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Common use of Surrender Clause in Contracts

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 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 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.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Dean & Deluca Inc)

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Surrender. Upon the expiration or earlier termination of this LeaseLease for any reason, Tenant shall surrender the 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 interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all Tenant Improvements floors cleaned and Alterations to Landlord broom-clean and in their original conditionwaxed, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior all to the expiration or termination reasonable satisfaction of this Lease Landlord. Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises and the Project all of Tenant's trade fixtures, furniture, moveable equipment and other personal property property, and any Trade Fixtures and all Alterations that which Landlord has elected elects to require Tenant be removed pursuant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS5.3, and repair any shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by such removalthe installation or removal of any of the foregoing items. If Tenant does not timely remove such removal is not completed before property, then Tenant shall be conclusively presumed to have, at Landlord's election: (a) conveyed such property to Landlord without compensation or (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 expiration property, and without liability to Tenant or termination of the Term, any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the right costs of: (but no obligationi) to remove removal of any such Alterations or personal property, (ii) storage, transportation, and disposition of the same, and Tenant shall pay Landlord on demand for all costs of removal (iii) repair and storage thereof and for the rental value restoration of the Premises for Premises, together with interest thereon at the period Interest Rate from the end date 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 notice from Landlord (in which event title to all such property described in expenditure by 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 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.

Appears in 2 contracts

Samples: Lease (Trimble Navigation LTD /Ca/), Lease Agreement (Trimble Navigation LTD /Ca/)

Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good 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 (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable Premises. Normal wear and tear, damage from casualty or condemnation for the purposes of this Lease, shall be construed to mean wear and any changes resulting from approved Alterations; provided, however, that prior tear caused to the expiration Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or termination deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender 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 such removal. If such removal is not completed before the expiration or termination of the TermLease, Landlord shall have the right (but no obligationoption of terminating all existing subleases or accepting any sublease(s) 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 as a direct lease 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 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 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 Leaseleases.

Appears in 2 contracts

Samples: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)

Surrender. Upon the expiration or earlier termination of this Lease, --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionfloors cleaned, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior all to the expiration or termination reasonable satisfaction of this Lease Landlord. 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 all of Tenant's alterations required to be removed pursuant to Section 5E, and all Alterations that Landlord has elected restore the Premises to require its condition prior to their installation. If Tenant fails to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSany alterations and/or Tenant's personal property, and repair any damage caused by such removal. If such removal is not completed before failure continues after the expiration or termination of the Termthis Lease, 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 may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if in public storage for Tenant's account. Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred liable 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 costs of removal of any such property. Upon expiration or termination of this Lease or of alterations and Tenant's possessionpersonal property and storage and transportation costs of same, whichever is earliestand the cost of repairing and restoring the Premises, Tenant shall surrender all keys to together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises or any other part of are not so surrendered at 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, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 2 contracts

Samples: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)

Surrender. Upon No act by Landlord will be an acceptance of a surrender of the Property, and no agreement to accept a surrender of the Property will be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant’s right to possess the Property (subject to the Wind-Down Period, as provided below), Tenant shall: (a) deliver to Landlord the Property with all Improvements located thereon in good repair and condition, reasonable wear and tear excepted (subject however to Tenant’s maintenance obligations), and (b) deliver to Landlord all keys, security codes and similar access controls to the Property. Tenant, at its sole cost and expense, shall promptly remove all Personal Property owned by Tenant and Tenant Removables from the Property. Additionally, Tenant, without notice from Landlord, shall remove all Hazardous Materials if required under Legal Requirements and all additions, alterations, improvements, machinery and movable and nonmovable fixtures relating to the use, testing or storage of Hazardous Materials in compliance with all Legal Requirements prior to the expiration of the Term. All items required to be removed hereunder and not so removed will, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items, and Tenant shall pay for the expenses and costs incurred by Landlord in connection therewith, whether for such removal or the restoration of damages resulting from such removal. On or before the expiration or earlier termination of this Lease, Tenant shall surrender the Premises cause any Leasehold Mortgages to be fully released and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 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 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 Leasedischarged.

Appears in 2 contracts

Samples: Ground Lease, Ground Lease

Surrender. Upon Section 24.01. On the expiration last day or sooner termination of this the Lease, Tenant shall quit and surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-clean clean, in good condition and in their original conditionrepair, together with all alterations, additions and improvements which may have been made in, on, or to the Demised Premises, except for reasonable wear and tear, damage from casualty movable furniture or condemnation and any changes resulting from approved Alterations; unattached movable trade fixtures put in at the sole expense of the Tenant (provided Tenant has not been in default under this Lease) 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 ascertain 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 such removal. If such removal is not completed at least thirty (30) days before the expiration or 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 whether Landlord desires to have the Demised Premises, or any part thereof, restored to the condition in which it was originally delivered to Tenant, and if Landlord shall so desire, then Tenant, at its own cost and expense, shall restore the same before the end of the time reasonably required for such removalTerm. Landlord shall also have shall, in response to Tenant's request, or otherwise, advise Tenant as to the right repairs and restoration to retain or dispose be undertaken by Tenant prior to the expiration 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 notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord)Lease Term. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removalshall, storageat least six (6) months before the end of the Term, retention, or disposition advise the New Jersey Department of any such property. Upon expiration or Environmental Protection and Energy of the termination of this Lease or of Tenant's possessionuse of the premises, whichever and file, with said Department, such information, affidavits, forms, remedial action work plan and such other information as said Department may require and undertake such action or work as required by the Department of Environmental Protection and Energy pertaining to Tenant's use and occupancy of the premises as it relates to remedial action or a remedial action work plan for the removal of hazardous substances and wastes that remain on the premises demised by reason thereof. Tenant agrees upon termination of the lease, the air-conditioning, cooling systems, heating equipment and plumbing and electrical systems shall be in good, operable condition. All light fixtures and bulbs shall be operable, cleaned and in good working order, rugs cleaned, and the warehouse floor washed and sealed. Tenant shall obtain from Landlord Landlord's approval as to the sealer used by Tenant. The condition of the building and premises shall be in such a condition upon surrender as though the premises were used exclusively for warehousing and offices, and the Tenant made all repairs and replacements as were necessary during the term of the Lease so that after surrender, the building and premises are in good condition and ready to be re-rented. Tenant and Landlord understand that during the term of this Lease, the building and its equipment may be subject to reasonable wear and tear. However, Landlord and Tenant specifically agree that wear and tear shall not excuse Tenant from undertaking its repair and maintenance obligations, and the provisions as herein provided, by way of example, that the various systems shall be in good operating condition, are intended to be the standard by which the building and its systems shall be returned to Landlord by Tenant. If the Demised Premises is earliestnot surrendered as and when aforesaid, Tenant shall surrender all keys to indemnify Landlord against loss or liability resulting from the Premises or delay by Tenant in so surrendering the premises including, without limitation, any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks claims made by any succeeding occupant founded on all safes, cabinets and vaults that may be located in the Premisessuch delay. Tenant's obligations under this Section section shall survive the expiration or sooner termination of the Term. In the event Tenant, prior to termination of the Lease, fails to comply with the Rules and Regulations of the Department of Environmental Protection of the State of New Jersey or other applicable Federal agencies having jurisdiction over the storage or use of hazardous substances then, Tenant, at the option of the Landlord, shall be deemed to be occupying the Demised Premises as a tenant from month-to-month, at the monthly rental indicated below. In the event Tenant remains in possession of the Demised Premises after the expiration of the term and without execution of a new Lease, or, Tenant fails to restore the premises, or fails to comply with its other obligations which must be complied with prior to the termination date of the Lease, then Tenant, at the option of the Landlord, shall be deemed to be occupying the Demised Premises as a tenant from month-to-month, at the monthly rental equal to the higher of 150% of market rent plus one-twelfth (1/12th) of all items of Additional Rent such as, but not limited to, taxes, insurance payable or paid during the last lease year or, four (4) times the sum of (i) the Basic Rent payable for the last month of the Term under Article 3 hereof and, (ii) one twelfth (l/12th) of all items of Additional Rent, such as, but not limited to, taxes, insurance payable or paid during the last lease year. Tenant shall on a date no later than six (6) months prior to the termination date of this Lease obtain from the New Jersey Department of Environmental Protection and Energy ("DEPE") a non-applicability letter and/or a de minimis quantity exception and/or a negative declaration approval and/or a written determination by DEPE that there are no discharged hazardous materials at the site that occurred during the Lease Term and, if any had occurred, have been remedied in accordance with applicable regulations, such determination presently referred to as a No Further Action letter ("NFA"). If Tenant obtains a non-applicability exemption or otherwise is not required to undertake sampling then Tenant shall, at Landlord's option, hire a consultant satisfactory to Landlord to undertake sampling in a manner consistent with applicable environmental law sufficient to determine whether or not Tenant's operations have resulted in any spill or discharge of hazardous substances or waste at the premises. Should the sampling reveal any spills or discharges of a hazardous substance or waste which occurred during the Lease Term, then Tenant shall, at Tenant's expense, promptly clean up the premises to the satisfaction of the applicable governmental agencies which have jurisdiction of the matter and to the reasonable satisfaction of the Landlord. If Tenant shall fail to comply with the preceding sentence of this subparagraph prior to termination of the Lease, then Tenant's obligations to pay rent and additional rent shall continue until the earlier of either Landlord rerenting the Premises and a new tenant takes occupancy and commences to pay rent, or such date as Tenant shall comply with the foregoing, such rent to be computed as though the Tenant was occupying the demised premises as a Tenant from month to month as otherwise set forth in the preceding paragraph.

