molestation or injury at the termination of the Term term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time ; provided, however, if prior to surrender of said termination, or within fifteen (15) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall remove the additions, improvements, fixtures and installations which were placed in the Leased Premises the by Tenant and which are designated in said notice. If Tenant is in default thereof, Landlord may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall will pay to Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum Default Interest Rate from the date of payment by Landlord of the costs of such demand removal by Landlord. On or before such date, or Tenant shall also remove all its other personal property from the prime interest rate established Leased Premises and property not so removed shall be deemed abandoned by Tenant, subject to Landlord’s right to cause Tenant to remove the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease same pursuant to the Communications Room are deleted effective as preceding sentence. If the Leased Premises be not surrendered at the end of the Effective Date.
00term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claim made by any succeeding tenant founded on such delay. Xxxxx Plans Tenant shall also surrender all keys for the Tenant's Improvements to Leased Premises and shalt inform Landlord of combinations on any locks, safes and vaults, if any, on the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and TenantLeased Premises.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (EnSync, Inc.)
Surrender. On Upon the last day of the Term expiration or earlier termination of this Lease, or upon subject to the sooner termination thereofnormal wear and tear of the Premises, Tenant shall peaceably repair any damage to and quietly restore the condition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant's Property and shall repair all damage to the Premises, the Building, the Common Area, and the Project caused by the installation or removal of Tenant's Property. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such removal in writing. Tenant shall surrender the Leased Premises Premises, together with all keys and all improvements thereon security codes, to Landlord broom clean, in as good ordera condition as when received, and in the condition described on Exhibit H attached hereto, ordinary wear and repairtear and damage by fire or casualty excepted. Conditions existing because of Tenant's failure to perform maintenance, repairs or replacements shall not be deemed "reasonable wear and tear”. If Tenant fails to remove any of Tenant’s Property, casualty and damage caused by Landlord or Landlord's agentsto restore the Premises to the required condition, employees or contractors excepted. Alterations, additions, improvements and fixtures within five (other than trade fixtures5) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the days after termination of the Term of this LeaseLease or Tenant’s right to possession, whether by the lapse of time or otherwiseLandlord, all without compensation or credit at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant. At any time prior to surrender ’s Property and/or perform such restoration of the Leased Premises Premises. Landlord shall not be responsible for the Tenant may remove all trade fixturesvalue, personal propertypreservation or safekeeping of Tenant’s Property, equipment, wiring, cabling and signs paid except for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property negligence or willful misconduct of Landlord; provided, that the Landlord shall have the option to effect said removals and its agents or contractors. Tenant shall pay Landlord, on upon demand, the cost thereof, with interest at the rate of ten (10%) percent per annum expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the date Premises or storage, EXECUTION COPY within 30 days after notice, Landlord may deem all or any part of such demand by Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherLandlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Pfsweb Inc)
Surrender. On the last day Subtenant shall, on or before termination of the Term Prime Lease and/or this Sublease, remove all personal property, furniture, trade fixtures and other equipment, provided that the removal of this the same does not adversely affect the Lease Premises or is not prohibited by the Prime Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender that Subtenant promptly repairs any damage to the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agentssuch removal pursuant to the requirements of the Prime Lease. In the event that Subtenant fails to remove any such items as required by this section, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon all such items remaining on the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the after termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and Tenant may dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall become also be responsible for the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlordremoval, on demandor before termination, of all alterations as required under the cost thereofPrime Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any associated repair or restoration of the Leased Premises required under the Prime Lease. In all other respects, with interest at Subtenant shall deliver the rate Leased Premises broom clean, in its condition as of ten (10%) percent per annum from the date of such demand this Sublease reasonable wear and tear and casualty excepted. In no event shall Subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this section 4.2. Subtenant shall vacate and deliver possession of the Leased Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’s part, and free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by Landlordreason of Subtenant’s actions or failures to fulfill any of its obligations under this Prime Lease and/or this Sublease (“Violations”). Subtenant shall indemnify Tenant against any and all loss, expense, damage, costs or attorneys’ fees arising out of Violations occurring any time on or after the date of this Sublease. The voluntary or other surrender of this Sublease by Subtenant, or a mutual cancellation thereof, shall not automatically terminate any sub-subleases or sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to all or any part of the prime interest rate established by Leased Premises, but shall, at the U.S. Bankoption of Tenant, N.A., Madison, Wisconsineither (1) terminate all or any existing sub-subleases or sub-subtenancies or such other agreements, or its successors (2) operate as an assignment to Tenant of any or assigns, whichever is higherall such sub-subleases or sub-subtenancies or such other agreements.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. Section 20.01 On the last day of the Term of this Lease, Expiration Date or upon the sooner termination thereofof this Lease or upon any reentry by Landlord upon the Premises, Tenant shall peaceably shall, at its sole cost and quietly surrender expense, quit, surrender, vacate and deliver the Leased Premises to Landlord "broom clean" and all improvements thereon in good order, condition and repairrepair except for ordinary wear, reasonable wear and tear, casualty tear and damage caused by Landlord fire or Landlordother insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant's agentsProperty (excluding any of Tenants Property which is affixed or attached to the Premises) and all other personal property and personal effects of all persons claiming through or under Tenant, employees and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) personal property which may be made or installed by Tenant upon the Leased Premises shall remain in the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at after the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. If such Tenant's Property or other personal property or any part thereof shall become be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord; provided. Any expense incurred by Landlord in removing or disposing of such Tenant's Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 20.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under Section 20.01 shall be performed on or prior to the immediately preceding business day.
Section 20.03 Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article.
Section 20.04 The parties recognize that the damage to Landlord shall have resulting from any failure of Tenant to timely surrender possession of the Premises will be substantial and will be impossible to accurately measure. Tenant agrees that if possession of the Premises is not delivered to Landlord on the Expiration Date (or any sooner termination date), Tenant, at the option of the Landlord, shall pay to effect said removals Landlord, as liquidated damages and not as a penalty and in lieu of consequential damages, a monthly rental equal to the greater of (a) three (3) times the Fixed Rent and Additional Rent payable during the last month of the Term or (b) the then current Fair Market Value Rent for the Premises, and Tenant shall pay Landlord, on demand, continue to occupy the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease Premises subject to the Communications Room are deleted effective as all of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of this Lease insofar as the Lease same are applicable to a month-to-month tenancy.
Section 20.05 Tenant's obligations under this Article shall remain in full force and effect and are not modified by survive the termination of this First AmendmentLease.
Appears in 1 contract
Surrender. On Upon the last day of the Term expiration or termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon Tenant Improvements and Alterations to Landlord broom-clean and in good ordertheir original condition, condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and damage caused any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and data communications wiring installed in the Building by Tenant in excess of a total of three (3) such connections (in combination but not in the aggregate) for each work station, and remove from the Premises all Tenant's personal property, Trade Fixtures and Alterations that Tenant has the right or is required by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon to remove under the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term provisions of this Lease, whether and repair any damage caused by such removal. If such removal is not completed before the lapse of time expiration or otherwise, all without compensation or credit to Tenant. At any time prior to surrender termination of the Leased Premises the Tenant may remove all trade fixturesTerm, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option right (but no obligation) to effect said removals remove the same, and Tenant shall pay Landlord, Landlord on demand, demand for all reasonable costs of removal and storage thereof (which storage may occur in the cost thereof, with interest at Premises or in some other portion of the rate Building or Project) and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10%) percent per annum days after written notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Landlord shall submit a final xxxx to Tenant for any rental value of the Premises or other costs of transport, storage and disposal of Tenant's Personal property, Trade Fixtures and Alterations which Tenant has failed to remove from the date Premises as and when required hereunder within thirty (30) days of such demand Landlord's final disposition of all items thereof, whether by sale or other disposal by Landlord or by Tenant's retrieval. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, disposition of any such property. Upon expiration or its successors termination of this Lease or assignsof Tenant's possession, whichever is higher.
9. All references earliest, Tenant shall surrender all keys and access cards to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease except with respect to the Communications Room are deleted effective as rights and obligations of Tenant under this Section to remove items from the Premises and the obligations of Tenant to repair and restore any damage to the Premises caused by such removal and surrender of the Effective Date.
00. Xxxxx Plans Premises, in which case any claim by Landlord for the Tenant's Improvements costs incurred in removing such personal property and/or repairing such damages to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions Premises shall survive the expiration of the Lease shall remain in full force Term only to the extent written notice of Landlord's claim for a specific item is delivered to Tenant prior to sixty (60) days after Tenant delivers written notice to Landlord that Tenant has fully and effect completely vacated and are not modified by this First Amendmentsurrendered the Premises.
Appears in 1 contract
Samples: Lease Agreement (Riddell Sports Inc)
Surrender. On Tenant agrees on the last day of the Term of this LeaseLease Term, or upon the promptly following any sooner termination thereoftermination, Tenant shall peaceably and quietly to surrender the Leased Premises and all improvements thereon to Landlord in good order, the condition and repairreceived by Tenant, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agentsacts of God, employees or contractors excepted. Alterationscasualties, additionscondemnation, improvements and fixtures Hazardous Materials as defined in Paragraph 17 hereof (other than trade fixtures) which may be those stored, used, generated, or disposed of by Tenant, its employees, agents, contractors and invitees in or about the Premises in violation of "Law" as defined in Paragraph 11), and Alterations as defined in Paragraph 10 made or installed by Tenant upon which Landlord has indicated that Tenant shall not be required to remove, excepted. Tenant agrees, at its sole cost, to remove all non category 5 or better phone and data cabling form the Leased Premises suspended ceiling and repair or replace broken ceiling tiles, and re-level the ceiling if required by Landlord at the end of the Lease Term. Tenant shall remain ascertain from Landlord within Thirty (30) days before the property Expiration Date (or promptly following any sooner termination of this Lease) whether Landlord and shall remain upon and will require Tenant to remove any Alternations made by Tenant at the Premises, provided that at the time of approval, Landlord has specified that the Alteration will have to be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury removed at the termination of the Term of this Leaselease; If Landlord shall so require, whether then Tenant shall remove such Alterations as Landlord may designate and shall repair any damage to the Premises occasioned by the lapse of time removal before the Expiration Date or otherwise, all without compensation promptly following any sooner termination at Tenant's sole cost and expense. On or credit to Tenant. At any time prior to surrender before the end of the Leased Premises the Lease Term or promptly following any sooner termination, Tenant may shall remove all of its personal property and trade fixturesfixtures form the Premises, personal property, equipment, wiring, cabling and signs paid for all property and installed by Tenant. Any property fixtures not so removed shall be deemed to be abandoned and shall become by Tenant. If the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest Premises are not surrendered at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions end of the Lease shall remain Term or sooner termination of this Lease in full force and effect and are not modified the condition required by this First Amendmentparagraph, Tenant shall indemnify, defend and hold harmless Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay.
Appears in 1 contract
Samples: Lease Agreement (Integrated Telecom Express Inc/ Ca)
Surrender. On Except as required under Section 23 below (regarding removal of Lines) and except as required under Section 25.5 below (regarding Units), subject to Sections 8 and 11 and this Section 15, upon the last day expiration or earlier termination hereof, Tenant shall surrender possession of the Term Premises to Landlord in as good condition and repair as existed when Tenant took possession and as thereafter improved, except for reasonable wear and tear and repairs that are Landlord's express responsibility hereunder. Additionally, (a) in the event any Alterations are installed by Tenant in the Premises which are not approved by Landlord, Tenant shall remove such non-approved Alterations upon the expiration or earlier termination of the Lease and repair any damage associated with such removal, and (b) in the event Alterations are installed by Tenant in the Premises (including, without limitation, any Tenant Improvement Work to be installed in the original Premises, Suite 130 and/or the Must Take Space by Tenant in accordance with the Work Letter attached to this Lease as Exhibit B), which are approved by Landlord, Tenant shall not be required to remove such Tenant Improvement Work or Alterations upon the expiration or earlier termination of this Lease (other than non-Building standard office improvements identified by Landlord at the time of Landlord's approval of such Tenant Improvement Work or Alterations). Furthermore, with regard to the Must Take Space, Tenant shall remove any non-Building standard office improvements specified by Landlord for removal in Section 2.4.7 above. For clarity, nothing contained in this Section 15 shall be construed to limit Tenant's obligation to remove the Lines or Units upon the expiration or earlier termination of this Lease. However, before such expiration or upon termination, Tenant, without expense to Landlord, shall (a) remove from the sooner termination thereofPremises all debris and rubbish and all furniture, equipment, trade fixtures, Lines, free-standing cabinet work, movable partitions and other articles of personal property that are owned or placed in the Premises by Tenant shall peaceably or any party claiming by, through or under Tenant (except for any Lines not required to be removed under Section 23), and quietly surrender (b) repair all damage to the Leased Premises and all improvements thereon in good order, condition Building resulting from such removal. If Tenant fails to timely perform such removal and repair, reasonable wear and tearLandlord may do so at Tenant's expense (including storage costs). If Tenant fails to remove such property from the Premises, casualty and damage caused by Landlord or from storage, within 30 days after notice from Landlord, any part of such property shall be deemed, at Landlord's agentsoption, employees or contractors excepted. Alterations, additions, improvements and fixtures either (other than trade fixturesx) which may be made or installed by Tenant upon the Leased Premises shall remain the property of conveyed to Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlordcompensation, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher(y) abandoned.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Office Lease (Nutanix, Inc.)
Surrender. On Upon the last day expiration or other termination of the Term of this Lease, or upon the sooner termination thereofTerm, Tenant shall peaceably will immediately vacate and quietly surrender possession of the Leased Premises and all improvements thereon in good order, condition repair and repaircondition, reasonable except for ordinary wear and tear, casualty tear and damage caused by Landlord due to fire or Landlord's agents, employees other casualty. Upon the expiration or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term, Tenant agrees to remove all of Tenant’s office furniture, office equipment and other similar personal property. At Landlord’s option, to be exercised by written notice to Tenant delivered no less than thirty (30) days after Tenant’s written request for such election, which request of Tenant may be delivered no earlier than twelve (12) months prior to the expiration of the Term or concurrently with any other termination of the Lease, Tenant shall remove (a) any Alterations, the removal of which was requested by Landlord in written notice to Tenant at the time of the installation of such Alterations (regardless of whether Landlord’s approval of such Alterations was required hereunder); provided, however that Tenant shall not be required to remove: (i) the initial Tenant Improvements in the Initial Premises, and (ii) any tenant improvements existing in any ROFO Space (as hereinafter defined) at the time Tenant leases the same pursuant to a right granted under this Lease, and (b) any Alterations as to which Tenant failed to request, at the time of the installation thereof, that Landlord notify Tenant in writing whether Landlord would require Tenant to remove such Alterations upon expiration or other termination of this Lease. Notwithstanding the foregoing, in no event shall Tenant be required to remove (1) any Alterations as to which (A) Tenant requested, at the time of the installation thereof, that Landlord notify Tenant in writing whether Landlord would require Tenant to remove such Alterations and (B) Landlord either failed to respond to such request, did not specifically identify the Alterations in question as Alterations that Tenant would be required to remove, or indicated as such time that the Alterations in question need not be removed, (2) the initial Tenant Improvements in the Initial Premises, or (3) any tenant improvements existing in any ROFO Space at the time Tenant leases the same pursuant to a right granted under this Lease. Without limiting Tenant’s obligations with respect to the condition of the Premises upon expiration or termination, Tenant will pay Landlord within thirty (30) days of written demand the cost of repairing any damage to the Premises or Building caused by the lapse installation or removal of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenantsuch items. Any of Tenant’s personal property not so removed shall be deemed abandoned and remaining in the Premises shall become the property of Landlord; provided, that Landlord unless Landlord requires Tenant to remove the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is highersame.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On or before the last day of the Term Expiration Date or sooner termination date of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon Premises Improvements (except those which Tenant is required to remove) to Landlord in good order, condition and repair, reasonable normal wear and tear excepted, with all interior walls, floors and floor coverings cleaned, and otherwise in the condition required under this Article 11. Tenant shall not, however, be required to repair (or pay for the repair of) any Casualty Damage except to the extent such repairs are the obligation of Tenant under Article 16. The term “normal wear and tear” does not, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and be surrendered with timely performance of all its obligations under this Lease. On or before the Leased Premises as a part thereof, without disturbance, molestation expiration or injury at the sooner termination of the Term of this Lease, whether Tenant shall (a) remove all of Tenant’s Property from the Project; (b) remove all Premises Improvements which Tenant is required to remove, and all Premises Improvements which Tenant is permitted (and has elected) to remove; and (c) fully repair any damage to the Premises or other portions of the Project caused by the lapse removal of Tenant’s Property and the Premises Improvements. If requested by Landlord in writing at the time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender Landlord approves of the Leased installation or construction of said Premises Improvements, Tenant shall remove or cause to be removed at its expense, upon the Tenant may remove expiration or any sooner termination of this Lease, any and all trade fixtures, personal property, equipment, wiring, cabling and signs paid Premises Improvements made in or upon the Premises during the Term by or for and installed by Tenant. Any property of Tenant’s Property not so removed from the Project by Tenant as required herein shall be deemed abandoned and shall become may be retained, used, stored, removed or disposed of by Landlord as Landlord sees fit in the property exercise of Landlord; providedits sole discretion, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of waives all Claims against Landlord resulting therefrom. Within ten (10%) percent per annum from the date days following Landlord’s invoice therefor, Tenant shall reimburse Landlord for all costs incurred by Landlord in (x) storing, removing or disposing of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease any abandoned Tenant’s Property; and (y) repairing any damage to the Communications Room are deleted effective Premises or Project caused by Tenant, but only to the extent the making of (or payment for) such repairs is the responsibility of Tenant under this Lease; and (z) removing any Premises Improvements which Tenant was required to remove, and all repair and restoration work necessitated by such removal. Tenant shall leave in place all Premises Improvements (including Wiring) except those which Landlord requires Tenant to remove in accordance with the provisions of this Article 11, without any obligation on the part of Landlord to reimburse Tenant for the value thereof. Tenant represents and warrants that all Tenant’s Property and Premises Improvements shall be free and clear of all liens and encumbrances, and that no other person shall have any ownership or use interest therein as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions Expiration Date or sooner termination of the Lease Lease. All Tenant’s obligations under this Article 11 shall remain in full force and effect and are not modified by survive the expiration or sooner termination of this First AmendmentLease.
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Surrender. On Upon the last day expiration or other termination of the Term, Tenant will immediately vacate and surrender possession of the Premises in good order, repair and condition, except for ordinary wear and tear. Upon the expiration or other termination of the Term, Tenant agrees, subject to the Surrender Condition Qualification as defined in Section 7.1(h), to remove (a) all Tenant Changes to the Premises, the removal of which Landlord requested or approved according to Section 7.1(h) at the time Landlord consented to their installation, and (b) all of Tenant’s trade fixtures, office furniture, office equipment and other personal property. Tenant will pay Landlord on demand the cost of repairing any damage to the Premises, Building and/or Project caused by the installation or removal of any such items, reasonable wear and tear excepted. Notwithstanding the foregoing, Tenant will be responsible for removing all Telecom Equipment at the expiration or earlier termination of the Term in accordance with Section 26.9 below. If Tenant fails to surrender the Premises on the expiration or earlier termination of this Lease despite demand to do so by Landlord (including upon the expiration of any subsequent month-to-month tenancy pursuant to Section 15.2 below), with such removal and repair obligations completed, then, in addition to Landlord’s rights and remedies under Section 7.2 above and the other provisions of this Lease, Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord harmless from all loss or liability including, without limitation, any claims made by any succeeding tenant based thereon, and any attorneys’ fees and other costs of legal proceedings. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease and no surrender of possession of the Premises by Tenant will limit Tenant’s liability under this Lease. No act or thing done by Landlord or Landlord’s agents during the Term of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may Lease will be made or installed by Tenant upon the Leased Premises shall remain the property deemed an acceptance of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixturesPremises, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand unless in writing signed by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as The delivery of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements keys to the Expansion Area are described on Exhibit C attached hereto and have been approved by an employee or agent of Landlord and Tenant.
11. Except will not operate as amended by a termination of this First Amendment, all other terms and conditions Lease or a surrender of the Lease shall remain in full force and effect and are not modified by this First AmendmentPremises.
Appears in 1 contract
Samples: Lease Agreement (First California Financial Group, Inc.)
Surrender. On Upon the last day of the Term termination of this LeaseSublease, whether by forfeiture, lapse of time or otherwise, or upon the sooner termination thereofof the Tenant's right to possession of the Premises, Tenant shall peaceably will at once surrender and quietly surrender deliver up the Leased Premises and Premises, together with all improvements thereon thereon, to Landlord in good order, condition and repair, reasonable wear and tear and casualty excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed "reasonable wear and tear". Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. Said improvements shall include all plumbing, casualty lighting, electrical, heating, cooling and damage caused by Landlord ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). All Alterations in or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be upon the Premises made or installed by Tenant upon the Leased Premises shall remain the property become a part of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereofupon such termination without compensation, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation allowance or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, however, that the Landlord shall have the option right to effect said removals require Tenant to remove any Alterations or portion thereof. Said right shall be exercisable by Landlord giving written notice thereof to Tenant at the time Landlord approves such Alteration. Tenant shall also remove any Alterations which Prime Landlord may require Landlord to remove, pursuant to the terms of the Prime Lease. In any such event, Tenant shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasion by such removal or restoration. If Landlord or Prime Landlord requires removal of any Alteration or a portion thereof and Tenant does not make such removal in accordance with this Section at the time of such termination or within twenty (20) days after such request, whichever is later, Landlord may remove the same (and repair any damage occasion thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall pay Landlordthe costs of such removal, repair, delivery and warehousing on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by As between Landlord and Tenant, Tenant shall not be required to remove any Alterations performed by Landlord prior to the Commencement Date or to restore the Premises to their condition prior to the making of such Alterations.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Sublease (Taylor Capital Group Inc)
Surrender. On Subtenant shall, on or before the last day of the Term of this LeaseExpiration Date, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, furniture, trade fixtures and other equipment, wiringprovided that the removal of the same does not adversely affect the Building structure or any Building operating system or is not prohibited by the Master Lease, cabling and signs paid for and installed that Subtenant promptly repairs any damage to the Building structure or its operating systems caused by Tenantsuch removal pursuant to the requirements of the Master Lease. Any property not so removed In the event that Subtenant fails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall become also be responsible for the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlordremoval, on demandor before the Expiration Date, of all alterations as required under the cost thereofMaster Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any associated repair or restoration of the Premises required under the Master Lease. In all other respects, with interest at Subtenant shall deliver the rate of ten (10%) percent per annum from the date of such demand by LandlordPremises broom clean, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or in its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective condition as of the Effective Commencement Date.
00, reasonable wear and tear and casualty excepted. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions In no event shall Subtenant remove any of the Lease plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall remain in full force vacate and effect deliver possession of the Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’s part, and are free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Subtenant’s actions or failures to fulfill any of its obligations under this Sublease (“Violations”). Subtenant shall indemnify Sublandlord against any and all loss, expense, damage, costs or attorneys’ fees arising out of Violations occurring any time on or after the Commencement Date. The voluntary or other surrender of this Sublease by Subtenant, or a mutual cancellation thereof, shall not modified automatically terminate any sub-subleases or sub-subtenancies or other agreements by this First Amendmentwhich Subtenant has granted rights to third parties to all or any part of the Premises, but shall, at the option of Sublandlord, either (1) terminate all or any existing sub-subleases or sub-subtenancies or such other agreements, or (2) operate as an assignment to Sublandlord of any or all such sub-subleases or sub-subtenancies or such other agreements.
Appears in 1 contract
Samples: Sublease Agreement (Surebeam Corp)
Surrender. On SECTION 4.01. Lessee shall on the last day of the Term term hereof or upon any earlier termination of this Lease, or upon any entry or re-entry by Lessor upon the sooner termination thereofDemised Premises pursuant to Article 19 hereof, Tenant shall peaceably well and quietly truly surrender and deliver up the Leased Demised Premises into the possession and all improvements thereon use of Lessor without fraud or delay and, subject to the provisions of subdivision (b) of Section 15.03 of this Lease, in good order, condition and repair, reasonable wear and teartear excepted, casualty free and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements clear of all lettings and fixtures (occupancies other than space leases and licenses then terminable at the option of the Lessor or space leases and licenses, the continuance of which Lessor shall have specifically and expressly permitted, and free and clear of all liens and encumbrances other than any created by Lessor, and other than those easements, conditions and restrictive covenants and agreements, subject to which this demise is made.
SECTION 4.02. Where furnished by or at the expense of Lessee, any Sublessee, any space lessee or any licensee, furniture, trade fixturesfixtures and business equipment (not constituting part of the Demised Premises) which may be made removed by Lessee, such Sublessee, such space lessee or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation such licensee at or injury at prior to the termination of the Term or expiration of this Lease, whether by the lapse of time or otherwiseprovided, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; providedhowever, that the Landlord shall have removal thereof will not structurally injure the option Building or necessitate fundamental changes in or repairs to effect said removals and Tenant the Building. Lessee shall pay Landlord, on demand, or cause to be paid to Lessor the cost thereof, with interest at the rate of ten (10%) percent per annum repairing any damage arising from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherremoval.
9SECTION 4.03. All references in the Lease to the Communications Room are deleted effective as Any personal property of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First AmendmentLessee, all other terms and conditions any Sublessee, any space lessee or of the Lease any licensee which shall remain in full force the Building after the termination or expiration of this Lease and effect the removal of Lessee, such Sublessee, such space lessee or such licensee from the Building, may, at the option of Lessor be deemed to have been abandoned by Lessee, such Sublessee, such space lessee or such licensee, and are either may be retained by Lessor as its property or be disposed of, without accountability, in such manner as Lessor may see fit.
SECTION 4.04. Lessor shall not modified be responsible for any loss or damage occurring to any property owned by Lessee, any Sublessee, any space lessee or any licensee or any occupant.
SECTION 4.05. The provisions of this First AmendmentArticle 4 shall survive any termination or expiration of this Lease, including a termination pursuant to the provisions of subdivision (b) of Section 15.03 of this Lease.