Appears in 2 contracts

Samples: Lease Agreement (Inter Parfums Inc), Lease Agreement (Jean Philippe Fragrances Inc)

Surrender. Upon In addition to the requirements set forth in Section 9.5, Airline covenants and agrees to surrender and deliver to the City all areas and facilities that Airline uses or occupies on or at the Airport upon expiration or earlier termination of this LeaseAgreement in as good condition as on the Effective Date (or in the case of improvements or alterations made or fixtures installed subsequent thereto, Tenant shall surrender then as of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditiondate of such improvements, except for alterations, or fixtures were made or installed), reasonable wear and tear, and damage from casualty or condemnation and any changes resulting from approved Alterations; providedthat is not due to Airline excepted. If, however, that prior to the upon such expiration or termination earlier termination, Airline shall fail to remove any personal property on or before the date of this Lease Tenant shall termination, the City may following written notice, but without the obligation to do so, remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's said personal property and hold them for the owners thereof, or may place the same in a public warehouse, all at the expense and risk of the owners thereof. Airline shall reimburse the City for any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided reasonable expense incurred by the City in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage caused by such removal. If connection with such removal is not completed before and storage. In addition, the expiration or termination of the Term, Landlord City shall have the right (right, but no not the 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 as waste, or sell such costs stored property and retrieve the property within ten (10) days after notice from Landlord (in which event title to all proceeds of such property described in Landlord's notice sale shall be transferred applied; first, to the cost of the sale; second, to the payment of charges for storage and vest in Landlord)removal; third, to the payment of Fees and Charges or any other obligation that may then be due from Airline to the City; and the remaining balance, if any, shall be paid to the City. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's If the expenses of such removal, storage, retentiondisposal and sale shall exceed the proceeds of sale, or disposition of Airline shall pay such excess to the City upon demand. Airline shall indemnify, defend, release and hold harmless the City from any such property. Upon and all damage, cost and expenses related to said removal, storage, disposal and sale, which obligations shall survive expiration or earlier termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the 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 LeaseAgreement.

Appears in 2 contracts

Samples: Cargo Operating Agreement, Cargo Operating Agreement

Surrender. Upon Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all interior painted surfaces repainted in the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment servicing only the Premises in operating order and in good repair, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (to the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and the transportation and storage costs of such items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall surrender indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises and all Tenant Improvements and Alterations Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior due 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 lost opportunities to require Tenant lease to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSsucceeding tenants, and repair any damage caused by such removalattorneys' fees and costs. If such removal is not completed before the expiration or 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 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 All keys to the Premises or any other part thereof shall be surrendered to Landlord upon expiration or sooner termination 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 LeaseLease term.

Appears in 2 contracts

Samples: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group Inc)

Surrender. Upon At the expiration or termination of this LeaseLease (including any renewal or extension) or the sooner termination thereof, Tenant shall surrender the Premises to Landlord, together with all additions, alterations and all Tenant Improvements and Alterations to Landlord broom-improvements thereto, in broom clean condition and in their original condition, good order and repair except for reasonable ordinary wear and tear, casualty damage from casualty or condemnation not caused by Tenant, and any changes resulting from approved Alterations; providedLandlord’s maintenance obligations. Nothing herein, however, that prior shall prohibit Tenant from removing any of its computers, voice and data network components, phone system components, phone switch, TV’s and other video equipment, satellite antennae, office equipment, furniture, office supplies, storage racks compressors, vacuum, wastewater and manufacturing equipment and other personal property (collectively “Tenant Equipment”) in accordance with the terms of this Lease. Tenant shall repair any damage to the Premises caused by the removal of such Tenant Equipment. Any Tenant Equipment not removed by Tenant as permitted herein shall be deemed abandoned thirty (30) days after 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 such removal. If such removal is not completed before the expiration or earlier termination of the TermLease, and may be stored, removed and disposed of by Landlord in its discretion, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention or disposal of same. Tenant shall have be entitled to no payment or offset for the right value of any abandoned property (but no obligationeven if sold by Landlord) to remove the same, and Tenant shall pay Landlord on demand all reasonable costs incurred by Landlord in connection with such removal or disposal. No retention, disposal or sale of such abandoned property shall limit remedies otherwise available to Landlord hereunder for all costs a breach of removal and storage thereof and for the rental value this Agreement by Tenant. All obligations of Tenant hereunder not fully performed as of the Premises for the period from the end termination or expiration 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 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 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 such termination or termination of this Leaseexpiration, until they are performed.

Appears in 2 contracts

Samples: Industrial Lease Agreement (Luna Innovations Inc), Industrial Lease Agreement (Luna Innovations Inc)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 shall, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all Alterations (other than standard office improvements) that Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS Tenant Improvements & ALTERATIONSAlterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 notice from Landlord (in which event title to all such property described in Landlord's ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is 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 Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (FireEye, Inc.)

Surrender. Upon the expiration or earlier termination of this Lease for any reason, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord; provided in no event shall Tenant be required to return the Premises in better condition than received (except for the Tenant Improvements and other improvements and alterations made to the Premises by Tenant after the delivery of the Premises to Tenant). Tenant shall remove from the Premises and the Enclosure Area all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises and Enclosure Area to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender the Premises indemnify Landlord against all loss or liability, including attorneys' fees and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditioncosts, 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 delay 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 such removal. If such removal is not completed before the expiration or 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 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 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 so surrendering the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Zilog Inc)

Surrender. Upon Subject to the expiration provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination of this Lease), Tenant shall quit and surrender possession of the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-clean in as good order and condition as they were in their original conditionon the applicable Term Commencement Date, except for reasonable wear and tear, damage from casualty or the Tenant Improvements, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any changes resulting from approved Alterations; provideddamage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, howeverwithout cost to Landlord, that prior to the expiration or termination of this Lease Tenant shall remove all telephone furniture, equipment, trade fixtures, debris and other cabling installed articles of personal property owned by Tenant 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 & ALTERATIONSLeased Premises, and shall repair any damage caused by to the Project resulting from such removal. If Any such removal is property not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and removed by 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 by the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain Expiration Date (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 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 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 earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Office Building Net Lease (Evolve Software Inc)

Surrender. (a) Upon the expiration or earlier termination of this Lease for any reason, it is Tenant's obligation to surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted (the "Required Condition"). Except for the removal of Tenant's personal property and trade fixtures, which Tenant shall remove at its sole expense, Landlord shall perform, at the cost and expense of Tenant, the work necessary to restore the Premises to the Required Condition. Tenant shall pay the cost of performing the work necessary to restore the Premises to the Required Condition, together with a construction management fee equal to five percent (5%) of such costs and interest at the Interest Rate from the date of expenditure by Landlord, within ten (10) business days after receiving Landlord's invoice for such work. (b) Restoring the Premises to the Required Condition shall include but not be limited to the following: all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, all floors cleaned and waxed and, if Tenant has performed any alterations which Landlord does not elect to retain the removal of such alterations and the restoration of the Premises to its condition prior to their installation. To the extent the cost of restoring the Premises to the Required Condition is increased due to Landlord's failure to maintain the Premises in accordance with the terms of this Lease, Tenant shall surrender not be responsible for such excess cost. (c) If Tenant fails to remove any personal property, and such failure continues after the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the TermLease, 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 may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if in public storage for Tenant's account. Tenant does not pay shall be liable to Landlord for all costs of removal of Tenant's personal property and storage and transportation costs of same, together with a construction management fee equal to five percent (5%) of such costs and retrieve interest at the property within ten Interest Rate from the date of expenditure by Landlord. (10d) 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 If the Premises are not surrendered at the termination of this Lease or of Tenant's possession, whichever is earliestin accordance with this Section 16, Tenant shall surrender indemnify Landlord against all keys to the Premises loss or any other part of the Building liability, including attorneys' fees and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safescosts, cabinets and vaults that may be located resulting from delay by Tenant in so surrendering the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Loudcloud Inc)

Surrender. Upon On the Expiration Date or upon the termination hereof on a day other than the Expiration Date, Tenant shall peaceably surrender the Demised Premises broom-clean in good order, condition and repair, reasonable wear and tear and loss by fire or other casualty only excepted. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all trade fixtures, personal property, equipment and signs, from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than (i) trade fixtures, (ii) any alterations or fixtures that are unique and not customary for office space that will be removed by Tenant at Landlord's request, and (iii) fixtures that are described in Article 25 that will be removed) which shall have been made or installed by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or of termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall surrender the Premises and all Tenant Improvements and Alterations indemnify Landlord against loss or liability arising out of or relating to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes claims resulting from approved Alterations; providedsuch failure, howeverincluding without limitation, that prior to the expiration or termination of this Lease any claims made by any succeeding Tenant founded on such delay. 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 such removal. If such removal is not completed before the expiration or 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 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 promptly surrender all keys for the Demised Premises to Landlord at the Premises or any other part place then fixed for payment of the Building rent and shall deliver to inform Landlord all keys for or make known to Landlord of combinations of any locks and safes on the combination of locks on all safes, cabinets and vaults that may be located in the Demised Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Mgi Pharma Inc)

Surrender. Upon On the expiration or termination 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 Tenant Improvements improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and Alterations to Landlord broom-clean repair, fire and in their original conditionother unavoidable casualty, except for and reasonable wear and teartear excepted. All alterations, damage from casualty additions and improvements (other than Tenant’s business and trade fixtures) which may be made or condemnation installed by either Landlord or Tenant upon the Leased Premises. Common Areas shall remain the property of Landlord and any changes resulting from approved Alterations; providedshall remain upon and be surrendered, howeverwithout disturbance, that prior to molestation or injury at the expiration or termination of the Term of this Lease Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. On or before the last day of the Term, Tenant shall remove all telephone equipment and other cabling installed in the Building by Tenant and remove personal property from the Leased 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 shall repair any damage caused occasioned by such removal. If such removal is Any personal property not completed before removed by Tenant shall be deemed abandoned and shall become the expiration or termination property of Landlord; provided, that the Term, Landlord shall have the right (but no obligation) option to remove the same, effect said removals and Tenant shall pay Landlord Landlord, on demand for all costs demand, the cost of removal and storage thereof and for with interest at the rental value rate 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 notice percent per annum from Landlord (in which event title to all the date of such property described in removal by 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 the prime interest rate established by U.S. Bank National Association or termination of this Lease its successors or of Tenant's possessionassigns, whichever is earliest, Tenant shall surrender all higher. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises or any other part shall constitute surrender of the Building premises by Tenant and acceptance of the keys by Landlord shall deliver constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights 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 recover damages under this Section shall survive the expiration or termination terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender.

Appears in 1 contract

Samples: Lease Agreement (Cellular Dynamics International, Inc.)