Appears in 1 contract
Surrender. On the last day of the Term of this LeaseLease Agreement or on the sooner termination thereof in accordance with the terms hereof, Tenant shall peaceably surrender the Premises in good condition and repair consistent with Tenant's duty to make repairs as provided in Article 9 hereof. On or before said last day, Tenant shall at its expense remove all of its equipment from the Premises, repairing any damage caused thereby, and any property not removed shall be deemed abandoned. At the time any alterations, additions, and fixtures, except Tenant's trade fixtures, are constructed or installed on the Premises, Landlord agrees to notify Tenant whether Tenant must remove such alterations, additions, or fixtures at the expiration of the Term. All alterations, additions and fixtures other than Tenant's trade fixtures, which have been made or installed by either Landlord or Tenant upon the Premises which Landlord has identified to remain as Landlord's property shall be surrendered with the Premises as a part thereof. Those alterations, additions, and fixtures, except Tenant's trade fixtures, which Landlord identifies to be removed by Tenant at the expiration of the Term shall, be removed by Tenant at its expense, and Tenant shall repair any damage caused thereby. Notwithstanding the foregoing, Landlord reserves the right, upon thirty (30) days written notice to Tenant prior to the expiration of the Term, to modify its previously articulated requirement as to which alterations, additions, and fixtures must be removed by Tenant at the expiration of the Term, provided this right applies only to alterations, additions and fixtures which Landlord had previously indicated must be removed at the expiration of the Term. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, wordprocessing, facsimile, or electronic wiring installed by Tenant within the Premises (hereafter "Wiring") shall be removed at Tenant's cost at the expiration of the Term, unless Landlord has specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be surrendered with the Premises as Landlord's property. If the Premises are not surrendered at the end of the Term or the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by indemnify Landlord against loss or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed liability resulting from delay by Tenant upon in so surrendering the Leased Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises shall remain to Landlord at the property place then fixed for payment of Landlord rental and shall remain upon inform Landlord of combinations on any locks and be surrendered with safes on the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherPremises.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease (Ebenx Inc)
Surrender. On the last day of the Term of this Lease, Lease or upon the sooner earlier termination thereofthereof for any reason, Tenant shall will peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition condition, and repair, broom-clean, reasonable wear and teartear and casualty excepted, casualty and damage caused will surrender all keys to the Premises to Landlord at the place then fixed for the payment of rent and will inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. All improvements, alterations, or additions, whether temporary or permanent, made in or upon the Premises, either by Landlord or Landlord's agentsTenant, employees or contractors excepted. Alterations, additions, improvements will be deemed a part of the Building and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall will remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the expiration or earlier termination of this Lease without compensation to Tenant. However, Landlord may, at its option, require that Tenant remove any or all improvements, alterations, or additions (excluding Landlord’s Work, which shall remain in the Term Premises) at the expiration of the term or such other time at which Tenant ceases to possess the Premises, and restore the Premises to their prior condition; provided, however, that Tenant shall only be required to remove such alterations, improvements or additions if, at the time of Landlord’s consent to such alterations, improvements or additions, Landlord advised Tenant in writing that the same must be so removed. Tenant shall remove all furniture, movable trade fixtures, and equipment installed by Tenant at termination of this Lease. All such removals will be accomplished in a workmanlike manner so as not to damage the Premises or the Building, whether by including the lapse of time structure or otherwise, all without compensation or credit to Tenant. At any time prior to surrender structural qualities of the Leased Premises Building or the Tenant may remove all plumbing, electrical lines, or other utilities. Any such furniture, movable trade fixtures, personal propertyand equipment not promptly removed by Tenant shall, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall at Landlord’s option be deemed conclusively to have been abandoned by Tenant and shall become the property may be appropriated, sold, destroyed, or otherwise disposed of Landlord; provided, that the by Landlord shall have the option without notice to effect said removals and Tenant shall or obligation to compensate Tenant or to account therefor. Tenant will pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto all reasonable and have been approved actual costs incurred by Landlord and Tenantin connection with such abandonment. The foregoing provisions will survive expiration or termination of this Lease.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (Sonic Foundry Inc)
Surrender. On the last day of the Term term hereof or upon any earlier termination of this LeaseLease (unless Tenant has acquired title to the Demised Premises pursuant to Article XXIX), or upon a re-entry by Landlord upon the sooner termination thereofLand pursuant to Article XVI hereof, Tenant shall peaceably well and quietly truly surrender and deliver up to Landlord the Leased Demised Premises free and clear of all improvements thereon in good orderliens and encumbrances other than those, condition and repairif any, reasonable wear and tearexisting at the date hereof, casualty and damage caused or created by Landlord or Landlord's agentssubsequent owners of the Demised Premises, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereofand, without disturbance, molestation any payment or injury allowance whatever by Landlord. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Demises Premises on any such termination date. Title to any Improvements on the Land at the termination of this Lease shall pass to Landlord without the Term necessity of any payment therefor. At the end of the Term, Tenant will promptly quit and surrender the Demised Premises broom-clean, in good order and repair, ordinary wear and tear excepted. If Tenant is not then in default, Tenant may remove from the Demised Premises any trade fixtures, equipment and moveable furniture placed in the Demised Premises by Tenant, whether or not the same are fastened to the Improvements thereon; provided Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Demised Premises or removal of the same will result in impairing the structural strength of the Improvements. Whether or not Tenant is in default, Tenant will remove such Improvements, trade fixtures, equipment and furniture as Landlord may request at its sole option and discretion. Tenant will fully repair any damage occasioned by the removal of any trade fixtures, equipment, furniture, alterations, additions and Improvements. All trade fixtures, equipment, furniture, inventory, effects, alterations, additions and Improvements not so removed will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Tenant or any other person and without obligation to account for them; and Tenant will reimburse to Landlord on demand all expenses incurred in connection with such property, including, but not limited to, the cost of repairing any damage to the Premises caused by the removal of such property. Tenant's obligation to observe and perform this covenant will survive the expiration or other termination of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Ground Lease (Ecoscience Corp/De)
Surrender. On Upon the last day of the Term expiration or termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon Tenant Improvements and Alterations to Landlord broom-clean and in good ordertheir original condition, condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations, and Tenant shall have no obligation to remove Alterations or Minor Alterations to the Premises except to extent specifically provided in this Lease; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Premises all Tenant's telephone and electronic cabling and security systems installed in the Building by Tenant, personal property and any Trade Fixtures and all Alterations and Minor Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by Landlord such removal, provided, however, that Tenant shall not be required to remove any telephone or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or cabling installed in the Building by Tenant upon if Tenant fulfills the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the initial 144 month Term of this Lease, whether by . If such removal is not completed before the lapse of time expiration or otherwise, all without compensation or credit to Tenant. At any time prior to surrender termination of the Leased Premises the Tenant may remove all trade fixturesTerm, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option right (but no obligation) to effect said removals remove the same, and Tenant shall pay Landlord, Landlord on demand, demand for all costs of removal and storage thereof and Tenant shall indemnify Landlord from any other costs or damages incurred by Landlord by reason of Tenant's failure to complete timely removal. Landlord shall also have the cost thereof, with interest at right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the rate of property within ten (10%) percent per annum days after notice from the date of Landlord (in which event title to all such demand by property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, disposition of any such property. Upon expiration or its successors termination of this Lease or assignsof Tenant's possession, whichever is higher.
9. All references earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Lease to the Communications Room are deleted effective as of the Effective Date.
00Premises. Xxxxx Plans for the Tenant's obligations under this Section shall survive the expiration or termination of this Lease. In no event shall Tenant be required to remove the Tenant Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenantor any Alterations except as provided in Section 6.1 above.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On Upon the last day expiration or termination of the final Lease Term, howsoever effected, Tenant shall forthwith surrender the Leased Premises to Landlord or Landlord’s designee, free and clear of all claims, liens, security interests and other encumbrances (except Permitted Encumbrances and other encumbrances approved in writing by Landlord during the Lease Term) and in as good working order and condition as on the Commencement Date, ordinary wear and tear excepted. Landlord's Equipment and all inventory acquired by Tenant during the Lease term and on hand as of the date of expiration or termination shall also be surrendered to Landlord and all equipment and inventory surrendered shall have an aggregate functional capability at least equal to the aggregate functional capability of the equipment and inventory existing at the Facility as of the Commencement Date. At the expiration of the final Lease Term or upon any sooner termination of this Lease, or upon Xxxxxxxx’s rightful reentry onto the sooner termination thereofPremises, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord “broom clean” and all improvements thereon in good working order, condition and repair, reasonable except for ordinary wear and tear, casualty tear and damage caused by Landlord casualty or Landlord's agentscondemnation. Tenant shall cooperate fully with the transfer of operations to any new tenant including, employees or contractors exceptedwithout limiting the generality of the foregoing, the transfer of information on resident accounts and contracts. Alterations, additions, improvements and fixtures (other than trade fixtures) which In no event may be made or installed by the Tenant upon seek to change the number of licensed beds at the Leased Premises shall remain or move any part of its nursing home operation to another location without the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property express written consent of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, which consent may be withheld with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherwithout cause in Xxxxxxxx’s sole discretion.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement
Surrender. On Tenant agrees that on the last day of the Term Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by casualty, acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 32(f). Normal wear and tear shall not include any damage or upon deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) which it is obligated to remove, remove Tenant’s signage from the Premises, the Building and the Project and repair any damage caused by the lapse of time or otherwisesuch removal, all without compensation or credit and (ii) Landlord may, by notice to Tenant. At any time Tenant given not later than ninety (90) days prior to surrender the Expiration Date (except in the event of a termination of this Lease prior to the Leased Premises the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant may at Tenant’s expense to remove any or all trade fixtures, personal property, equipment, wiring, cabling Alterations and signs paid for and installed to repair any damage caused by Tenantsuch removal. Any property of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On Upon the last day of the Term expiration or earlier termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord broom-clean and all improvements thereon in good ordertheir original condition, condition and repair, except for reasonable wear and tear, casualty tear and damage caused by Landlord from casualty or Landlord's agentscondemnation; provided, employees however, that prior to the expiration or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether unless directed otherwise by Landlord, Tenant shall remove all Alterations, including the lapse of time or otherwiseTenant Improvements, all without compensation telephone, data and other cabling installed in the Building by Tenant, all Tenant’s personal property and any Trade Fixtures, and repair any damage caused by such removal. If such removal is not completed before the expiration or credit to Tenant. At any time prior to surrender termination of the Leased Premises the Tenant may remove all trade fixturesTerm, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option right (but no obligation) to effect said removals remove the same, and Tenant shall pay Landlord, Landlord on demand, demand for all costs of removal and storage thereof and an amount equal to the cost thereof, with interest at Holdover Rent for the rate entire Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10%) percent per annum days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall: (a) surrender all keys to the date Premises or any other part of such demand the Building, (b) deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises, (c) deliver to Landlord all plans and specifications relating to all Alterations made by Tenant during the term of this Lease to the Building and the Premises, (d) deliver to Landlord all permit applications, permits and permit sign-offs relating to all Alterations made by Tenant during the term of this Lease to the Building and the Premises, (e) deliver to Landlord all permits, licenses, approvals, inspection reports and material correspondence relating to the sprinkler, fire alarm and life safety systems in the Building and the Premises, (f) deliver and assign to Landlord any and all warranties and guaranties relating to any repairs and/or replacements made by Tenant to any of the Building Systems during the term of the Lease, and (g) work cooperatively with Landlord (but without incurring substantial expense or incurring of any liabilities) to transition the Building Utility Services and Building Systems to Landlord, or to a subsequent tenant, as designated by Landlord. Tenant’s obligations under this Section shall survive the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, expiration or its successors or assigns, whichever is highertermination of this Lease.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (Infinera Corp)
Surrender. On Upon the last day of the Term expiration or termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon Landlord Improvements, Tenant Improvements and Alterations to Landlord broom-clean and in good ordertheir original condition, condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant (which expressly excludes any wiring and cabling servicing the Premises as of the date of this Lease) and, subject to the terms and conditions of Exhibit B, remove from the Premises all Tenant’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by Landlord such removal. If such removal is not completed before the expiration or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this LeaseTerm, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option right (but no obligation) to effect said removals remove the same, and Tenant shall pay Landlord, Landlord on demand, demand for all costs of removal and storage thereof and for the cost thereof, with interest at rental value of the rate Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10%) percent per annum days after notice from the date of Landlord (in which event title to all such demand by property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, disposition of any such property. Upon expiration or its successors termination of this Lease or assignsof Tenant’s possession, whichever is higher.
9. All references earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Lease to Premises. Tenant’s obligations under this Section shall survive the Communications Room are deleted effective as expiration or termination of the Effective Datethis Lease.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On the last day Upon expiration of the Term or earlier termination of this Lease, or upon the sooner termination thereofTenant's right of possession, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord in the same condition as received, subject to any Alterations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premise by any person other than Landlord, its agents, employees, contractors or invitees and released of all improvements thereon in good orderHazardous Materials Clearances, condition and repairbroom Clean, reasonable ordinary wear and tear, tear and casualty loss and damage caused condemnation covered by Landlord or Landlord's agents, employees or contractors Sections 18 and 19 excepted. AlterationsNothing in this Section 28 shall be construed to eliminate Tenant's obligation to surrender the Area B Premises to Landlord in substantially the condition shown on EXHIBIT G if Landlord so elects. Tenant shall immediately return to Landlord all keys and/or access cards to parking, additions, improvements and fixtures (other than trade fixtures) which may be made restrooms or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation all or injury at the termination any portion of the Term of this LeasePremises furnished to, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant's Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and shall become the property may be stored, removed, and disposed of Landlord; providedby Landlord at Tenant's expense, that the Landlord shall have the option to effect said removals and Tenant shall pay waives all claims against Landlord for any damages resulting from Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date 's retention and/or disposition of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9property. All references in the Lease to the Communications Room are deleted effective obligations of Tenant hereunder not fully performed as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions termination of the Lease Term, including the obligations of Tenant under Section 30 hereof, shall remain in full force survive the expiration or earlier termination of the Term, including without limitation, indemnity obligations, payment obligations with respect to Rent and effect obligations concerning the condition and are not modified by this First Amendmentrepair of the Premises.
Appears in 1 contract
Surrender. On Upon termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord in good order and condition as received on the Commencement Date, reasonable wear and damage by casualty or condemnation excepted to the extent that such casualty or condemnation damages are covered by insurance or condemnation proceeds payable to Landlord. If Landlord requires Tenant to remove any alterations pursuant to Section 8, then such removal shall be done in a good and workmanlike manner, and upon such removal Tenant shall restore the Premises to its same condition prior to the installation of such alterations. If Tenant does not remove such alterations within five (5) business days after the expiration or earlier termination of the Term hereof, Landlord may remove the same and restore the Premises, and Tenant shall pay the cost (plus interest at rate of twelve percent (12%)) of such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises prior to termination of the Term or Tenant’s right to possession of the Premises. If Tenant does not remove such items on or before the last day of the Term of this Leaseor the Option Period, or upon the sooner termination thereofas applicable, Tenant shall peaceably and quietly surrender be conclusively presumed to have conveyed the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused same to Landlord without further payment or credit by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed or at Landlord’s sole option such items shall be deemed abandoned abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant’s expense, which shall become the property be one hundred five percent (105%) of Landlord; provided’s actual cost of removal, that the Landlord shall have the option without notice to effect said removals Tenant and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease without obligation to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and compensate Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (Graham Corp)
Surrender. On Upon the last day of the Term termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the sooner termination thereofof the Tenant's right to possession of the Premises, Tenant shall peaceably will at once surrender and quietly surrender deliver up the Leased Premises and Premises, together with all improvements thereon thereon, to Landlord in good order, condition and repair, reasonable wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed "reasonable wear and tear." Tenant shall surrender to Agent all keys to the Premises and make know to Agent the explanation of all combination locks which Tenant is permitted to leave on the Premises. Said improvements shall include all plumbing, casualty lighting, electrical, heating, cooling and damage caused ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). Tenant may remove any floor covering as to which Tenant paid the total cost of purchase and installation; in such event, Tenant shall remove all fastenings, paper, glue, bases and other vestiges thereof and restore the floor surface to its previous condition, or shall pay to Landlord the cost of so restoring the floor surface condition. Except as provided in the immediately preceding sentence, all additions, hardware, non-trade fixtures and all improvements, in or upon the Premises placed there by Landlord or Tenant ("Alterations") shall become Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the upon such termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or allowance credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, however, that the Landlord shall have the option right to effect said removals require Tenant to remove any Alterations or any portion thereof, including without limitation any floor covering purchased and installed at Tenant's sole cost, and to restore the Premises to their condition prior to the making thereof, repairing any damage occasioned by such removal and restoration. Said right shall be exercised by Landlord's giving written notice thereof to Tenant on or before twenty (20) days after any such termination. If Landlord requires removal of any Alteration or portion thereof, and Tenant does not make such removal in accordance with this Section at the time of such termination or within ten (10) days after such request, whichever is later, Landlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall pay Landlordthe costs of such removal, repair, delivery and warehousing to Landlord on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Sublease (Quintus Corp)
Surrender. On At the last day end of the Term of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly will surrender the Leased Premises to Landlord in the same condition as when received (and as improved) on the Rent Commencement Date, subject to ordinary wear and tear and damage by casualty. Except for Alterations that Tenant agreed to remove at the end of this Lease according to Article 8 and Alterations that Landlord requires Tenant to remove by written notice given at the time Landlord provides its consent, all Alterations will become a part of the Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain will become the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination end of the Term. In that event, Tenant will promptly remove prior to the end of the Term of this LeaseLease the Improvements and Alterations designated by Landlord, whether and such Improvements and Alterations reasonably deemed by the lapse of time Tenant to be trade fixtures or otherwiseproprietary to Tenant’s business, and will promptly restore, patch, and repair any resulting damage, all without compensation or credit to at Tenant’s expense. At any time prior to surrender of the Leased Premises the Tenant may remove all All business and trade fixtures, personal property, machinery and equipment, wiringfurniture, cabling movable partitions, and signs paid for and items of personal property owned by Tenan,t or installed by Tenant. Any property not so removed shall Tenant at its expense in the Premises will be deemed abandoned and shall become remain the property of Landlord; providedTenant. Tenant will, that at its sole expense, remove all such items and repair any damage to the Premises caused by such removal. If Tenant fails to remove any such items or repair such damage promptly before the end of this Lease, Tenant will be deemed to have abandoned it and Landlord shall have the option to effect said removals and Tenant shall pay Landlordmay store it at Tenant’s expense or appropriate it for itself, on demand, the cost thereofor sell or dispense of it in its discretion, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease no liability to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Office Lease (IonQ, Inc.)
Surrender. On the last day of the Term Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in the same condition and repair as the Premises are delivered to Tenant (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any damage or upon deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair any damage caused by the lapse of time or otherwisesuch removal, all without compensation or credit and (ii) Landlord may by notice to Tenant. At any time Tenant given not later than ninety (90) days prior to surrender the Expiration Date (except in the event of a termination of this Lease prior to the Leased Premises the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations that Landlord has not consented to or that Landlord has not informed Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for remain in the Premises pursuant to Paragraph 12(h) below and/or the initial Tenant Improvements constructed and installed pursuant to Exhibit B hereto, and to repair any damage caused by Tenantsuch removal. Any property of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned if Tenant does not remove it within five (5) days of written notice from Landlord and such abandoned Tenant’s Property may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property, provided that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove in accordance with the terms of this Lease shall remain in the Premises as the property of Landlord; provided. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, that and in accordance with the Landlord shall have the option to effect said removals provisions of this Paragraph 11 and Paragraph 32(h) below, Tenant shall pay Landlordcontinue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum or resulting from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease delay and losses to the Communications Room are deleted effective as Landlord due to lost opportunities to lease any portion of the Effective DatePremises together with, in each case, actual attorneys’ fees and costs.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On Upon the last day of the Term expiration or other termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably return all keys and quietly quit and surrender to Landlord the Leased Premises Premises, together with Tenant’s Improvements and all improvements thereon other property affixed to the Premises, excluding Tenant’s Moveable Property, which shall remain the property of Tenant, in good orderorder and condition, condition and repair, reasonable ordinary wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors condemnation excepted. AlterationsSubject to the last sentence of this subparagraph (a), additionsTenant shall, improvements and fixtures (prior to the expiration or other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixturesTenant’s Moveable Property and other property belonging to it which is not affixed to the Premises and failing to do so, Landlord may cause all of said personal propertyproperty to be removed. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. In the alternative, equipmentLandlord may, wiringat its option, cabling treat any and signs paid for and installed all items not removed by Tenant on or before the date of expiration or other termination of this Lease, other than such items that are not owned by Tenant. Any property not so removed shall be deemed abandoned , as having been relinquished by Tenant and such items shall become the property of Landlord; providedLandlord with the same force and effect as if Tenant had never owned or otherwise had any interest in such items. Anything herein to the contrary notwithstanding, Tenant shall not be obligated to remove any safes (whether or not built-in), vaults, night depositories, security deposit box assemblies, ATM machines and equipment, teller stations or any other items of Tenant’s Moveable Property that Tenant may elect to leave in the Landlord shall have Premises upon the option to effect said removals expiration or other termination of this Lease and Tenant shall pay Landlord, on demand, not be obligated to reimburse Landlord for the cost thereof, with interest at the rate of ten (10%) percent per annum removing said items from the date Premises. In the event Tenant does remove its ATM machines and equipment on surrendering the Premises, Tenant shall cover and secure any openings in walls caused by the removal of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is highermachines and equipment.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (Bank of the James Financial Group Inc)
Surrender. On the last day of the Term of this Lease, Expiration Date or upon the sooner termination thereofhereof upon a day other than the Expiration Date, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon broom-clean in good order, condition and repair, reasonable wear and teartear only excepted, casualty and damage caused by Landlord subject to the terms and conditions of Exhibit G. On or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon before the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination last day of the Term of this Leaseor the sooner termination thereof, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may shall at its expense remove all trade fixturesof its furnishings, equipment and other personal propertyproperty from the Premises, equipmentrepairing any damage caused thereby, wiring, cabling and signs paid for and installed by Tenant. Any any property not so removed shall be deemed abandoned abandoned. At the election of Landlord and if Tenant is so notified in writing at the time Landlord approves any Alterations, all Alterations (as defined in Article 8) and fixtures, other than Tenant's trade fixtures, which have been made or installed by either Landlord or Tenant upon the Premises, shall at the end of the Term or the earlier termination thereof, at Landlord’s option (i) remain as Landlord's property and shall become be surrendered with the property of Landlord; providedPremises as a part thereof, that or (ii) shall be removed from the Landlord shall have the option to effect said removals and Premises, in which event Tenant shall pay Landlord, on demand, remove the same at its sole cost thereof, with interest and expense and repair any damage caused thereby. The Tenant Improvements shall not be required to be restored at the rate Expiration Date or upon termination hereof. If the Premises are not vacated and surrendered at the end of ten (10%) percent per annum from the date of such demand by Landlord, Term or the prime interest rate established sooner termination thereof as required by this Article 29, Tenant shall indemnify Landlord against any and all loss, cost, damage, liability and expense resulting from delay by Tenant in so vacating and surrendering the U.S. BankPremises, N.A.including, Madisonwithout limitation, Wisconsinclaims made by any succeeding tenant founded on such delay, which indemnity obligation shall survive the expiration or its successors or assigns, whichever is higher.
9earlier termination of this Lease Agreement. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans Tenant shall promptly surrender all keys for the Tenant's Improvements Premises to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenantshall inform Landlord of any combinations to any locks and/or safes on the Premises.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Commercial Lease (Celcuity Inc.)
Surrender. On Upon the last day of the Term expiration of this LeaseSublease, or upon the sooner termination thereofof the Sublease or of the Tenant's right to possession of the Premises, Tenant shall peaceably will at once surrender and quietly surrender deliver up the Leased Premises and Premises, together with all improvements thereon thereon, to Landlord in good order, condition and repair, reasonable wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required of Tenant under this Sublease shall not be deemed "reasonable wear and tear." Said improvements shall include all plumbing, casualty lighting, electrical, heating, cooling and damage caused by ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the combination of all combination locks which Tenant is permitted to leave on the Premises. All Alterations in or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be upon the Premises made or installed by Tenant upon the Leased Premises shall remain the property become a part of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereofupon such termination without compensation, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation allowance or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, however, that the Landlord shall have the option right to effect said removals require Tenant to remove any Alterations made by Tenant, or portion thereof. Said right shall be exercisable by Xxxxxxxx's giving written notice thereof to Tenant on or before thirty (30) days prior to such expiration or on or before twenty (20) days after such termination. Tenant shall also remove any Alterations made by Tenant, or portion thereof, which Prime Landlord may require Landlord to remove, pursuant to the terms of the Prime Lease. In any such event, Tenant shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Landlord or Prime Landlord requires removal of any Alteration made by Tenant, or a portion thereof, and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall pay Landlordthe costs of such removal, repair, delivery and warehousing on demand. As between Landlord and Tenant, Tenant shall not be required to remove any Alterations performed by Landlord prior to the Commencement Date or to restore the Premises to their condition prior to the making of such Alterations. If, however, the cost thereof, with interest term of the Sublease expires at the rate of ten (10%) percent per annum from or about the date of such demand by Landlordthe expiration of the Prime Lease, and if Landlord is required under or pursuant to the prime interest rate established by terms of the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Prime Lease to remove any Alterations performed prior to the Communications Room are deleted effective as Commencement Date, Tenant shall permit Landlord and/or Prime Landlord to enter the Premises for a reasonable period of time prior to the expiration of the Effective Date.
00. Xxxxx Plans Sublease, subject to such conditions as Tenant may reasonably impose, for the Tenant's Improvements to purpose of removing its Alterations and restoring the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and TenantPremises as required.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement
Surrender. On Upon the last day of the Term termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon termination of Tenant's right to possession of the sooner termination thereofLeased Premises, Tenant shall peaceably will at once surrender and quietly surrender deliver up the Leased Premises and Premises, together with all improvements thereon thereon, to Landlord, broom swept, in good order, condition and repair, reasonable wear and tear and logs by fire or other casualty excepted; it being expressly agreed and understood that conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required herein shall not be deemed "reasonable wear and tear." Tenant shall deliver to Landlord all keys to all doors therein. As used in this Section 17.0, casualty the term "improvements" shall include, without limitation, all plumbing, lighting, electrical, heating, cooling, and damage caused ventilating fixtures and equipment and all Alterations whether or not such Alterations are consented to by Landlord or Landlord's agents, employees or contractors excepted. All Alterations, additionstemporary or permanent, improvements and fixtures (other than trade fixtures) which may be made in or installed by Tenant upon the Leased Premises by Tenant (exclusive of Tenant's Trade Fixtures) (as hereinafter defined) shall remain the become Landlord's property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereofon any such termination without compensation, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation allowance or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, however, that the Landlord shall have the option right to effect said removals require Tenant to remove any Alterations and to restore the damage occasioned by such removal and restoration. Said right shall be exercised by Landlord's giving written notice thereof to Tenant on or before thirty (30) days after any such termination. If Landlord requires removal of any Alterations and Tenant shall pay Landlord, does not make such removal either in accordance with this Section on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from or before the date of such demand by Landlord, termination or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assignswithin thirty (30) days after such request, whichever is higherlater, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or, at its election, either deliver the same to any other place of business of Tenant or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing to Landlord on demand.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender.
22.1 Tenant shall on the last day of the Lease Term or on the sooner termination of this Lease peaceably and quietly surrender and yield up to Landlord the entire Premises including any Work, free and clear of all letting, subleases, occupancies, security agreements, liens or encumbrances (excepting only those which Landlord has specifically consented to remain in effect following the expiration of the Lease Term) in good order and condition, reasonable wear and tear excepted, and subject to the provisions of Articles 17 and 18 hereof.