Surrender. Upon the expiration or Tenant will, upon termination of this Lease, Tenant shall surrender the Premises premises and all Tenant Improvements fixtures and Alterations to equipment of the Landlord broom-clean therein in good, clean, and in their original operating condition, except for reasonable ordinary wear and teartear excepted. Utilities shall be disconnected and all final bills paid. Utilities and proof of receipts provided by Xxxxxx. Tenant shall, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to at time of vacating the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant premises: a. Clean said premises and remove trash from the Premises all premises. b. If the premises is rented with wall-to-wall carpet or rugs, then 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 such removal. If such removal is not completed before at the expiration or 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 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 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, will shampoo and clean said rug or carpet prior to vacating the premises. c. Upon vacating the premises, Xxxxxx shall deliver all keys thereto to the Landlord or Agent managing the premises within twenty-four (24) hours after vacating. Failure to comply will be cause to charge Tenant for changing locks. d. Tenant will be responsible for any damages to walls or woodwork including but not limited to those resulting from the use of picture hooks, cup hooks, nails, or screws and said Xxxxxx agrees to repair all holes and damage made in walls and woodwork, etc. at his expense. Tenant will return all floors cleaned and waxed and in the same condition as received. Tenant is responsible for any damage to the floors due to water stains. e. If premises were delivered at beginning of tenancy with windows washed at expense of Landlord, premises shall be returned in same clean condition at end of tenancy. f. Any property which is left on the premises at the end of tenancy shall be considered to be abandoned by Tenant and shall, at Landlord's option, become Landlord’s property and Landlord may dispose of it without liability. Any of the above items not completed by Tenant will be completed by Landlord, and Xxxxxx will be charged accordingly.

Appears in 1 contract

Samples: Lease Agreement

Surrender. Upon At the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except such alterations and additions as Landlord shall direct Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionremove including cabling (provided, 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 not be directed to remove all telephone and other cabling Tenant's Initial Construction or any subsequent Tenant Work installed in with Landlord's approval unless, at the Building by time of Landlord's approval of such Tenant and Work, Landlord specifically notified Tenant that Tenant would be directed to remove that Tenant Work 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 such removal. If such removal is not completed before at the expiration or 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 leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1. Tenant shall, at the time of termination, remove the 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 storage thereof and for the rental value of leaving the Premises for the period from the end of the Term through the end of the time reasonably required for such removalclean and tenantable. Landlord shall also have the right Should Tenant fail to retain or dispose of all or remove any portion of such property goods, effects, and fixtures, Landlord may, after notice, have them removed forcibly, if Tenant does not pay all such costs necessary, and retrieve the property within ten (10) 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 store 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 possessionproperty in a public warehouse at the risk of Tenant. If such items are not removed from storage within thirty (30) days, whichever is 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 such items may be located sold by any customary methods in the Premisesorder to pay storage costs and other expenses of Landlord. TenantThe expense of such removal, storage and reasonable repairs necessitated by such removal shall be borne solely by Tenant or at Landlord's obligations under this Section shall survive the expiration or termination of this Leaseelection reimbursed by Tenant to Landlord.

Appears in 1 contract

Samples: Office Lease (Alliance Data Systems Corp)

Surrender. Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original good condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 Tenant Improvements & ALTERATIONSAlterations, and repair any damage caused by such removal; provided, however, upon expiration or termination of this Lease Tenant shall not be obligated to remove any Hazardous Material from the Property unless Handled by Tenant at the Property. If such removal is not completed on or before the expiration or 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 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 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.located

Appears in 1 contract

Samples: Lease Agreement (Clarent Corp/Ca)

Surrender. a. Upon the expiration or earlier termination of this Lease, Tenant shall perform each of the following: i. quit and surrender the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-clean in the same order, condition and in their original conditionrepair as of the Commencement Date, except for reasonable ordinary wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterationstear excepted; 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 and ii. remove from the Leased Premises all of 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 such removal. . b. If such removal is not completed before Tenant fails to vacate the Leased Premises, upon the expiration or earlier termination of the Termthis Lease, Landlord shall have may remove and/or store Tenant's property at Tenant's expense without liability to Tenant for any loss or damage thereto. If Tenant does not claim and take delivery of any of Tenant's property that remains on the right Leased Premises or in storage for more than twenty (but no obligation20) to remove days after the sametermination or expiration of this Lease, and Tenant shall as well as pay Landlord on demand for all amounts due under this Lease, including 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. storage, Landlord shall also have the right to retain or dispose of may sell all or any portion of such property if at a public or private sale after having given Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from prior written notice. c. Landlord (in which event title may apply the proceeds of such sale to the costs of removal, storage and sale of the property, and then to payment of all such property described in Landlord's notice amounts due Landlord under this Lease. Any amount remaining shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss paid to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of upon Tenant's possessionwritten demand, whichever is earliestwithout interest. d. Notwithstanding the foregoing, Tenant shall surrender retain all keys to the Premises or any other part of the Building right, title 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 interest in the Premises. trade fixtures, furniture, equipment and non-fixture personalty owned by Tenant's obligations under this Section shall survive , located on the expiration or termination Leased Premises and used in the operation of this Leaseits business.

Appears in 1 contract

Samples: Lease Agreement (Ansell Healthcare Inc)

Surrender. Upon On the expiration Term Expiration Date (or earlier termination of this Lease), Tenant shall quit and surrender possession of the Premises and all Tenant Improvements and Alterations to Landlord broom-clean in as good order and condition as they were in their original conditionon the Term Commencement Date, except for reasonable wear and tear, damage from casualty or taking by condemnation and repairs which are Landxxxx'x xesponsibility under Section 7.6 herein excepted. Reasonable wear and tear shall not include any changes resulting from approved Alterations; provided, however, damage or deterioration that prior would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall also surrender to the expiration Landlord such Alterations as Tenant is required or termination of this Lease entitled to leave pursuant to Section 5.6 herein. Tenant shall remove all telephone furniture, equipment, trade fixtures, debris and other cabling installed articles of personal property owned by Tenant 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 & ALTERATIONSPremises, and shall repair any damage caused by such removal. If to the Premises resulting from such removal is and restore the Premises to their original condition, with all interior walls cleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment in good condition and repair reasonable wear and tear excepted, and all floors cleaned and waxed. Any furniture, equipment, trade fixtures or other personal property not completed before removed by Tenant by the expiration Term Expiration Date (or earlier termination of the Term, Landlord this Lease) shall have the right (but no obligation) to remove the samebe considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. Tenant shall pay Landlord on demand be liable for all the costs of removal and storage thereof of any furniture, equipment, trade fixtures or other personal property, the costs of removal of any alterations which Tenant is required to remove hereunder, and for the rental value of any other reasonable loss, cost, damage, liability or expense incurred by Landlord arising from Tenant's failure to timely surrender the Premises for the period from the end in compliance with this Section. The obligations 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 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 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 sooner termination of this Lease.

Appears in 1 contract

Samples: Triple Net Building Lease (Apbiotech)

Surrender. Upon expiration of the expiration Term or earlier termination of this LeaseTenant's right of possession, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean 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 Premises or the Project by any person other than Landlord, its agents, employees, contractors or invitees and in their original conditionreleased of all Hazardous Materials Clearances, except for reasonable broom clean, ordinary wear and teartear and casualty loss and condemnation excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, damage from casualty the Project, restrooms or condemnation all or any portion of the Premises furnished to, or 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 may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any changes damages resulting from approved Alterations; provided, however, that prior to Landlord's retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of 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 such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have including the right (but no obligation) to remove the sameobligations of Tenant under Section 30 hereof, 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 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 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 earlier termination of this Leasethe Term, including without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair of the Premises for a period of three (3) years after expiration or earlier termination of the Term.

Appears in 1 contract

Samples: Lease Agreement (Viacell Inc)

Surrender. Upon Subtenant shall, upon the expiration Expiration Date or earlier termination of this Sublease, remove all personal property, furniture, and trade fixtures, provided that removal of the same does not adversely affect the adversely affect the Building structure or any Building operating system, and that Subtenant repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event Subtenant fails to remove its personal property and equipment as specified in this Section 4.2 by the Expiration Date, all such items remaining on the Subdemised Premises shall be deemed abandoned and Sublandlord may dispose of it as it sees fit, without liability to Subtenant. Sublandlord shall be responsible for the removal of all Alterations as required under the Master Lease, Tenant including Alterations installed by Subtenant under the Master Lease prior to the effective date of the Assignment and Assumption. Subtenant shall surrender be responsible for removal of all Alterations installed by Subtenant pursuant to this Sublease. In all other respects, Subtenant shall deliver the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and broom clean, in their original conditionits condition as of the Term Commencement Date, except for reasonable wear and teartear and casualty excepted. In no event shall Subtenant remove any of the plumbing, damage from casualty electrical, data lines, and HVAC system(s). Subtenant shall vacate and deliver possession of the Subdemised Premises free of all liens, charges or condemnation and any changes encumbrances resulting from approved Alterations; providedany act or omission on Subtenant's part, howeverand free and clear of all violations thereon placed by any federal, that state, municipal or other agency or authority by reason of Subtenant's failure 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 after the Term Commencement Date. Sublandlord shall indemnify Subtenant against any and all loss, expense, damage, costs or attorneys' fees arising out of any Violation occurring prior to the expiration Term Commencement Date. The voluntary or termination other surrender of this Lease Tenant Sublease by Subtenant, or a mutual cancellation thereof, shall remove all telephone and other cabling installed in not work a merger, but shall, at 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 & ALTERATIONSoption of Sublandlord, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right either (but no obligation1) 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 terminate all or any portion existing subleases or subtenancies, or (2) operate as an assignment of such property if Tenant does not pay Sublandlord of any or all such costs and retrieve the property within ten (10) 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 subleases 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 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 Leasesubtenancies.