22.2 On the last day of the Lease Term or on the date of the sooner termination of this Lease, or upon the sooner termination thereofprovided no Event of Default by Tenant then exists, Tenant shall peaceably and quietly surrender have the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures right to remove its movable personal property (other than trade fixtures) which may be made or installed by Tenant upon but excluding the Leased Premises shall remain the personal property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of leased to Tenant pursuant to this Lease, whether by ) and trade fixtures provided Tenant repairs any damage to the lapse Premises resulting from the removal of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenantsame. Any property not so removed by Tenant prior to the expiration of the Lease Term shall be deemed abandoned and shall become the property may be appropriated, sold, destroyed or otherwise disposed of Landlord; provided, that the by Landlord shall have the option without Notice to effect said removals Tenant and without obligation to account therefor and Tenant shall pay Landlordto Landlord upon demand all costs and actual out-of- pocket third party costs and expenses incurred by Landlord in removing, on demandstoring or disposing of same and in restoring the Premises.
22.3 If any subtenant of Tenant or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises or any part thereof at the expiration or earlier termination of the Lease Term, the cost thereofsame shall constitute a "holding over" by Tenant.
22.4 Tenant agrees it shall indemnify and save Landlord harmless against all costs, with interest at claims, loss or liability resulting from delay by Tenant in surrendering the rate Premises upon expiration or sooner termination of ten the Lease Term, including, without limitation, any claims made by any succeeding tenant founded on such delay, but excluding any delays arising from the gross negligence or willful misconduct of Landlord. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Premises will be substantial, will exceed the amount of monthly Annual Rent and Additional Rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within two (10%2) percent per annum from days after the date of such demand by Landlord, the expiration or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions sooner termination of the Lease Term, then Tenant will pay Landlord as liquidated damages (i) for each of the first two (2) months during which Tenant holds over in the Premises after expiration or sooner termination of the Lease Term, a sum equal to one and one- half (1 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term, and (ii) for the period thereafter during which Tenant holds over in the Premises after expiration or sooner termination of the Lease Term, a sum per month equal to two and one-half (2 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term.
22.5 Tenant's obligations under this Article 22 shall remain in full force and effect and are not modified by survive the expiration or earlier termination of this First AmendmentLease.
Appears in 1 contract
Samples: Plaza Lease
Surrender. On Upon the last day of the Term expiration or termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon Tenant Improvements and Alterations to Landlord broom-clean and in good ordertheir original condition, condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove (i) all telephone and other cabling installed in the Building by Tenant, (ii) all Tenant’s personal property, (iii) any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6 (Tenant Improvements & Alterations) and (iv) any portions of the Tenant Improvements that Landlord has elected to require Tenant to remove during the plan approval process pursuant to Exhibit B, and Tenant shall repair any damage caused to the Premises or the Property by Landlord such removal. If such removal is not completed before the expiration or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises (and any other part of the Property for which Tenant has keys) and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The delivery of keys to the Premises to Landlord or any agent or employee of Landlord shall not constitute a surrender of the Premises or effect a termination of this Lease, whether by or not the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand keys are retained by Landlord, . Tenant’s obligations under this Section shall survive the expiration or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is highertermination of this Lease.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Sublease (LendingClub Corp)
Surrender. On Upon the last day of the Term expiration or termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon to Landlord in good orderits original condition, condition and repair, except for reasonable wear and tear, casualty tear and damage caused from casualty or condemnation; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Premises all Tenant's personal property, trade fixtures, alterations and other Above-Standard Improvements that Tenant has the right or is required by Landlord or Landlordto remove under the provisions of this Lease. Tenant shall also be responsible for removal of all telephone cables and wires, CRT, data and telephone equipment, and any other form of cabling that exists in Tenant's agents, employees or contractors exceptedspace and was installed after the Completion Date. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property If any of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury such removal is not completed at the expiration or termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant Landlord may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by the same at Tenant's expense. Any property not so removed damage to the Premises or the Building caused by such removal shall be deemed abandoned and shall become the property of Landlord; providedrepaired promptly by Tenant or, that the if Tenant fails to do so, Landlord shall have the option to effect said removals and may do so at Tenant's expense, in which event Tenant shall pay Landlord, on demand, the cost thereof, immediately reimburse Landlord for such expenses together with interest at the Default rate until so paid. Tenant's obligations under this Paragraph shall survive the expiration or termination of ten (10%) percent per annum from this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall surrender all keys to the date Premises or any other part of such demand by Landlordthe Building and shall make known to Landlord the combination of locks on all safes, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references cabinets and vaults that may be located in the Lease to the Communications Room are deleted effective as of the Effective Date.
00Premises. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Please Initial Tenant ( ) Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.( )
Appears in 1 contract
Samples: Sublease (Nextcard Inc)
Surrender. On the last day of the Term of this Lease, term demised or upon on the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon leased premises in good order, condition and repair, broom-clean, reasonable wear and teartear and casualty loss only excepted. On or before the last day of the term or the sooner termination thereof, casualty Tenant shall, at its expense, remove its trade fixtures, personal property and equipment and signs from the leased premises and any property not removed shall be deemed abandoned. Any damage caused by Landlord or LandlordTenant in the removal of such items shall be repaired by and at Tenant's agents, employees or contractors exceptedexpense. AlterationsAll alterations, additions, improvements and fixtures (other than Tenant's trade fixturesfixtures and equipment) which may be shall have been made or installed by either Landlord or Tenant upon the Leased Premises shall remain the property of Landlord leased premises and all flooring shall remain upon and be surrendered with the Leased Premises leased premises as a part thereof, without disturbance, molestation or injury injury, and without charge, at the expiration or termination of the Term of this Lease; provided, whether by the lapse of time or otherwisehowever, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the that Tenant may remove all trade fixturesand relocate any heating, personal propertyventilating, equipmentair conditioning, wiring, cabling air handling and signs paid for and other mechanical equipment (whether or not such equipment constitutes a "fixture" under applicable law) that was installed by Tenant at Tenant's expense, provided that Tenant shall repair any roof penetrations or other damages (other than normal wear and tear) that directly result from such removal. Any property not If the leased premises be so removed surrendered at the end of the term or the sooner termination thereof, Tenant shall be deemed abandoned indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the leased premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the leased premises to Landlord at the place then fixed for payment of rent and shall become inform Landlord of combinations of any locks and safes on the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherleased premises.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease (Atmi Inc)
Surrender. On the last day of the Term of this LeaseLease Agreement or on the sooner termination thereof in accordance with the terms hereof, Tenant shall peaceably surrender the Premises in good condition and repair consistent with Tenant’s duty to make repairs as provided in Article 9 hereof. On or before said last day, Tenant shall at its expense remove all of its equipment from the Premises, repairing any damage caused thereby, and any property not removed shall be deemed abandoned. All alterations, additions and fixtures other than Tenant’s trade fixtures, which have been made or installed by either Landlord or Tenant upon the Premises shall remain as Landlord’s property and shall be surrendered with the Premises as a part thereof, or upon shall be removed by Tenant, at the option of Landlord, in which event Tenant shall at its expense repair any damage caused thereby; provided, however, Tenant shall have no obligation hereunder to remove any of the improvements to the Premises existing as of the Commencement Date of this Lease Agreement or to remove any alteration, addition or improvement hereafter made to the Premises by or on behalf of Tenant unless within twenty (20) business days following Tenant’s notice of such alteration, addition or improvement under Article 12 above, Landlord notifies Tenant that removal will be so required. Notwithstanding the foregoing sentence, it is specifically agreed that any and all cable and electronic wiring installed under the raised floors, in the walls or above the ceiling of the Computer Rooms located in Suites 300 and 400 of the Premises and those portions of the cabling and electronic wiring running from the Building’s back-up generator that exclusively serve Tenant’s Premises (hereafter “Wiring”), as well as the FM-200 fire support system, the Liebert separate Cooling System, the Computer Room false floors, and any other fixtures and related equipment not so specifically referenced herein but within the Premises and servicing such computer rooms including also all such equipment or personal property located outside of the Premises and/or on the rooftop of the Building (hereafter collectively referred to as the “Specialized Fixtures”) shall be removed at Tenant’s cost at the expiration of the Term. For purposes of the foregoing the security cameras and monitors located in Suites 200, 300, 400, 500 and 600 shall also be deemed “Specialized Fixtures.” If the Premises are not surrendered at the end of the Term or the sooner termination thereof, Tenant shall peaceably indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of rental and quietly surrender shall inform Landlord of combinations on any locks and safes on the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is highercomputer security codes.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Standard Office Lease Agreement (Analysts International Corp)
Surrender. On a) At the last day expiration of the Term or earlier termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender promptly yield up the Leased Premises and all improvements thereon fixtures, improvements, alterations and additions thereto (except for Tenant’s trade fixtures and Tenant’s equipment) in good ordera condition which is clean of garbage and debris and broom clean and in the same condition, condition order and repairrepair in which they are required to be kept throughout the Term, reasonable ordinary wear and tear, casualty tear and damage caused by Landlord or Landlord's agents, employees or contractors fire and other insured casualty excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may All of Tenant’s property required to be made removed pursuant to this Lease not removed prior to the expiration or installed earlier termination of this Lease shall thereupon be conclusively presumed to have been abandoned by Tenant upon and Landlord may, at its option, take over possession of such property and either (a) declare the Leased Premises shall remain same to be the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury by written notice to Tenant at the termination address provided herein or (b) at the sole cost and expense of Tenant, remove and store and/or dispose of the same or any part thereof in any manner that Landlord shall choose without incurring liability to Tenant or any other person, and Tenant’s failure to remove such property shall be deemed a holding over by Tenant under Section 28(b) hereunder until such failure is rectified by Landlord or Tenant.