Appears in 1 contract

Samples: Sublease Agreement (Motient Corp)

Surrender. Upon the Tenant shall, upon expiration or sooner termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for the same condition as existed on the Commencement Date (reasonable wear and tear, damage from losses due to casualty or and condemnation and any changes resulting from approved Alterations; providedLandlord's repair obligations excepted) with all holes in walls repaired, howeverall HVAC equipment in good operating order and in good repair (reasonable wear and tear, that losses due to casualty and condemnation and Landlord's repair obligations excepted), and the Premises in broom clean condition, all to the reasonable satisfaction of Landlord. In addition, prior to the expiration or earlier termination of this Lease Tenant shall shall: (a) upon Landlord's request, remove all telephone and other cabling installed in the Building by Tenant and Tenant; (b) remove from the Premises all Tenant's personal property and any Trade Fixtures trade fixtures, and all Alterations property not so removed shall be deemed abandoned by Tenant; and (c) remove all alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, ; and Tenant shall repair any damage and perform any restoration work caused by such removalremoval of any of the foregoing items. If such removal is not completed before within the expiration or termination of the Termtime periods required herein, Landlord shall have the right (but no obligation) to remove the same, same and Tenant shall pay be liable to Landlord on demand for all costs of removal of any abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if required by this Lease, together with the cost of returning the Premises to the condition required by this Lease, and the transportation 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 costs of such property if Tenant does not pay all such costs and retrieve the property within ten (10) 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)items. 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 All keys to the Premises or any other part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Building lease term. Normal wear and tear, for purposes of this provision, shall deliver be construed to Landlord all keys mean wear and tear caused to the Premises by the natural aging process that occurs in spite of application of good standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or make known deferred maintenance which should have been attended to Landlord by Tenant in accordance with 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 requirements of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Anacor Pharmaceuticals Inc)

Surrender. Upon Subject to the expiration provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination of this Lease), Tenant Xxxxxx shall quit and surrender possession of the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-clean in as good order and condition as they were in their original conditionon the Term Commencement Date, except for reasonable wear and tear, damage from casualty or casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any changes resulting from approved Alterations; provideddamage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, howeverwithout cost to Landlord, that prior to the expiration or termination of this Lease Tenant shall remove all telephone furniture, equipment, trade fixtures, debris and other cabling installed articles of personal property owned by Tenant 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 & ALTERATIONSLeased Premises, and shall repair any damage caused by to the Project resulting from such removal. If Any such removal is property not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and removed by 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 by the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain Expiration Date (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 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 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 earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Office Building Net Lease (Evolve Software Inc)

Surrender. Upon At the expiration of the Term, whether by termination or any other manner of expiration or cessation of Lessee's right of possession hereunder, Lessee shall vacate the Leased Premises and remove all Lessee's goods and effects from the Leased Premises (including, without limiting the generality of the foregoing, all furniture, Hazardous Materials, waste of any nature, any and all NOVIRIO LEASE AUGUST 21, 2001 contaminated material [including the neutralization chips] and all signs, stickers and lettering affixed or painted by Lessee, either inside or outside of the Leased Premises, including on floors, doors, walls or cabinetry). Lessee shall deliver to Lessor the Leased Premises (including, without limiting the generality of the foregoing, its plumbing, HVAC, electrical, chemical hoods, benches and neutralization tank systems) and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Leased Premises (provided Lessor does not elect otherwise as provided herein), in good condition, damage by fire or other casualty and reasonable wear and tear only excepted. Lessee shall, at its sole cost and expense, repair any and all damage resulting from the removal of any fixtures. In the event of the Lessee's failure to remove any of Lessee's property from the Leased Premises, or deliver the Leased Premises in good condition as provided herein, Lessor is hereby authorized, without liability to Lessee for loss or damage thereto, and at the sole risk of Lessee, to remove and store any of the property at Lessee's expense, or to retain the same under Lessor's control or to sell the same at public or private sale, and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. Lessor may make all necessary repairs, maintenance and work which are Lessee's responsibility as provided herein, and charge Lessee as Additional Rent any expenses and obligations which Lessor has incurred in connection herewith (including, without limitation, reasonable attorneys' fees incurred by Lessor in connection herewith). If Lessee fails to vacate the Leased Premises in a timely manner upon the expiration of the Lease Term or any other termination of this Lease, Tenant Lessee shall surrender be a tenant-at-sufferance only subject to all the Premises terms and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 conditions of this Lease Tenant and, as consideration therefor, shall remove all telephone and other cabling installed in pay to Lessor commencing on 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 such removal. If such removal is not completed before the date of expiration or any earlier termination of the Term, Landlord shall have Lease Term at the right rate equal to one hundred fifty percent (but no obligation150%) 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 Base Rent and Additional Rent payable during the period from the end last month of the Term through the end of the time reasonably required for such removalLease Term. Landlord Such payments shall also have the right to retain or dispose of all or not in any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) 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, retentionway constitute, or disposition of any such property. Upon expiration entitle Lessee to, a renewal or termination extension of this Lease or grant Lessee any right to continue in possession of Tenant's possessionthe Leased Premises, whichever is earliest, Tenant nor shall surrender all keys to the Premises they limit or be in lieu of any other part of rights or remedies which Lessor may have against Lessee under 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 terms of this LeaseLease or under applicable law.

Appears in 1 contract

Samples: Lease Agreement (Idenix Pharmaceuticals Inc)

Surrender. Upon the expiration or termination of this LeaseLease (including, without limitation, any contraction under Section 1.5 or Section 1.8), Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 Lease, Tenant, at its sole cost and expense, shall remove all of the following and repair any damage caused to the Premises, the Building or the Property caused by such removal: (i) all telephone and other cabling installed in the Building by Tenant and remove from the Premises Tenant; (ii) all of Tenant's ’s personal property and any Trade Fixtures Fixtures; and (iii) all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS Article 6 (Tenant Improvements & ALTERATIONSAlterations). In addition, if Landlord has allowed Tenant to install any internal stairways in the Premises (and this sentence shall not be construed as Landlord’s approval of such work), then Tenant, at its sole cost and expense, must remove such stairways, repair any all damage caused by such their removal, and restore the affected area to its former condition. If such removal is not completed before the expiration or 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 ’s notice shall be transferred forfeited to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or (and any other part of the Building 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 or not the keys me retained by Landlord. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Sublease (Gymboree Corp)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 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 and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSunder the provisions of this Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 reasonable costs of removal and storage thereof (which storage may occur in the Premises or in some other portion of the 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) 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 Premises as and when required hereunder within thirty (30) days of 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 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 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 LeaseLease except with respect to the 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 Premises, in which case any claim by Landlord for costs incurred in removing such personal property and/or repairing such damages to the Premises shall survive the expiration of the 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 completely vacated and surrendered the Premises.

Appears in 1 contract

Samples: Lease Agreement (Riddell Sports Inc)

Surrender. Upon the expiration or earlier termination of this LeaseLease for any reason, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets broom cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionfloors broom cleaned, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior all to the expiration or termination reasonable satisfaction of this Lease Landlord. 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 all of Tenant's alterations required to be removed pursuant to Section 5E, and all Alterations that Landlord has elected restore the Premises to require its condition prior to their installation. If Tenant fails to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSany alterations and/or Tenant's personal property, and repair any damage caused by such removal. If such removal is not completed before failure continues after the expiration or termination of the Termthis Lease, 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 may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if in public storage for Tenant's account. Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred liable 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 costs of removal of any such property. Upon expiration or termination of this Lease or of alterations and Tenant's possessionpersonal property and storage and transportation costs of same, whichever is earliestand the cost of repairing and restoring the Premises, Tenant shall surrender all keys to together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises or any other part of are not so surrendered at 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, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Lease (Zamba Corp)

Surrender. (a) Upon the expiration or earlier termination of this Leasethe Term, Tenant shall quit and surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-the Building and/or Demised Premises in compliance with all governmental regulations as mentioned herein, broom clean and in their original conditiongood order, except in the same condition as of the Commencement Date excepting ordinary wear and tear to painted surfaces and floor coverings, and damage by insured casualty. For purposes of clarification, and not limitation, Tenant’s deferral of routine maintenance or failure to make repairs and any condition to of the Demised Premises which was affected by Tenant’s ordinary business operations, such as, but not limited to, accumulations of grease or dust on walls, ceilings, floors or HVAC equipment, discoloration, staining, pitting or spalling of concrete floor surfaces, damage to walls, columns, bollards or doors or door frames/rails from materials moving equipment such as fork lifts, failure to remove cabling or controls such as, but not limited to, alarm panels, and damage to asphalt parking areas from excessive weight of vehicle or improper use of trailer dollies, shall not constitute ordinary wear and tear. In addition, notwithstanding an exception for reasonable wear and tear, damage from casualty or condemnation Tenant agrees upon termination of the Lease, the air-conditioning, cooling systems, heating equipment and any changes resulting from approved Alterations; providedplumbing and electrical systems shall be in good, howeveroperable condition, that all light fixtures and bulbs shall be operable, cleaned and in good working order, and the condition of the Building and/or Demised Premises shall be in such a condition upon surrender as though the Tenant made all repairs and replacements as were necessary during the Term and was continuing the operation of its business at the Demised Premises. If requested by Tenant, Landlord shall advise Tenant as to the repairs and restoration to be undertaken by Tenant prior to the expiration or termination of this Lease the Term. 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 & ALTERATIONSof Tenant, and repair any damage caused done by the installation or removal of same, as directed by Landlord. Further, Tenant shall remove (i) all its signage from the walls and doors of the Building and/or Demised Premises and shall restore such removalwalls or doors to the condition they were in prior to the installation of Tenant’s signage (ii) all cable and/or wiring abandoned or to be abandoned by Tenant within the Demised Premises as necessary to comply with current code, rule or regulation, (iii) all debris from the Building and Demised Premises including the cleaning up of the dumpster area(s) and loading dock areas, and (iv) all dumpsters or garbage containers. If such removal the Building and/or Demised Premises is not completed before surrendered in the condition required under this Section, Tenant shall be deemed to be a holdover, without regard to whether or not Tenant is in physical possession or occupancy of all or part of the Demised Premises, and in addition Tenant shall indemnify and defend Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Demised Premises, including, without limitation, any claims made by any succeeding occupant founded on such delay. (b) Unless sooner terminated, during the last six (6) months of the Term Landlord will inspect the Building and/or Demised Premises and advise Tenant of the work required to place the Building and/or Demised Premises in condition for surrender pursuant to the terms of this Section. Landlord’s advice shall be subject to circumstances or events occurring between the date of the inspection and the date of surrender, as to which Landlord reserves all rights. (c) If Tenant fails to surrender the Building and/or Demised Premises as required by this Section, Landlord may, at its option, make any repairs or take other actions so as to perform the obligations of Tenant and the costs and expenses shall be reimbursed to Landlord by Tenant upon demand. Additionally, if as a result of the fact that Tenant does not surrender the Building and/or Demised Premises in the condition required by this Section, work is required to be performed, whether by Tenant or Landlord, following the expiration or earlier termination of the Term, Tenant shall be deemed to be a holdover tenant and shall be liable to Landlord shall have the right for payment of holdover rent as provided in this Lease. (but no obligationd) to remove the sameAll such remedies of Landlord, and Tenant shall pay Landlord on demand the remedies provided 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 notice from Landlord (in which event title to all such property described in Landlord's notice Section 15.2, shall be transferred to cumulative, and vest in Landlord). Tenant waives all Claims against addition, 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 or may pursue 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 remedies that may be located permitted by law or in equity. Forbearance or an election by Landlord to enforce one or more of the Premisesremedies herein provided upon an event of default shall not be deemed or construed to constitute an election of remedies, a waiver of any other remedy which may be available or a waiver of such default. Tenant's obligations under this Section shall survive the expiration or earlier termination of this the Lease.