b) If Tenant, or any person claiming through Tenant, continues to occupy the Premises after the expiration of the Term or earlier termination of this Lease or any renewal thereof the tenancy under this Lease shall become, at the option of Landlord, expressed in a written notice to Tenant and not otherwise, month-to-month, terminable by Tenant or Landlord on thirty (30) days prior notice, under the same terms and conditions set forth in this Lease, except that, regardless of whether Landlord grants such consent, the Fixed Basic Rent during such continued occupancy shall be one hundred and fifty percent (150%) of the amount set forth in the Preamble for the last month of the Term. Anything to the contrary notwithstanding, any holding over by Tenant without Landlord’s prior written consent shall constitute an event of default under this Lease and shall be deemed a tenancy at sufferance and shall be subject to all the remedies set forth in Subsection 29(b) of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On the last day of the Term of this Lease, Expiration Date or upon the sooner termination thereofhereof upon a day other than the Expiration Date, Tenant shall will peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, repair (reasonable wear and teartear only excepted); warehouse area in broom clean condition; office/restroom area vacuumed and cleaned. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, casualty Tenant will, at its expense, remove all trade fixtures, personal property and equipment and signs from the Premises and any property not removed will be deemed to have been abandoned. Tenant will also repair any injury or damage to the Premises or the Premises which results from such removal. Any damage caused in the removal of such items will be repaired by Landlord or Landlord's agents, employees or contractors exceptedTenant and at its expense. AlterationsAll alterations, additions, improvements and fixtures (other than trade fixtures) which may be have been made or installed by Landlord or Tenant upon the Leased Premises shall remain the property of Landlord and shall all floor covering so installed will remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury injury, and without charge, at the expiration or termination of the Term of this Lease, whether by . If the lapse of time Premises are not surrendered on the Expiration Date or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of termination, Tenant will indemnify Landlord against loss or liability, claims, without limitation, made by any succeeding Tenant founded on such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9delay. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans Tenant will promptly surrender all keys for the Tenant's Improvements Premises to Landlord at the Expansion Area are described place then fixed for payment of rent and will inform Landlord of combinations of any locks and safes on Exhibit C attached hereto and have been approved by Landlord and Tenantthe Premises.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Commercial Lease (Aetrium Inc)
Surrender. Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant to the Premises shall be the property of Tenant, but shall be considered to be a part of the Premises. Unless Landlord gives Tenant written notice of its election not to become the owner of the Alterations at the end of the term of this Lease, the Alterations shall become the property of Landlord at the end of the term of this Lease. Landlord may require, on notice to Tenant, that some or all Alterations be removed prior to the end of the term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense. On the last day of the Term of this Leaseterm hereof, or upon the on any sooner termination thereoftermination, Tenant shall peaceably and quietly surrender the Leased Premises (including, but not limited to, all doors, windows, floors and floor coverings, skylights, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, electrical systems, lighting facilities, sprinkler systems, fire detection systems and nonstructural elements of the exterior walls, foundation and roof (collectively the "ELEMENTS OF THE PREMISES")) to Landlord in the same condition as received, ordinary wear and tear and casualty damage excepted, clean and free of debris and Tenant's personal property, trade fixtures and equipment. Tenant's personal property shall include all improvements thereon computer wiring and cabling installed by Tenant. Provided, however, if Landlord has not elected to have Tenant remove the Alterations, Tenant shall leave the Alterations at the Premises in good order, condition and repair, reasonable ordinary wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors tear excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon shall repair any damage to the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether occasioned by the lapse installation or removal of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all 's trade fixtures, personal property, furnishings and equipment, wiring, cabling and signs paid for and installed by Tenant. Any property Damage to or deterioration of any Element of the Premises or any other item Tenant is required to repair or maintain at the Premises shall not so removed shall be deemed abandoned ordinary wear and shall become tear if the property same could have been prevented by good maintenance practices. If the Premises are not surrendered at the expiration of the term or earlier termination of this Lease in accordance with the provisions of this section, at Landlord; provided's option, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlordcontinue to be responsible for the payment of Base Rent and all other amounts due under this Lease until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum or resulting from the date of such demand delay and losses and damages suffered by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease Landlord due to the Communications Room are deleted effective as lost opportunities to lease any portion of the Effective DatePremises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On Tenant agrees that on the last day of the Term Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or upon cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by the lapse of time or otherwisesuch removal, all without compensation or credit and (ii) Landlord may, by notice to Tenant. At any time Tenant given not later than ninety (90) days prior to surrender the Expiration Date (except in the event of a termination of this Lease prior to the Leased Premises the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant may at Tenant's expense to remove any or all trade fixtures, personal property, equipment, wiring, cabling Alterations and signs paid for and installed to repair any damage caused by Tenantsuch removal. Any property of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord; provided. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, that and in accordance with the Landlord provisions of this Paragraph 11 and Paragraph 32(h) below, Tenant shall have continue to be responsible for the option payment of Rent (as the same may be increased pursuant to effect Paragraph 35 below) until the Premises are so surrendered in accordance with said removals Paragraphs, and Tenant shall pay Landlordindemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum or resulting from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease delay and losses to the Communications Room are deleted effective as Landlord due to lost opportunities to lease any portion of the Effective DatePremises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease Agreement (Finisar Corp)
Surrender. On the last day Tenant shall deliver up and surrender to Landlord possession of the Term of this Lease, or Demised Premises upon the sooner expiration or earlier termination thereofof the Term, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon broom clean, free of debris, in good order, condition and repair, reasonable wear state of repair and tear, casualty and damage caused by shall deliver the keys at the office of Landlord or Landlord's agents, employees or contractors exceptedto any other address as Landlord may designate. Alterations, additions, improvements Tenant shall cap and fixtures (other than trade fixtures) which may be made or tag any wiring and cabling installed by Tenant upon in the Leased Demised Premises. Tenant, at its expense, shall repair any damage occasioned to the Demised Premises or any portion of the Project by reason of installation or removal of any trade fixtures and other personal property. If Tenant fails to remove such items from the Demised Premises within five (5) days following Landlord's written demand therefor following such expiration or termination, then in any such event all such trade fixtures and other personal property shall remain thereupon become the property of Landlord without further act by either party hereto, unless Landlord elects to require their removal, in which case Tenant agrees to promptly remove same and shall remain upon restore the Demised Premises to its prior condition at Tenant's expense. All leasehold improvements to the Demised Premises by Tenant, including, but not limited to, the items furnished pursuant to Landlord's Work and be surrendered with the Leased Premises as a part thereofTenant's Work, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all but excluding trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of LandlordLandlord upon expiration or earlier termination of this Lease; provided, however, that Landlord may require the removal of Non-Standard Alterations designated by Landlord for removal in accordance with Section 14.4, above, in which event Tenant shall, at its expense, promptly remove such Non-Standard Alterations and repair any damage to the Demised Premises caused by such removal, which obligation shall survive the expiration or other termination of this Lease. Landlord shall have the option no right to effect said removals and require Tenant shall pay to remove any item of Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, 's Work or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to Work. The obligations of Tenant under this Section shall survive the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenantexpiration or other termination of this Lease.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On At the last day expiration of the Term or earlier termination of this Lease, or upon without the sooner termination thereofrequirement of any notice, Tenant shall peaceably and quietly surrender the Leased Premises including all alterations and additions thereto and all improvements thereon in good orderreplacements thereof, condition including carpeting, any water or electricity meters, and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and all fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all ’s trade fixtures, personal propertyvideo conferencing or IT equipment) and partitions, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord; provided) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions (other than cabling, that the Landlord which Tenant shall have the option always be required to effect said removals remove), and Tenant shall pay leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable - 33 - EAST\66392481.7 wear and tear. Notwithstanding the foregoing, Tenant shall not be required to remove Landlord’s Initial Construction shown on Exhibit B-1 attached hereto (other than any cabling associated therewith as set forth above). Tenant shall, on demand, the cost thereof, with interest at the rate time of termination, remove the goods, effects and trade fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10%) percent per annum from the date of such demand days after notice by Landlord, or the prime interest rate established same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the U.S. Bankevent that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, N.A.without notice, Madisonstore Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, Wisconsinif Landlord so elects, or its successors or assigns, whichever is higher.
9. All references Landlord may sell such personal property in accordance with the Lease previous sentence and apply the net proceeds to the Communications Room are deleted effective as earliest of the Effective Dateinstallments of Rent or other charges owing Landlord.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On the last day of the Term of this LeaseTerm, or upon on the sooner termination thereof, Tenant shall will peaceably and quietly surrender the Leased Premises in good condition and repair (ordinary wear and tear and damage by casualty excepted), consistent with Tenant's duty to make repairs as herein provided. Tenant will give written notice to Landlord at least 30 days prior to vacating the Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Premises. On or before the last day of the Term, or the date of sooner termination thereof, Tenant may, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises and repair all improvements thereon damage to the Premises caused by such removal. All property not removed will be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant not so removed from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft misappropriation or loss thereof, nor will Landlord be liable in any manner in respect thereto. Tenant will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation or storage of abandoned property and with respect to restoring such Premises to good order, condition and repair. All Leasehold Improvements and any other modifications, reasonable wear improvements, alterations, additions and tearfixtures, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than Tenant's trade fixtures) fixtures and equipment, which may be have been made or installed by either Landlord or Tenant upon the Leased Premises shall remain Premises, will become the property of Landlord on the last day of the Term or sooner termination thereof and shall remain upon and will be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury . Tenant will promptly surrender all keys for the Premises to Landlord at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans place then fixed for the Tenant's Improvements to payment of Rent and will inform Landlord of combinations on any vaults, locks and safes left on the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and TenantPremises.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Build to Suit Net Lease (Alliance Data Systems Corp)
Surrender. On or before the last day of the Term expiration or termination of this Lease, Tenant shall remove from the Premises: (i) all of its personal property, including any equipment and signage; and (ii) any improvements or alterations installed by Tenant which Landlord directs Tenant to remove (excepting the Initial Improvements). At the time of requesting Landlord's consent to an improvement or alteration, Tenant may request in writing that Landlord elect whether to require Tenant to remove such improvement or alteration upon expiration or termination of this Lease, and Landlord shall make such election at the sooner termination thereoftime of granting consent (or within 30 days after Tenant's request if the improvement or alteration does not require Landlord's consent). If Landlord fails to make such election, Landlord shall be deemed to have elected to have Tenant remove the improvement or alteration. With respect to the Initial Improvements, by notice given not later than six (6) months prior to the expiration of the initial term of this Lease, Landlord may require Tenant to demolish the interior improvements to any laboratory space, returning such space to a clean, capped and in good order Building Shell condition, and Tenant shall do so prior to expiration of the Lease, provided that Tenant's total monetary obligation for its out-of-pocket costs of such demolition and return to shell condition shall not exceed $[*] (and if such amount is not sufficient to adequately perform the task, Tenant shall peaceably consult with Landlord and quietly shall use such funds to perform such portions of the demolition task as Landlord directs). This demolition and return to shell condition obligation shall not apply if Tenant exercises its Renewal Option. If this Lease is terminated during its initial term for any reason other than Landlord's default, then this requirement shall apply, provided that if this Lease is terminated due to Tenant's default, Landlord may elect to simply collect the $[*] obligation in lieu of allowing Tenant to conduct such demolition and return to shell. If Tenant conducts the demolition and return to shell condition as provided above, Tenant shall be entitled to retain all items removed from the laboratory area of the Premises in the course of such work. In addition, on or before the expiration or termination of this Lease, Tenant shall: (i) repair any damage to the Premises caused by Tenant, including any damage caused by Tenant's removal of personal property, improvements or alterations, and (ii) surrender the Leased Premises and all improvements thereon in good orderorder and condition, condition and repairbroom clean, subject to reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by If Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit fails to Tenant. At remove any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipmentLandlord may either have it removed and stored in a public warehouse at the risk of Tenant (the expense of such removal, wiring, cabling storage and signs repairs necessitated by such removal shall be paid for and installed by Tenant. Any property not so removed shall be deemed ) or deem them abandoned and whereupon they shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, without payment or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higheroffset therefore.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On Section 16.1 Tenant shall, on the last day of the Term of this LeaseTerm, or upon the sooner termination thereofof the Term, quit and surrender to Landlord the Premises vacant, free of all Tenant shall peaceably Personal Property (subject to Landlord’s right to purchase the owned Tenant’s Personal Property or take an assignment of the leased Tenant’s Personal Property pursuant to Section 16.5 hereof), and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage from condemnation and from Tenant’s election not to restore after casualty, excepted, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.7 hereof; provided, however, that at the termination of the Lease, Tenant shall allow the successor tenant to use Tenant’s Personal Property for a reasonable period of time until such successor tenant is able to acquire replacements for such Tenant’s Personal Property, as long as the successor tenant shall pay Tenant the reasonable rental value for such use. Upon the expiration or earlier termination of this Lease, Landlord may, to the extent permitted by Applicable Law, cause the transfer of Health Care Licenses relating to the Facilities and the operation and management of the Facilities and leasing of the Premises to any replacement operator, manager or tenant of the Facilities designated by Landlord and seek the approval of Health Care Regulatory Agencies in connection therewith. In connection with such transfer, Tenant shall cooperate with Landlord (including, if required by Landlord, the execution and delivery of a transfer agreement reasonably acceptable to the parties,) and provide for, at Landlord’s expense, (i) the transfer to the successor tenant of: (A) all federal, state or municipal licenses, certifications, certificates, approvals, permits, variances, waivers, provider agreements and other authorizations certificates that are related to the operation of the Facilities to the extent same are transferable; and (B) all names associated with the Facilities as then known to the general public (but excluding any names that are Tenant Personal Property), (ii) the preparation and filing of all notices reasonably required by Applicable Law in connection with such termination and transfer of operations, (iii) provided that such successor tenant executes an agreement, in form and substance reasonably acceptable to such successor tenant and Tenant, confirming the obligations to maintain such charts and records for a period equal to the longer of the applicable statute of limitations or the period required by applicable laws, the delivery to the successor tenant of all patient charts and resident records along with appropriate patient and resident consents, if necessary, subject to applicable regulations, (iv) the delivery to the successor tenant of such inventories and supplies at commercially reasonable operating levels, upon Tenant’s receipt of payment therefor as otherwise provided in this Lease, and (v) the delivery of copies of all of Tenant’s books and records relating to the Facilities and their operations that are necessary to transition the Facilities to the successor tenant, to Landlord or the successor tenant, within a reasonable time so as to provide continuation of patient or resident care and minimize disruption. Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term. In the event that Tenant fails to surrender the Premises as aforesaid, in addition to the rights of Landlord under Section 16.3, Landlord shall have the right to exercise the applicable remedies upon the occurrence of an Event of Default. Tenant shall have the right, as long as no Event of Default has occurred and is continuing under this Lease, upon the expiration of the Term (but subject to (a) the temporary use by the successor tenant referred to above and (b) Landlord’s right to purchase the owned Tenant’s Personal Property or takes an assignment of the leased Tenant’s Personal Property pursuant to Section 16.5 hereof), to remove from the Premises all of Tenant’s Personal Property, whether or not the same be attached to the real estate, provided that Tenant shall at its own cost and expense reasonably restore and repair any damage to the Premises caused by the removal of Tenant’s Personal Property. Such removal shall be done upon reasonable advance notice, at a mutually convenient time approved by Landlord or Landlord's agentsand without disruption of the successor tenant’s business operations.
Section 16.2 Upon the expiration of the Term, employees or contractors excepted. Alterations, additions, improvements all Base Rent and fixtures (Supplementary Rent and other than trade fixtures) which may be made or installed items payable by Tenant under this Lease shall be apportioned to the date of termination.
Section 16.3 Tenant acknowledges that possession of the Premises must be surrendered to Landlord at the expiration or sooner termination of the term of this Lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the Base Rent and Supplementary Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that, subject to Section 16.4, if possession of the Premises is not surrendered to Landlord upon the Leased expiration or sooner termination of the term of this Lease, then, in addition to any other rights or remedies available to Landlord under this Lease, Tenant shall pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the term of this Lease, a sum equal to 125% of the aggregate of the Base Rent and Supplementary Rent which was payable under this Lease with respect to the last month of the term hereof. Nothing herein contained shall remain be deemed to permit Tenant to retain possession of the property Premises after the expiration or sooner termination of the term of this Lease; and in the event of any unauthorized holding over, Tenant shall indemnify each of the Indemnified Parties against all claims for damages by any other lessee or prospective lessee to whom Landlord and shall remain upon and be surrendered with may have leased all or any part of the Leased Premises as a part thereof, without disturbance, molestation effective before or injury at after the expiration or termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, however, that Tenant shall not be responsible for any consequential damages if Tenant surrenders the Premises within ninety (90) days after the expiration or sooner termination of the term of this Lease. If Tenant holds over in possession after the expiration or termination of the term of the Lease, such holding over shall not be deemed to extend the term or renew this Lease, but the tenancy thereafter shall continue as a tenancy from month to month upon the terms and conditions of this Lease at the Base Rent and Supplementary Rent as herein increased. Tenant hereby waives the benefit of any Applicable Law which would contravene or limit the provisions set forth in this Section 16.3. This provision shall survive the expiration or earlier termination of this Lease.
Section 16.4 Notwithstanding anything to the contrary contained in this Lease, if pursuant to Applicable Law, Tenant is required to continue to operate the Facilities after the Expiration Date, Tenant shall do so pursuant to Applicable Law, and Tenant shall continue to pay Landlord Base Rent and Supplementary Rent at the rates then in effect under this Lease (subject to the annual Base Rent increases set forth in Section 2.1(c) and Section 24.3). Landlord further agrees that if Tenant is required to continue the operation of any Facility pursuant to this Section 16.4, then at Tenant’s option, Tenant may continue to operate the balance of the Facilities until such time as Tenant is permitted to cease operations of all of the Facilities. The period of time pursuant to which Tenant continues to operate any Facility or Facilities pursuant to this Section 16.4 shall be referred to as the “Extended Operation Period”.
Section 16.5 At the expiration or earlier termination of the Lease, Landlord shall have the option right to effect (i) for no consideration, take an assignment of the lessee’s interest in all of the leased Tenant’s Personal Property free and clear of all liens and encumbrances (other than said removals lease) and (ii) purchase all of Tenant’s Personal Property free and clear of all liens and encumbrances for the fair market value thereof, which right must be exercised by Landlord upon irrevocable written notice to Tenant at least one hundred eighty (180) days prior to the expiration of the Term, or the Extended Operation Period, as applicable. For purposes of determining the fair market value of the owned Tenant’s Personal Property (“Personal Property Fair Market Value”), the following procedure shall apply:
(a) If Landlord has timely delivered the aforementioned notice, Tenant shall within fifteen (15) days deliver to Landlord a written notice of Tenant’s determination of the Personal Property Fair Market Value (the “Value Notice”).
(b) Within fifteen (15) days after Landlord’s receipt of the Value Notice, Landlord shall give Tenant a notice (“Landlord’s Value Response Notice”) electing either (i) to accept the Personal Property Fair Market Value set forth in the Value Notice, in which case the Personal Property Fair Market Value shall be as set forth in the Value Notice, or (ii) not to accept Tenant’s determination of the Personal Property Fair Market Value set forth in the Value Notice in which case Landlord’s Value Response Notice shall include Landlord’s determination of the Personal Property Fair Market Value, whereupon Landlord and Tenant shall pay endeavor to agree upon the Personal Property Fair Market Value on or before the date that is thirty (30) days after Tenant’s receipt of Landlord’s Value Response Notice. If Landlord and Tenant are unable to agree upon the Personal Property Fair Market Value within such 30-day period, on demandthen the Personal Property Fair Market Value shall be determined in accordance with Section 16.5(c) below. If Landlord fails to deliver Landlord’s Value Response Notice within the 15-day period following its receipt of Tenant’s Value Notice, Landlord shall be conclusively deemed to have rejected Tenant’s determination of the cost thereofPersonal Property Fair Market Value.
(c) If Landlord and Tenant shall fail to agree upon the Personal Property Fair Market Value within thirty (30) days of the date of Tenant’s receipt of Landlord’s Value Response Notice, with interest at the rate of then, within ten (10%) percent per annum from Business Days thereafter, Landlord and Tenant each shall give notice to the date other setting forth the name and address of an independent appraiser or consultant having at least 10 years experience in the business of appraising or determining the value of personal property comparable to Tenant’s Personal Property in the general location of the Premises. If either party shall fail to give notice of such demand designation within such 10 Business Day period, then the appraiser chosen shall make the determination alone. If two appraisers have been designated, such two appraisers may consult with each other and shall, not later than the 60th day after Tenant’s receipt of Landlord’s Value Response Notice choose either Landlord’s or Tenant’s determination of the Personal Property Fair Market Value by simultaneously giving written notice thereof to each of Landlord and Tenant, in which case the determination so chosen shall be final and binding upon Landlord and Tenant and their respective Affiliates. If such two appraisers shall fail to concur within such 30-day period, then such two appraisers shall, within the next ten (10) days, designate a third appraiser meeting the above requirements. The third appraiser shall, within thirty (30) days after its designation, choose either Landlord’s or Tenant’s determination (and no other) by simultaneously delivering to Landlord and Tenant signed and acknowledged original counterparts of his or her determination within 7 days thereof, which determination shall be final and binding upon Landlord and Tenant and their respective Affiliates. The determination of the appraisers pursuant to this Section 16.5(c) shall be deemed to be binding arbitration which may be confirmed by court order at the request of either Landlord or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherTenant. The parties shall thereafter execute and deliver any instruments of conveyance required to transfer Tenant’s Personal Property pursuant to such appraisers’ determination.
9(d) The fees, costs and expenses of each party’s appraiser shall be paid by such party. All references in The fees, costs and expenses of the Lease third appraiser shall be shared equally by Landlord and Tenant. If a decision is rendered by a single appraiser due to the Communications Room are deleted effective as other party’s failure to designate an appraiser, then the fees, costs and expenses of the Effective Date.
00. Xxxxx Plans for appraiser so rendering the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved decision shall be shared equally by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Master Lease (Griffin-American Healthcare REIT II, Inc.)
Surrender. On Upon the last day of the Term expiration or earlier termination of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord broom clean and all improvements thereon in good ordercondition, condition and repair, except for reasonable wear and tear, casualty damage from Casualty or a Taking not required to be repaired by Tenant, and damage caused Landlord’s repair and maintenance obligations; provided, however, that, except as otherwise notified by Landlord Landlord, Tenant shall, at its expense prior to the expiration or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the earlier termination of the Term of this Lease, whether by remove from the lapse Premises (a) any Alterations, and (b) all of time or otherwiseTenant’s Personal Property, including all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixturestelephone cables and wires, personal property, data and telephone equipment, wiringand any other form of Cabling serving the Premises, cabling and signs paid for and whether or not installed by Tenant. Any property damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant and, with respect to any Alterations, Tenant shall restore the affected portion of the Premises to its condition existing before the installation of such Alterations (or, at Landlord’s election, to a Building-standard tenant-improved condition as determined by Landlord). If Xxxxxx’s request for Xxxxxxxx’s approval of any proposed Alterations contains a request that Landlord identify the portion of such work that Landlord will require Tenant to remove as provided above, then Landlord will, at the time it approves the Alterations, identify such portion thereof, if any, that Landlord will require Tenant to so remove. If, however, at the time Landlord approves any Alterations, Landlord does not so removed for any reason identify the portion thereof required to be removed, Landlord shall be deemed abandoned and shall become the property of Landlord; provided, to have required that the Landlord shall have Alterations, to the option extent the same constitute Above-Standard Improvements, be removed prior to effect said removals and the expiration or termination of this Lease. Tenant shall pay Landlordnot be obligated to remove any of the Suite Improvements at the expiration or sooner termination of the Lease. If Tenant fails to perform its obligations under this Section 24.1 on or before the expiration or earlier termination of this Lease, on demandLandlord may do so at Tenant’s expense, the cost thereofin which event Tenant shall reimburse Landlord for such expense within thirty (30) days after written demand accompanied by reasonable supporting documentation, together with interest at the rate of ten (10%) percent per annum Default Rate from the date such expenses were incurred until so paid. Tenant’s obligations under this Section 24.1 shall survive the expiration or earlier termination of such demand by Landlordthis Lease. Upon the expiration or earlier termination of this Lease and of Tenant’s right to possession, Tenant shall surrender all keys to the Premises or any other part of the prime interest rate established by Building, and shall make known to Landlord the U.S. Bankcombination of locks on all safes, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references cabinets and vaults that may be located in the Lease to the Communications Room are deleted effective as of the Effective DatePremises.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On At the last day expiration of the Term or earlier termination of this Lease, or upon without the sooner termination thereofrequirement of any notice, Tenant shall peaceably and quietly surrender the Leased Premises including all alterations and additions thereto and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part replacements thereof, without disturbanceincluding carpeting, molestation any water or injury at electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and (which shall become the property of Landlord; ) except such alterations and additions as Landlord shall direct Tenant to remove including cabling (provided, , however, that Tenant shall not be directed to remove Tenant's Initial Construction or any subsequent Tenant Work installed with Landlord's approval unless, at the time of Landlord's approval of such Tenant Work, Landlord shall have specifically notified Tenant that Tenant would be directed to remove that Tenant Work from the option to effect said removals Premises at the expiration of the Term), and Tenant shall pay Landlordleave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1. Tenant shall, on demand, the cost thereof, with interest at the rate time of ten (10%) percent per annum from termination, remove the date goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.11, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises clean and tenantable. Should Tenant fail to remove any of such demand by Landlordgoods, or the prime interest rate established by the U.S. Bankeffects, N.A.and fixtures, MadisonLandlord may, Wisconsinafter notice, or its successors or assignshave them removed forcibly, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as if necessary, and store any of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to property in a public warehouse at the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and risk of Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and If such items are not modified removed from storage within thirty (30) days, such items may be sold by this First Amendmentany customary methods in order to pay storage costs and other expenses of Landlord. The expense of such removal, storage and reasonable repairs necessitated by such removal shall be borne solely by Tenant or at Landlord's election reimbursed by Tenant to Landlord.
Appears in 1 contract
Surrender. On Xxxxxx agrees on the last day of the Term of this LeaseLease Term, or upon the promptly following any sooner termination thereoftermination, Tenant shall peaceably and quietly to surrender the Leased Premises and all improvements thereon to Landlord in good order, the condition and repairreceived by Tenant, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agentsacts of God, employees or contractors excepted. Alterationscasualties, additionscondemnation, improvements and fixtures Hazardous Materials as defined in paragraph 18 hereof (other than trade fixtures) which may be those stored, used, generated, or disposed of by Tenant, its employees, agents, contractors and invitees in or about the Premises in violation of "Law" as defined in subparagraph 1l.X.x), and Alterations as defined in subparagraph 10.A made or installed by Tenant upon which Landlord has indicated that Tenant shall not be required to remove, excepted. Tenant agrees, at its sole cost, to remove all phone and data cabling from the Leased Premises suspended ceiling and repair or replace broken ceiling tilts, and relevel the ceiling if required. Tenant shall ascertain from Landlord within thirty (30) days before the Expiration Date (or promptly following any sooner termination of his Lease) whether Landlord will require Tenant to remove any Alterations made by Tenant at the Premises; provided that Landlord shall not require Tenant to remove any Alteration which Landlord has previously indicated may remain at the property of Premises. If Landlord shall so require, then Tenant shall remove such Alterations as Landlord may designate and shall remain upon repair any damage to the Premises occasioned by the removal before the Expiration Date or promptly following any sooner termination at Xxxxxx's sole cost and be surrendered with expense. On or before the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination end of the Lease Term of this Leaseor promptly following any sooner termination, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may shall remove all of its personal property and trade fixturesfixtures from the Premises, personal property, equipment, wiring, cabling and signs paid for all property and installed by Tenant. Any property fixtures not so removed shall be deemed to be abandoned and shall become by Tenant. If the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest Premises are not surrendered at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions end of the Lease shall remain Term or sooner termination of this Lease in full force and effect and are not modified the condition required by this First Amendmentparagraph, Tenant shall indemnify, defend and hold harmless Landlord against loss or liability resulting from delay by Xxxxxx in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay.