Appears in 1 contract

Samples: Lease (R F Industries LTD)

Surrender. Upon The LESSEE shall at the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 other termination of this Lease Tenant peaceably give up and surrender the Leased Premises without the requirement of any notice. Further, the LESSEE shall surrender carpeting, any electrical meters, alarm systems, and all fixtures and work (including partitions) in any way built-in or otherwise attached to the Leased Premises, as property of LESSOR, except such trade fixtures and work LESSOR shall direct LESSEE to remove or which LESSEE may remove without causing damages, losses, claims or injuries to persons or property. LESSEE shall restore and repair all damages, losses, and injuries to persons and property including the Premises, and LESSEE shall indemnify, save and hold LESSOR harmless from any and all losses, claims, liabilities, damages, injuries to persons or property, real or personal, and expenses arising from any removal of personal property; which sums shall be paid by LESSEE as Additional Rent. LESSEE shall remove all telephone LESSEE’S good and effects from the Leased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to the LESSOR the Leased Premises in a good and broom clean condition (ready for future occupancy or the next Lessee), shall deliver all keys and locks thereto and other cabling installed in fixtures connected therewith and all alterations and additions made to or upon the Building Leased Premises, damage by Tenant fire or other casualty and reasonable wear and tear only excepted. In the event of the LESSEE’S failure to remove any of LESSEE’S property from the Premises all Tenant's personal property Premises, LESSOR is hereby authorized without the liability to LESSEE for loss and any Trade Fixtures damage thereto, and all Alterations that Landlord has elected to require Tenant at the sole risk of LESSEE, to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair store any damage caused by such removal. If such removal is not completed before the expiration or termination of the Termproperty at LESSEE’S expense, Landlord shall have the right (but no obligation) or to remove the sameretain same under LESSOR’S control or to sell at public or private sale, and Tenant shall pay Landlord on demand for without notice of any or all costs of removal and storage thereof and for the rental value of the Premises for property not so removed and to apply 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 net proceeds of such property if Tenant does not pay all such costs and retrieve sale to the property within ten (10) 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 payment of any damage or loss to Tenant resulting from Landlord's removal, storage, retentionsum due hereunder, or disposition of any to destroy such property. Upon expiration or termination of this Lease or of Tenant's possessionIf the LESSEE fails to surrender, whichever is earliest, Tenant shall surrender all keys to vacate and deliver-up the Premises either after a default, agreement, judgment for possession or any other part at the Lease Termination Date then LESSEE shall pay LESSOR Rent equal to one and half (1 1⁄2) times the Rent in effect at the time of the Building holdover until the date that LESSEE completely vacates the Premises together with all costs, expenses, consequential damages 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 Leasereasonable attorneys’ fees incurred by LESSOR.

Appears in 1 contract

Samples: Lease (Spring Bank Pharmaceuticals, Inc.)

Surrender. Upon the expiration or earlier termination of this LeaseLease --------- for any reason, Tenant shall surrender the 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 interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all Tenant Improvements floors cleaned and Alterations to Landlord broom-clean and in their original conditionwaxed, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior all to the expiration or termination reasonable satisfaction of this Lease Landlord. Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises and the Project all of Tenant's trade fixtures, furniture, moveable equipment and other personal property property, and any Trade Fixtures and all Alterations that which Landlord has elected elects to require Tenant be removed pursuant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS5.3, and repair any shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by such removalthe installation or removal of any of the foregoing items. If Tenant does not timely remove such removal is not completed before property, then Tenant shall be conclusively presumed to have, at Landlord's election: (a) conveyed such property to Landlord without compensation or (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 expiration property, and without liability to Tenant or termination of the Term, any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the right costs of: (but no obligationi) to remove removal of any such Alterations or personal property, (ii) storage, transportation, and disposition of the same, and Tenant shall pay Landlord on demand for all costs of removal (iii) repair and storage thereof and for the rental value restoration of the Premises for Premises, together with interest thereon at the period Interest Rate from the end date 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 notice from Landlord (in which event title to all such property described in expenditure by 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 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.

Appears in 1 contract

Samples: Lease (Ydi Wireless Inc)

Surrender. 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, ordinary wear and damage by fire or other casualty excepted. If, in connection with the approval of plans for any alterations, 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 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 termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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, and repair any damage caused by such removal. If such removal is not completed before the expiration or earlier termination of the Term, Landlord shall have the right (but no obligation) to . If Tenant does not remove the sameapplicable 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 Landlord on demand for all costs the reasonable cost of the removal and storage thereof restoration to Landlord within thirty (30) days following Landlord's written demand. Notwithstanding the foregoing, it is understood and for agreed that Tenant shall remove its FF&E (other than any associated telephone, data and power wiring and cabling installed in connection with the rental value of Tenant Improvements) from the Premises for the period from the end prior to termination of the Term through the end 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 reasonably required for such removalto 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 also have prepare and agree upon an updated list of the FF&E within the Premises, which shall be insured by Tenant under this Lease and shall be removed by Tenant upon the expiration of the Term or Tenant's right to retain or dispose of all or any portion of such property if possession. If Tenant does not pay all such costs remove the FF&E (other than cabling and retrieve wiring as described above), Tenant shall be conclusively presumed to have conveyed the property within ten (10) days after notice from same to Landlord (without further payment or credit by Landlord to Tenant, or at Landlord's sole option and without limiting any other rights or remedies available to Landlord, the items shall be deemed abandoned, in which event title Landlord may cause the items to all such property described in be removed and disposed of at Tenant's expense, which shall be Landlord's reasonable cost of removal (less any net proceeds received by Landlord from the sale thereof), without 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 and without obligation to compensate Tenant's possession, whichever is 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 Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Houghton Mifflin Co)

Surrender. Upon the On expiration or early termination of this Lease, Tenant shall deliver all keys to Landlord, have final utility readings made and pay all utility accounts current on the date of move out, and surrender the Premises clean and free of debris inside and out, with all mechanical, electrical, and plumbing systems in good operating condition, all signing removed and defacement corrected, all repairs called for under this Lease completed, all interior walls repaired and repainted if marked or damaged, all carpets steam cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all Tenant Improvements and Alterations floors cleaned, all to Landlord broom-clean and in their original condition, except for the reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that satisfaction of Landlord. Also prior to the expiration or earlier termination of this the Lease Term, Tenant shall, at its sole cost and expense, remove all Tenant’s personal property from the Premises. The Premises shall be delivered in the same condition as at the Commencement Date, subject only to damage by casualty, the provisions of Paragraphs 6.4, 6.5, 6.6 and 17.2 and depreciation and wear and tear from ordinary use. Tenant shall remove all telephone of its furnishings and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal trade fixtures that remain its property and any Trade Fixtures and restore 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 resulting from such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) Failure to remove the said property shall be an abandonment of same, and Landlord may remove and/or dispose of it in any manner permitted under law without liability, 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 be liable 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 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 costs of removal, restoration, transportation to storage, retentionstorage and/or disposal, or disposition plus an administrative fee of any [***] percent ([***]%), together with interest on all such propertyexpenses and fees at the interest rate provided in Paragraph 25.2. Upon expiration or termination The provisions of this Lease or of Tenant's possessionParagraph 17.1 (including, whichever is earliestwithout limitation, 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 Premises. Tenant's obligations under this Section provisions referenced herein) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Outset Medical, Inc.)

Surrender. Upon Tenant shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all interior painted surfaces repainted in the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment servicing only the Premises in operating order and in good repair, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (to the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and the transportation and storage costs of such items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall surrender indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises and all Tenant Improvements and Alterations Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior due 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 lost opportunities to require Tenant lease to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSsucceeding tenants, and repair any damage caused by such removalattorneys' fees and costs. If such removal is not completed before the expiration or 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 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 All keys to the Premises or any other part thereof shall be surrendered to Landlord upon expiration or sooner termination 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 LeaseLease term.

Appears in 1 contract

Samples: Industrial R&d Lease (Nextcard Inc)

Surrender. Upon the expiration or earlier termination of this Lease for any reason; Tenant shall surrender the Premises to Landlord in its condition existing as of the commencement date under the Proxim Sublease as to Building A and Building B, or the Commencement Date under this Lease, as to Building C, as the case may be, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the elevators, plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant’s personal property and all of Tenant’s alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant’s personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant’s personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender the Premises indemnify Landlord against all loss or liability, including attorneys’ fees and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditioncosts, 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 delay 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 such removal. If such removal is not completed before the expiration or 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 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 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 so surrendering the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Sublease (Vitria Technology Inc)

Surrender. Upon 24.01 On the expiration last day of the Term, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to the Landlord broom clean, in good order, condition and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, repair except for reasonable ordinary wear and teartear and damage by fire or other insured casualty, 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 restored as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS12.01. 24.02 Prior to such surrender, Tenant shall (a) remove Tenant's Property subject to the provisions of Article 13 hereof, (b) at Landlord's request, remove from the Demised Premises all improvements, alterations, additions, fixtures and equipment including Tenant's Work attached hereto as Exhibit C, and the emergency standby generator and diesel fuel tank referred to in Article 2, whether such work was performed by Tenant or by Landlord on Tenant's behalf, and whether such additional work consisted of extra or special work or additional items or quantities of Building standard work, and (c) at Landlord's request, repair any damage caused and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal. If such removal is not completed before the expiration or termination , and restore those parts of the TermDemised Premises from which the removal referred to in subparagraphs (a) and (b) above occurred, Landlord shall have the right (but no obligation) to remove the same, a condition which will blend with and Tenant shall pay Landlord on demand for all costs of be comparable to adjacent areas. Tenant's 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 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 repair obligations hereunder with respect to the Demised Premises shall extend to the core area or any other part of the Building and where any additional work was performed by or on behalf of Tenant. If Tenant shall deliver fail to perform as provided in this Section 24.02, Landlord all keys for or make known shall have the right to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. do so at Tenant's obligations under this Section cost and expense, without further notice or demand upon Tenant, and Tenant shall survive indemnify Landlord against all loss or liability resulting therefrom, including, without limitation, any delay in granting occupancy of the expiration or termination of this LeaseDemised Premises to a future occupant.

Appears in 1 contract

Samples: Lease Agreement (Focal Communications Corp)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their its original condition, except for reasonable wear and tear, tear and damage from casualty casualty, the elements or condemnation and any changes resulting from approved Alterationscondemnation; 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 property, trade fixtures, alterations and any Trade Fixtures and all Alterations other Above-Standard Improvements that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage caused by such removalunder the provisions of this Lease. If any of such removal is not completed before at the expiration or termination of the Termthis Lease, Landlord shall have the right (but no obligation) to may remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of same at Tenant's expense. Any damage to the Premises for or the period from the end of the Term through the end of the time reasonably required for Building caused by such removal. Landlord removal shall also have the right to retain or dispose of all or any portion of such property be repaired promptly by Tenant or, if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from fails to do so, Landlord (may do so at Tenant's expense, in which event title to all such property described in Landlord's notice Tenant shall be transferred to and vest in Landlord). Tenant waives all Claims against immediately reimburse Landlord for any damage such expenses together with interest at the Default rate until so paid. Tenant's obligations under this paragraph shall survive the expiration or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition termination of any such propertythis Lease. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks 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.

Appears in 1 contract

Samples: Sublease Agreement (Finet Com Inc)

Surrender. Upon the Tenant shall, upon expiration or sooner termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for the same condition as existed on the Commencement Date (reasonable wear and tear, damage from losses due to casualty or and condemnation and any changes resulting from approved Alterations; providedLandlord’s repair obligations excepted) with all holes in walls repaired, howeverall HVAC equipment in good operating order and in good repair (reasonable wear and tear, that losses due to casualty and condemnation and Landlord’s repair obligations excepted), and the Premises in broom clean condition, all to the reasonable satisfaction of Landlord. In addition, prior to the expiration or earlier termination of this Lease Tenant shall shall: (a) upon Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant and Tenant; (b) remove from the Premises all Tenant's ’s personal property and any Trade Fixtures trade fixtures, and all Alterations property not so removed shall be deemed abandoned by Tenant; and (c) remove all alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, ; and Tenant shall repair any damage and perform any restoration work caused by such removalremoval of any of the foregoing items. If such removal is not completed before within the expiration or termination of the Termtime periods required herein, Landlord shall have the right (but no obligation) to remove the same, same and Tenant shall pay be liable to Landlord on demand for all costs of removal of any abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if required by this Lease, together with the cost of returning the Premises to the condition required by this Lease, and the transportation 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 costs of such property if Tenant does not pay all such costs and retrieve the property within ten (10) 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)items. 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 All keys to the Premises or any other part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Building lease term. Normal wear and tear, for purposes of this provision, shall deliver be construed to Landlord all keys mean wear and tear caused to the Premises by the natural aging process that occurs in spite of application of good standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or make known deferred maintenance which should have been attended to Landlord by Tenant in accordance with 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 requirements of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Anacor Pharmaceuticals Inc)

Surrender. Upon the expiration or termination of this LeaseSublease, whether by forfeiture, lapse of time or otherwise, or upon the termination of the Tenant's right to possession of the Premises, Tenant shall will at once surrender and deliver up the Premises and Premises, together with all Tenant Improvements and Alterations improvements thereon, to Landlord broom-clean in good condition and in their original conditionrepair, except for 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, damage lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from casualty operations incident to the business of Tenant). All Alterations in or condemnation upon the Premises made by Tenant shall become a part of and any changes resulting from approved Alterations; shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant provided, however, that prior to Landlord shall have 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 right to require Tenant to remove as provided 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 6.1 - TENANT IMPROVEMENTS & ALTERATIONSat 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 caused by such removal. If such removal is not completed before occasion thereby), and dispose thereof, or at its election, deliver the expiration same to any other place of business of Tenant, or termination of the Term, Landlord shall have the right (but no obligation) to remove warehouse the same, and . Tenant shall pay Landlord on demand for all the 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, repair, delivery and warehousing on demand. As between 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 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 not be required to remove any Alterations performed by Landlord prior to the Commencement Date or to restore the Premises or any other part to their condition prior to the making 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 Leasesuch Alterations.

Appears in 1 contract

Samples: Sublease (Taylor Capital Group Inc)

Surrender. Upon 23.01. On the expiration last day of the term of this Lease, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-clean in good order, condition, and in their original conditionrepair, except for reasonable ordinary wear and teartear and such damage or destructions as Landlord is required to repair or restore under this Lease, 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 of Tenant's personal property and any Trade Fixtures and all Alterations that Property therefrom except as otherwise expressly provided in this Lease. Landlord has elected reserves the right to require Tenant to remove as provided all items installed by, for or on behalf of Tenant. At or before the Expiration Date of the Lease, along with any other restoration required by Tenant pursuant to the Lease or any Tenant Change, Tenant agrees to perform the following restoration to the Demised Premises: Tenant shall remove from the Demised Premises all equipment comprising Tenant's Voice, Data and Security Systems, including associated outlets, wires, wiring trays and other equipment, materials and facilities, whether located in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSthe ceiling, floor and/or walls which in any way relates, pertains to, constitutes or is connected with Tenant's Voice, Data and/or Security Systems and repair any damage caused by regardless of whether Landlord or Tenant installed and/or paid for the installation of such removalsystems. If such removal is not completed Tenant fails to perform any restoration required of it under this Lease on or before the expiration or termination last day 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 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 term of this Lease or of Tenant's possession, whichever is earliestupon any earlier termination, 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 Premises. Tenant's obligations deemed a hold-over Tenant under this Section shall survive the expiration or termination Article 40 of this LeaseLease until such time as Tenant has completed such restoration.

Appears in 1 contract

Samples: Lease (Hanover Capital Mortgage Holdings Inc)

Surrender. Upon the expiration Expiration Date or termination of this Sublease, Subtenant shall quit and surrender to Sublandlord the Subleased Premises, in the condition required by the terms of the Prime Lease, Tenant shall surrender including, without limitation, performance of all removal and restoration obligations regardless of which entity or person installed or performed the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, alterations (except for any Alterations or improvements installed at the Subleased Premises prior to the Commencement Date), additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, or furniture, reasonable wear and tear, damage caused by casualty, repairs required as a result of condemnation, and repairs that are the responsibility of Prime Landlord or Sublandlord excepted; for clarity, Subtenant’s surrender obligations shall not include any obligation to remove or restore any Alteration or improvement which existed as of the Effective Date. Without limiting the foregoing, Subtenant shall remove from casualty or condemnation the Subleased Premises all of its personal property, furniture, furnishings, and any changes equipment, and shall repair all damage resulting from approved Alterations; provided, however, that such removal or its use of the Subleased Premises. If Subtenant fails to remove any of Subtenant’s personal property or perform any required repairs or restoration prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone Sublease, then Sublandlord, at Subtenant’s sole cost and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's expense, may remove, store, sell and/or dispose of Subtenant’s personal property and perform such required repairs and restoration work. Subtenant shall reimburse Sublandlord for any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove costs and expenses incurred by Sublandlord (whether directly or as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligationa pass-through) 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 cause such property if Tenant does not pay to be removed and repairs and restorations made, together with any and all such costs damages which Sublandlord actually suffers and retrieve the property within ten (10) days after notice from Landlord (sustains by reason of Subtenant’s failure to perform its obligations set forth in which event title this Section, plus [***] administration fee. Subtenant’s obligations to all such property described in Landlord's notice shall be transferred to perform 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 observe this Lease or of Tenant's possession, whichever is 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 Premises. Tenant's obligations under this Section covenant shall survive the expiration or earlier termination of this LeaseSublease.

Appears in 1 contract

Samples: Sublease Agreement (Senti Biosciences, Inc.)

Surrender. Upon On the expiration last day or sooner termination of this Leasethe Lease Term, Tenant shall quit and surrender the Premises broom clean, in good condition and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for repair (reasonable wear and teartear and damage by acts of God or fire excepted) together with all alterations, damage from casualty additions and improvements which may have been made in, to, or condemnation and any changes resulting from approved Alterations; providedon the Premises, howeverexcept movable furniture or unattached movable trade fixtures put in at the expense of Tenant, except 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 ascertain 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 such removal. If such removal is not completed within thirty (30) days before the expiration or 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 Lease Term through whether Landlord desires to have the Premises or any part or parts thereof restored to their condition when the Premises were delivered to Tenant and if Landlord shall so desire then Tenant shall restore said Premises or such part or parts thereof before the end of the time reasonably required Lease Term at Tenant’s sole cost and expense and shall remove any Alterations designated by Landlord for such removal. Landlord Tenant, on or before the end of the Lease Term shall also have remove all its property from the right to retain or dispose of Premises, and all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice so removed shall be transferred to and vest in Landlord)deemed abandoned by Tenant. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition If the Premises are not surrendered at the end of any such property. Upon expiration or termination of this the Lease or of Tenant's possession, whichever is earliestTerm, Tenant shall surrender all keys to indemnify Landlord against loss or liability, including attorney’s fees of Landlord,. resulting from delay by Tenant in so surrendering the Premises or including, without limitation, any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks claims made by any succeeding Tenant founded 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 Leasesuch delay.