Appears in 1 contract
Samples: Sublease Agreement (Actionpoint Inc)
Surrender. On Upon the last day of the Term expiration of this LeaseSublease, or upon the sooner termination thereofof the Prime Lease or of the Subtenant's right to possession of the Premises, Tenant shall peaceably Subtenant will at once surrender and quietly surrender deliver up the Leased Premises and Premises, together with all improvements thereon thereon, to Sublandlord in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors tear excepted. AlterationsConditions existing because of Subtenant's failure to perform maintenance, additionsrepairs or replacements as required of Subtenant under this Sublease shall not be deemed "reasonable wear and tear." Said improvements shall include all plumbing, improvements lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (other than trade fixtures) as distinguished from operations incident to the business of Subtenant). Subtenant shall surrender to Sublandlord all keys to the Premises and make known to Sublandlord the combination of all combination locks which may be made Subtenant is permitted to leave on the Premises. All Alterations in or installed by Tenant upon the Leased Premises made by Subtenant shall remain the property become a part of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereofupon such termination without compensation, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation allowance or credit to TenantSubtenant; provided, however, that Sublandlord shall have the right to require Subtenant to remove any Alterations made by Subtenant, or portion thereof. At Said right shall be exercisable by Sublandlord's giving written notice thereof to Subtenant on or before thirty (30) days prior to such expiration or on or before twenty (20) days after such termination. Subtenant shall also remove any Alterations made by Subtenant, or portion thereof, which Prime Landlord may require Sublandlord to remove, pursuant to the terms of the Prime Lease. In any such event, Subtenant shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Sublandlord or Prime Landlord requires removal of any Alteration made by Subtenant, or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, 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. As between Sublandlord and Subtenant, Subtenant shall not be required to remove any Alterations performed by Sublandlord prior to the Commencement Date or to restore the Premises to their condition prior to the making of such Alterations. If, however, the term of the Sublease expires at or about the date of the expiration of the Prime Lease, and if Sublandlord is required under or pursuant to the terms of the Prime Lease to remove any Alterations performed prior to the Commencement Date, Subtenant shall permit Sublandlord to enter the Premises, upon reasonable notice for a reasonable period of time prior to surrender the expiration of the Leased Premises the Tenant Sublease, subject to such conditions as Subtenant may remove all trade fixturesreasonably impose, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to purpose of removing its Alterations and restoring the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and TenantPremises as required.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Sublease (Aquantive Inc)
Surrender. On Tenant agrees that on the last day of the Term Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or upon cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (specifically excluding, however, any alterations or improvements made to the Premises by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time previous tenant prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling Commencement Date) and signs paid for and installed to repair any damage caused by Tenantsuch removal. Any property of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall become remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord; provided. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, that and in accordance with the Landlord provisions of this Paragraph 12 and Paragraph 33(h) below, Tenant shall have continue to be responsible for the option payment of Rent (as the same may be increased pursuant to effect Paragraph 36 below) until the Premises are so surrendered in accordance with said removals Paragraphs, and Tenant shall pay Landlordindemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum or resulting from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease delay and losses to the Communications Room are deleted effective as Landlord due to lost opportunities to lease any portion of the Effective DatePremises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On or before the last day termination of this lease, LESSEE shall remove all of LESSEE's goods and effects from the leased premises, and shall deliver to LESSOR actual and exclusive possession of the Term leased premises and all keys and locks thereto. At any time during the term of this Leaselease, LESSEE may remove (a) any equipment, machinery, furniture or other personal property supplied or installed by LESSEE, and (b) any fixtures or other additions or improvements installed or made by LESSEE which are listed in the mutually agreed upon the sooner termination thereofExhibit C attached hereto, Tenant shall peaceably and quietly surrender the Leased Premises provided LESSEE is not then in arrears of any rent or invoice payments or otherwise in default of this lease, repairs any and all improvements thereon in good orderdamage resulting from such removal, and restores the leased premises to its condition and repairprior to the installation of said items, reasonable wear and teartear excepted. Only if so designated on Exhibit C, casualty any such removal, repair and restoration shall include, at LESSOR's option, the removal of any system, if so designated for removal on Exhibit C, serving the equipment or machinery installed by LESSEE, including without limitation, any piping, conduits, chases, ductwork, rooftop equipment, wiring and/or other components serving or dedicated to said equipment or machinery. LESSEE must complete all such removal, repair, restoration and other work prior to the termination date of this lease, and the leased premises shall not be considered surrendered to LESSOR until LESSEE has fully complied with all the provisions of this Section 27. Notwithstanding the foregoing, prior to termination of this lease, LESSEE shall remove or tag for future use any and all wiring and cabling installed and/or used by LESSEE. LESSEE shall deliver the leased premises fully sanitized from any chemicals or other contaminants, broom clean, and in at least the same condition as they were at the commencement of the lease or any prior lease between the parties for the leased premises, or as they were modified during said term with LESSOR's written consent, reasonable wear and tear and damage caused by Landlord from casualty or Landlordcondemnation only excepted, and LESSEE shall be deemed to be encumbering the leased premises until it delivers the leased premises to LESSOR in the condition required under this lease. Any of LESSEE's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant property that remains in the leased premises upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed lease shall be deemed abandoned and shall become the property be disposed of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereofas LESSOR sees fit, with interest no liability to LESSEE for loss or damage thereto, and at the rate sole risk of ten LESSEE. LESSOR may remove and store any such property at LESSEE's expense; retain same under LESSOR's control; sell same at public or private sale (10%without notice) percent per annum from and apply the date net proceeds of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease sale to the Communications Room are deleted effective payment of any sum due hereunder; or destroy same. In no case shall the leased premises be deemed surrendered to LESSOR until the termination date provided herein or such other date as may be specified in a written agreement between the parties, notwithstanding the delivery of the Effective Dateany keys to LESSOR.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. SECTION 21.01 On the last day of the Term of this Lease, Expiration Date or upon the sooner termination thereofof this Lease or upon any re-entry by Landlord upon the Premises, Tenant shall peaceably shall, at its sole cost and quietly surrender expense, quit, surrender, vacate and deliver the Leased Premises to Landlord "broom clean" and all improvements thereon in good order, condition and repairrepair except for ordinary wear, reasonable wear and tear, casualty tear and damage caused by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant's Property and all personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made disposed of in such manner as Landlord may see fit. If such Tenant's Property or installed by Tenant upon other personal property or any part thereof shall be sold, Landlord may receive and retain the Leased Premises shall remain proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant's Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
SECTION 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under Section 21.01 shall be performed on or prior to the immediately preceding business day.
SECTION 21.03 Tenant expressly waives, for itself and shall remain for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 22.01 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article.
SECTION 21.04 If the Premises are not surrendered upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the lapse of time Premises, including any claims made by any succeeding tenant or otherwise, all without compensation or credit to Tenant. At any time prior to surrender prospective tenant founded upon such delay.
SECTION 21.05 In the event Tenant remains in possession of the Leased Premises after the Tenant may remove all trade fixturestermination of this Lease without the execution of a new lease, personal propertyTenant, equipmentat the option of Landlord, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned to be occupying the Premises as a tenant from month to month, at a monthly rental equal to three times the Fixed Rent and shall become Additional Rent payable during the property last month of Landlord; providedthe Term, that subject to all of the Landlord shall have other terms of this Lease insofar as the option same are applicable to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is highera month-to-month tenancy.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the SECTION 21.06 Tenant's Improvements to obligations under this Article shall survive the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenanttermination of this Lease.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Lease (Asi Solutions Inc)
Surrender. On or before the last day of the Term expiration or termination of this Lease, Tenant shall remove from the Premises: (i) all of its personal property, including any equipment and signage; and (ii) any improvements or alterations installed by Tenant which Landlord directs Tenant to remove (excepting the Initial Improvements). At the time of requesting Landlord's consent to an improvement or alteration, Tenant may request in writing that Landlord elect whether to require Tenant to remove such improvement or alteration upon expiration or termination of this Lease, and Landlord shall make such election at the sooner termination thereoftime of granting consent (or within 30 days after Tenant's request if the improvement or alteration does not require Landlord's consent). If Landlord fails to make such election, Landlord shall be deemed to have elected to have Tenant remove the improvement or alteration. With respect to the Initial Improvements, by notice given not later than six (6) months prior to the expiration of the initial term of this Lease, Landlord may require Tenant to demolish the interior improvements to any laboratory space, returning such space to a clean, capped and in good order Building Shell condition, and Tenant shall do so prior to expiration of the Lease, provided that Tenant's total monetary obligation for its out-of-pocket costs of such demolition and return to shell condition shall not exceed $300,000 (and if such amount is not sufficient to adequately perform the task, Tenant shall peaceably consult with Landlord and quietly shall use such funds to perform such portions of the demolition task as Landlord directs). This demolition and return to shell condition obligation shall not apply if Tenant exercises its Renewal Option. If this Lease is terminated during its initial term for any reason other than Landlord's default, then this requirement shall apply, provided that if this Lease is terminated due to Tenant's default, Landlord may elect to simply collect the $300,000 obligation in lieu of allowing Tenant to conduct such demolition and return to shell. If Tenant conducts the demolition and return to shell condition as provided above, Tenant shall be entitled to retain all items removed from the laboratory area of the Premises in the course of such work. In addition, on or before the expiration or termination of this Lease, Tenant shall: (i) repair any damage to the Premises caused by Tenant, including any damage caused by Tenant's removal of personal property, improvements or alterations, and (ii) surrender the Leased Premises and all improvements thereon in good orderorder and condition, condition and repairbroom clean, subject to reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by If Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit fails to Tenant. At remove any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipmentLandlord may either have it removed and stored in a public warehouse at the risk of Tenant (the expense of such removal, wiring, cabling storage and signs repairs necessitated by such removal shall be paid for and installed by Tenant. Any property not so removed shall be deemed ) or deem them abandoned and whereupon they shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, without payment or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higheroffset therefore.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Surrender. On Upon the last day of the Term termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon termination of Tenant's right to possession of the sooner termination thereofLeased Premises, Tenant shall peaceably will at once surrender and quietly surrender deliver up the Leased Premises and Premises, together with all improvements thereon Improvements thereon, to Landlord, broom swept, in good order, condition and repair, reasonable wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required herein, or because of Tenant's particular use of the Leased Premises (even if permitted pursuant to Section 1.4(a) hereof), shall not be deemed "reasonable wear and tear". Tenant shall deliver to Agent all keys to all doors therein. As used herein, casualty the term "Improvements" shall include, without limitation, all plumbing, lighting, electrical, heating, cooling and damage caused by Landlord ventilating fixtures and equipment, and all Alterations (as said term is defined in Section 9.2 hereof) whether or Landlord's agents, employees or contractors exceptednot permitted under Section 9.2. All Alterations, additionstemporary or permanent, improvements and fixtures (other than trade fixtures) which may be made in or installed by Tenant upon the Leased Premises by Tenant shall remain the become Landlord's property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereofon any such termination without compensation, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation allowance or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, however, that the Landlord shall have the option right to effect said removals require Tenant to remove any Alterations and restore the Leased Premises to their condition prior to the making of such Alterations, repairing any damage occasioned by such removal and restoration. Said right shall be exercised by Landlord giving written notice thereof to Tenant on or before ninety (90) days after such termination. If Landlord requires removal of any Alterations and Tenant does not make such removal in accordance with this Section at the time of such termination, or within ten (10) days after such request, whichever is later, Landlord may remove the same (and repair any damage occasioned thereby), and dispose thereof or, at its election, deliver the same to any other place of business of Tenant or warehouse the same. Tenant shall pay Landlordto Landlord the costs of such removal, repair, delivery and warehousing on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Industrial Building Lease (Amcraft Building Products Co Inc)
Surrender. On the last day Expiration Date or sooner termination of the Term of this Lease, or upon reentry by Sublessor upon the sooner termination thereofPremises, Tenant Sublessee shall peaceably surrender, vacate and quietly surrender deliver to Sublessor the Leased Premises Premises, including all buildings, other structures and improvements thereon, and any and all improvements thereon additions, alterations and replacements thereto, "broom clean" and in good order, condition and repair, reasonable repair except for ordinary wear and teardamage by fire or other casualty, casualty to the extent Sublessee is not required to restore the same pursuant to Paragraph 15 hereof, and except for damage caused by Landlord the grossly negligent or Landlord's agentswilful misconduct of Sublessor, employees its agents or contractors exceptedemployees, or which result from any condemnation, to the extent Sublessee is not required to restore any condemned improvements under the provisions of this Sublease. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant If the Premises are not surrendered upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation Expiration Date or injury at the sooner termination of the Term, such holding over shall not be deemed to extend the Term or renew this Sublease or to have created or be construed as a tenancy. However, Sublessee shall pay, until such time as Sublessee complies with this Paragraph 25, in monthly installments in advance, on the first day of each and every month of such holding over, (a) one and one-half (1-1/2) times the monthly installment of Basic Rent payable during the last month of the Term; and (b) all other Percentage Rent and Additional Rent due under this Sublease. In addition to such monthly installments to be paid by Sublessee during such holdover, to the extent Sublessee holds over more than one (1) month, Sublessee hereby indemnifies Sublessor against liability resulting from delay by Sublessee in so surrendering the Premises, including any claims made by any succeeding tenant or prospective tenant founded upon such delay, but only if Sublessor provided written notice to Sublessee, prior to the scheduled expiration date of this LeaseSublease, whether that it was required to deliver the Premises to a succeeding or prospective tenant by a specified date. Sublessee's obligations under this Paragraph 20 shall survive the lapse of time expiration or otherwise, all without compensation or credit to Tenant. At any time prior to surrender sooner termination of the Leased Premises the Tenant may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higherTerm.
9. All references in the Lease to the Communications Room are deleted effective as of the Effective Date.
00. Xxxxx Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not modified by this First Amendment.
Appears in 1 contract
Samples: Sublease (KSL Recreation Group Inc)
Surrender. On Subtenant shall, on or before the last day of the Term of this LeaseExpiration Date, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may remove all trade fixtures, of Subtenant’s personal property, equipmentfurniture, wiringtrade fixtures and other equipment from the Subdemised Premises, cabling provided that the removal of the same does not adversely affect the Subdemised Premises, Building structure, or any Building operating system or is not prohibited by the Master Lease, and signs paid for and installed that Subtenant promptly repairs any damage to the Subdemised Premises, Building structure, or Building operating system caused by Tenantsuch removal pursuant to the requirements of the Master Lease. Any property not so removed In the event that Subtenant fails to remove any such items as required by this Section 4.3 by the Expiration Date, all such items remaining on the Subdemised Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall become also be responsible for the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlordremoval, on demandor before the Expiration Date, of all alterations as required under the cost thereofMaster Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any associated repair or restoration of the Subdemised Premises as required under the Master Lease. In all other respects, with interest at Subtenant shall deliver the rate of ten (10%) percent per annum from the date of such demand by LandlordSubdemised Premises broom clean, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or in its successors or assigns, whichever is higher.
9. All references in the Lease to the Communications Room are deleted effective condition as of the Effective Commencement Date.
00, reasonable wear and tear and casualty and condemnation excepted. Xxxxx Plans for In no event shall Subtenant remove any of the Tenant's Improvements plumbing, electrical, data lines, or HVAC system(s) except as otherwise required pursuant to this Section 4.3. Subtenant shall vacate and deliver possession of the Subdemised Premises, free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’s part, and free and clear of any and all violations of any law, rule or regulations of any federal, state, municipal or other agency or authority by reason of Subtenant’s actions or failures arising on or after the Commencement Date to fulfill any of its obligations under this Sublease (“Violations”). Subtenant shall indemnify Sublandlord against any and all loss, expense, damage, costs or reasonable attorneys’ fees arising out of Violations first occurring any time on or after the Commencement Date to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant.
11. Except as amended by this First Amendmentextent of Subtentant’s responsibility therefor, all other terms and conditions except for those Violations arising out of the Lease shall remain in full force acts or omissions of Sublandlord and effect and are not modified by this First AmendmentSublandlord Parties.
Appears in 1 contract