Appears in 1 contract

Samples: Office Lease (Dance Biopharm, Inc.)

Surrender. Upon the expiration or earlier termination of this LeaseSublease for any reason, Tenant Subtenant shall surrender the Premises and all to Sublandlord in its condition existing as of the Commencement Date (including the Initial Tenant Improvements and Alterations even if not completed as of the Commencement Date) but subject to Landlord broom-clean and in their original conditionthe provisions of Section 5, except for reasonable normal wear and tear, tear and damage from by fire or other casualty or condemnation or repairs which are the responsibility of Landlord excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any changes resulting from approved Alterations; providedburned out or broken light bulb or ballasts, howeverthe HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, that prior and all floors cleaned and waxed, all to the expiration or termination reasonable satisfaction of this Lease Tenant Landlord. Subtenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all TenantSubtenant's personal property and any Trade Fixtures all of Subtenant's alterations required to be removed pursuant to Sections 5D and all Alterations that Landlord has elected 5E (but not the Initial Tenant Improvements), and restore the Premises to require Tenant its condition prior to their installation. If Subtenant fails to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSany alterations and/or Subtenant's personal property, and repair any damage caused by such removal. If such removal is not completed before failure continues after the expiration or termination of the Termthis Sublease, 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 or Sublandlord may retain or dispose of such property and all rights of Subtenant with respect to it shall cease, or Sublandlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlordpublic storage for Subtenant's notice account. Subtenant shall be transferred liable to and vest in Landlord). Tenant waives all Claims against Landlord Sublandlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition costs of removal of any such propertyalterations and Subtenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Sublandlord. Upon expiration or If the Premises are not so surrendered at the termination of this Lease Sublease, Subtenant shall indemnify Sublandlord against all loss or of Tenant's possessionliability, whichever is earliestincluding attorneys' fees and costs, 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 resulting from delay by Subtenant in so surrendering the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Vitria Technology Inc)

Surrender. Upon the expiration or earlier termination of this Lease --------- for any reason, Tenant shall surrender the Premises to Landlord in its condition existing as of the commencement date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5.E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Landlord, together with interest at the interest rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender the Premises indemnify Landlord against all loss or liability, including attorneys' fees and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditioncosts, 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 delay 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 such removal. If such removal is not completed before the expiration or 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 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 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 so surrendering the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Numerical Technologies Inc)

Surrender. Upon the expiration or termination of this LeaseLease termination, Tenant shall quit and surrender the Premises free and clear of all tenants, occupants, liens, and encumbrances whatsoever except (i) Permitted Exceptions and (ii) encumbrances restrictions or reservations caused by or consented to in writing by Landlord. Tenant Improvements shall, subject to the provisions of Section 10 and Alterations 11 hereof, surrender the Premises to Landlord broom-broom clean and in their original conditiongood order, except for condition and repair, reasonable wear and teartear excepted, damage from casualty or condemnation and any changes resulting from approved Alterations; providedwith all Tenant's signs, howeverfurniture, that prior to the expiration or termination of this Lease Tenant shall remove all telephone trade fixtures, equipment and other cabling installed in the Building by Tenant and remove personal property removed. Any of Tenant's furniture, trade fixtures, equipment or other personal property which is not removed from the Premises all by the termination date shall be deemed abandoned to Landlord and Landlord may dispose of the same as it sees fit, at Tenant's personal property and any Trade Fixtures and all Alterations expense. All alterations which Landlord has designated in writing for removal by Tenant pursuant to Section 6.2 shall be removed by Tenant except that if having so designated an alteration for removal, Landlord thereafter gives notice to Tenant at least six (6) months before the expiration of the Lease Term that Landlord has elected would be willing to require let such alteration remain after the expiration of the Lease Term, then Tenant may elect whether to remove such alteration or leave it as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and part of the Premises upon the expiration of the Lease Term. Tenant shall repair any damage caused by the removal of any alterations or any of Tenant's furrliture, trade fixtures, equipment or other personal property and restore the building or the surface of the Real Property, as the case may be, to substantially the condition in which it was prior to such removal. If such removal is not completed before At any time during the last six (6) months prior to tbe expiration or termination of the Lease Term, or after the Term has ended, Landlord shall may 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 an environmental assessment of the Premises for peRormed, at Landlord's sole cost and expense. Tenant shall peRorm, at it sole cost and expense, any cleanup or remedial work required applicable laws and recommended by the period from consultant that performed the end environmental assessment to remove, mitigate or remediate any hazardous substances contamination of the Term through the end Premises which, based on such envirormental assessment, is determined (or reasonably concluded) to have been introduced by Tenant or its agents, employees, contractors, or invitees. Prior to surrendering possession 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 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 earliestPremises, Tenant shall surrender all keys also remove to the extent required by applicable laws and to the extent installed by Tenant any personal property, equipment, fixture and/or storage device or vessel on or about the Premises which is contaminated by 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 Leasewhich contains hazardous substances.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-broom clean and in their original condition, 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 ’s personal property and any property, Trade Fixtures and all Alterations that Tenant has the right or is required by Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSunder the provisions of this Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand within thirty (30) receipt of a written invoice 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 removalthereof. 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 notice from Landlord (in which event title to all such property described in Landlord's ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is 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 Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Sub Sublease Agreement (Enernoc Inc)

Surrender. Upon LESSEE shall at the expiration or termination of this Lease, Tenant lease remove all of LESSEE's goods and effects from the leased premises. LESSEE shall surrender deliver to LESSOR the Premises leased premises and all Tenant Improvements keys and Alterations locks thereto, all fixtures and equipment connected therewith, and all alterations, additions and improvements made to Landlord broom-or upon the leased premises, whether completed by LESSEE, LESSOR or others, including but not limited to any offices, partitions, window blinds, floor coverings (including computer floors), plumbing and plumbing fixtures, air conditioning equipment and ductwork of any type, exhaust fans or heaters, water coolers, burglar alarms, telephone wiring, air or gas distribution piping, compressors, overhead cranes, hoists, trolleys or conveyors, counters, or signs attached to walls or floors, all electrical work, including but not limited to lighting fixtures of any type, wiring, conduit, EMT, transformers, distribution panels, bus ducts, raceways, outlets and disconnects, and furnishings or equipment which have been bolted, welded, trailed, screwed, glued or otherwise attached to any wall, floor, ceiling, roof, pavement or ground, or which have been directly wired to any portion of the electrical system or which have been plumbed to the water supply, drainage or venting systems serving the leased premises. LESSEE shall deliver the leased premises sanitized from any chemicals or other contaminants, and broom clean and in their original conditionthe same condition as they were at the commencement of this lease or any prior lease between the parties for the leased premises, except for or as they were modified during said term with LESSOR's written consent, reasonable wear and tear, tear and damage from by fire or other casualty or condemnation and only excepted. In the event of LESSEE's failure to remove 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 LESSEE's property 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 such removal. If such removal is not completed before the expiration or leased premises upon termination of the Termlease, Landlord shall have LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the right (but no obligation) sole risk of LESSEE, to remove the sameand store any such property at LESSEE's expense, and Tenant shall pay Landlord on demand for or to retain same under LESSOR's control, or to sell at public or private sale (without notice), any or all costs of removal and storage thereof and for the rental value of the Premises for property not so removed and to apply 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 net proceeds of such property if Tenant does not pay all such costs and retrieve sale to the property within ten (10) 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 payment of any damage or loss to Tenant resulting from Landlord's removal, storage, retentionsum due hereunder, or disposition to destroy abandoned property. 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 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 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 LeaseLESSOR.

Appears in 1 contract

Samples: Commercial Lease (Anika Therapeutics Inc)

Surrender. Upon the expiration or earlier termination of this Lease for any reason, Tenant shall surrender the 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 interior walls repaired if damaged, all broken acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light 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 satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Work which Landlord elects to be removed pursuant to Section 5.D, and shall restore the Premises to their condition prior to their installation, including, without limitation, repairing all damage caused by the installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (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. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the costs of: (i) removal of any such Work or personal property, (ii) storage, transportation, and disposition of the same, and (iii) repair and restoration of the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. In addition, if the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender the Premises indemnify Landlord against all loss or liability, including reasonable attorneys’ fees and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditioncosts, 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 delay 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 such removal. If such removal is not completed before the expiration or 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 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 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 so surrendering the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Pericom Semiconductor Corp)

Surrender. Upon the expiration or termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant’s right to possession of the Leased Premises, Tenant shall will at once surrender and deliver up the Premises and Leased Premises, together with all Tenant Improvements and Alterations improvements thereon, to Landlord broom-clean in good condition and in their original conditionrepair, except for reasonable wear and teartear excepted, damage and in broom clean condition. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment used in the operation of the Leased Premises, together with all duct work. All additions, hardware, non‑trade and trade fixtures and all other improvements, in or upon the Leased Premises placed there by Tenant, including those portions of Leasehold Work noted on Exhibit E as being removed by Tenant shall remain Tenant’s property and may be removed by Tenant from casualty the Leased Premises upon such termination of this Lease by lapse of time or condemnation and any changes resulting from approved Alterationsotherwise; provided, however, that prior (i) Tenant shall pay the cost of such removal, (ii) Tenant shall be responsible for repairing any damage caused to the Leased Premises in connection with such removal on demand, and (iii) all electrical, plumbing, and heating outlets shall be allowed to remain in place. If the Tenant fails to remove such alterations, decorations, additions and improvements and restore the Leased Premises, then upon the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from or upon Tenant’s vacating the Premises prior to such expiration, all Tenant's personal such alterations, decorations, additions and improvements shall become, at Landlord’s option, the 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 such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay the cost of such removal, delivery, and warehousing to 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 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 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 Leasedemand.

Appears in 1 contract

Samples: Lease (Tpi Composites, Inc)

Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements tenant improvements and Alterations to Landlord broom-and such shall be returned clean and in their original conditioncondition as of the Commencement Date of this Lease, 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 Lease, Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’s personal property and any property, Trade Fixtures and Alterations (including but not limited to, exterior signage, modular furniture, Tenant’s antenna systems and all Alterations that cables, conduits, risers and other similar items and equipment which pass through portions of the Building or connect to the antenna systems) designated by Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, for removal and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 notice from Landlord (in which event title to all such property described in Landlord's ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is 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 Premises. Tenant's ’s obligations under this Section shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Everspin Technologies Inc)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 ’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 Article 6 (Tenant Improvements & ALTERATIONSAlterations), and repair any damage caused to the Premises or the Property by such removal. If such removal is not completed before the expiration or 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 po1tion 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 ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or (and any other part of the Building 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 or not the keys are retained by Landlord. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (LendingClub Corp)

Surrender. Upon the expiration or earlier termination of this Sublease, Subtenant shall surrender and deliver up the Premises in the condition required by Sections 5(c) and 6(c) of the Master Lease, Tenant shall surrender with all of Subtenant’s personal furniture, fixtures and equipment (including, without limitation, all furniture, fixtures and equipment conveyed to Subtenant pursuant to the Xxxx of Sale), and all Alterations made by or on behalf of Subtenant, removed from the Premises and all Tenant Improvements and Alterations (to Landlord broom-clean and in their original conditionthe extent required by the Master Lease), except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, provided however, that Sublandlord shall continue to be obligated to remove any Alterations (if any) made by or on behalf of Sublandlord prior to the expiration or termination Effective Date of this Lease Tenant shall remove all telephone Sublease (to the extent required by the Master Lease) 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 to the Premises caused by such removal. Subtenant shall repair any damage to the Premises caused by the removal of its furniture, fixtures and equipment (including, without limitation, all furniture, fixtures and equipment conveyed to Subtenant pursuant to the Xxxx of Sale), and the removal of any Alterations made by or on behalf of Subtenant. If such removal is not completed Subtenant fails to remove any items of furniture, fixtures or equipment on or before the expiration or 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 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 earlier termination of this Lease or of Tenant's possessionSublease, whichever is earliestSublandlord may, Tenant shall surrender all keys at its option, deem such items to be abandoned and may, at its option, remove the same (and repair any damage occasioned thereby and restore the Premises as aforesaid at Subtenant’s cost) and dispose of or any other part warehouse such items or warehouse, and Subtenant shall pay the cost of the Building and shall deliver such removal, repair, restoration, disposal or warehousing to Landlord all keys for Sublandlord on demand, or make known Sublandlord may treat such items as having been conveyed to Landlord the combination Sublandlord with this Sublease acting as a xxxx of locks on all safessale therefor, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration without further payment or termination of this Leasecredit by Sublandlord to Subtenant.

Appears in 1 contract

Samples: Sublease (Adynxx, Inc.)

Surrender. Upon the expiration or earlier termination of this LeaseSublease for any reason, Tenant Subtenant shall surrender the Premises to Sublandlord in its condition existing as of the Commencement Date (including Building standard Tenant Improvements even if not completed as of the Commencement Date), normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all Tenant Improvements floors cleaned and Alterations to Landlord broom-clean and in their original conditionwaxed, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior all to the expiration or termination reasonable satisfaction of this Lease Tenant Sublandlord. Subtenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's Subtenant’s personal property and any Trade Fixtures all of Subtenant’s alterations required to be removed pursuant to Sections 5D and all Alterations that Landlord has elected 5E (but not the Initial Tenant Improvements), and restore the Premises to require Tenant its condition prior to their installation. If Subtenant fails to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSany alterations and/or Subtenant’s personal property, and repair any damage caused by such removal. If such removal is not completed before failure continues after the expiration or termination of the Termthis Sublease, 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 or Sublandlord may retain or dispose of such property and all rights of Subtenant with respect to it shall cease, or Sublandlord may place all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice public storage for Subtenant’s account. Subtenant shall be transferred liable to and vest in Landlord). Tenant waives all Claims against Landlord Sublandlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition costs of removal of any such propertyalterations and Subtenant’s personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Sublandlord. Upon expiration or If the Premises are not so surrendered at the termination of this Lease Sublease, Subtenant shall indemnify Sublandlord against all loss or of Tenant's possessionliability, whichever is earliestincluding attorneys’ fees and costs, 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 resulting from delay by Subtenant in so surrendering the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (ShoreTel Inc)

Surrender. Upon the expiration or termination of this Lease, Tenant Txxxxx shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean in good working order and in their original conditionrepair, 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 shall, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’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 Tenant Improvements & ALTERATIONSAlterations above, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, subject to compliance with applicable Laws, 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 removalremoval (provided the foregoing shall not apply to minor items left in the Premises, the removal and disposal thereof requiring no more than de minimus costs and effort). 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 notice from Landlord (in which event title to all such property described in Landlord's ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is 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 Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Corsair Gaming, Inc.)

Surrender. Upon the 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 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 (to the extent expressly permitted by Section 13.2 of this Lease) such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and all Tenant Improvements and Alterations security codes, to Landlord broom-clean broom clean, in as good a condition as existed after Substantial Completion of the Initial Tenant’s Work, and in their original conditionthe condition described on Exhibit H attached hereto, except for ordinary wear and tear 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, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to restore the Premises 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 & ALTERATIONSrequired condition, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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) 2 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 Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's possession, whichever is earliest, ’s Property. Tenant shall surrender all keys pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may deem all or any other part of the Building and Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall deliver to vest in Landlord all keys for or make known to Landlord the combination may dispose of locks on all safes, cabinets and vaults that may be located Tenant’s Property in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseany manner Landlord deems appropriate.

Appears in 1 contract

Samples: Single Tenant Industrial Triple Net Lease (GenMark Diagnostics, Inc.)

Surrender. Section 25.01. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition in which the Demised Premises were originally received from Landlord except as repaired, except for reasonable wear and tearrebuilt, damage from casualty restored, altered or condemnation and added to as permitted by any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination provision of this Lease and except for ordinary wear and tear and damage by fire or other casualty. Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Demised Premises upon such expiration or earlier termination, all property situated thereon which is owned by Tenant's personal . Tenant, at its cost and expense, shall repair any damage to any part of the Demised Premises caused by such removal. Any property of Tenant not so removed shall become the property of Landlord, which may thereafter cause such property to be removed from the Demised Premises and disposed of but the cost of any Trade Fixtures such removal and all Alterations that Landlord has elected to require Tenant to remove disposition as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair well as the cost of repairing any damage caused by such removalremoval shall be borne by Tenant. If such removal is not completed before Upon the expiration or earlier termination of the Term, Landlord Tenant shall have remove all computers and computer related and peripheral equipment (other than cabling and other related equipment that would be deemed fixtures) installed by Tenant at the right Demised Premises (but no obligation) to remove the samecollectively, "Computer Equipment Removal"), and Tenant, at its cost and expense, shall repair any damage to any part of the Demised Premises caused by such Computer Equipment Removal, which damage is of a nature that exceeds that damage which would be caused by the removal of office furniture and equipment customarily maintained by Tenant at Demised Premises. In no event shall such Computer Equipment Removal require Landlord to make any non-customary alterations or repairs to the Demised Premises in order to be able to prepare or finish any portion of the Demised Premises for rental to tenants for normal office purposes. Tenant shall pay reimburse Landlord on demand for all costs of removal and storage thereof and expenses incurred by Landlord in connection with the Computer Equipment Removal if Landlord shall reasonably deem such non-customary alterations or repairs necessary or advisable. In no event shall Tenant be required to pay for improvements to the rental value of Demised Premises that are being used to prepare the Premises space for a new tenant. Section 25.02. Upon the period from the end expiration or earlier termination 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 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 earliestLease, Tenant shall deliver the Building to Landlord broom clean, except in the event such surrender is due to a casualty or condemnation, as provided herein. Copies of all keys then current maintenance and service agreements and records, warranties in effect (all of which shall be assigned to the Premises Landlord, if such agreements or any other part warranties are assignable) and all plans and specifications relating to alterations 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 Improvements in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.possession shall

Appears in 1 contract

Samples: Sublease Agreement (Daleen Technologies Inc)

Surrender. A. Upon the expiration or termination of this Lease, Tenant shall whether by forfeiture, lapse of time or otherwise, or upon the termination of Lessee's right to possession of the Leased Premises, Lessee will at once surrender and deliver up the Premises Leased Premises, together with all fixtures, therein and all Tenant Improvements and Alterations improvements thereon, to Landlord broom-clean in good condition and in their original conditionrepair, except for reasonable wear and teartear and damage excepted. Such fixtures and improvements shall include all plumbing, damage from casualty or condemnation lighting, light fixtures, water heater (if any), electrical, heating, cooling and any changes resulting from approved Alterations; ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, howeverall additions and all improvements, that prior to temporary or permanent, in or upon the expiration or Lease Premises placed there by Lessee shall become Landlord's property and shall remain upon the Leased Premises upon such termination of this Lease Tenant by lapse of time or otherwise, without compensation or allowance or credit to Lessee, unless Landlord requests their removal in writing at or before the time of such termination of this Lease. If Landlord requests the removal of Lessee's improvements or fixtures, Lessee 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 injury or damage caused by to the Leased Premises which may result from such removal. If such removal is . B. Lessee agrees that if Lessee does not completed before surrender the expiration or termination of the TermLeased Premises to Landlord, 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 at 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 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 term of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or upon any other part cancellation of the Building and term of this Lease, then Lessee shall deliver pay to Landlord all keys for or make known damages that Landlord may suffer on account of Lessee's failure to surrender to Landlord possession of the combination Leased Premises, and will indemnify and save Landlord harmless from and against all claims made by any succeeding tenant of locks said premises against Landlord on all safes, cabinets and vaults that may be located account of delay of Landlord in the Premises. Tenant's obligations under this Section shall survive the expiration or termination delivery of this Leasepossession of said premises to said succeeding tenant so far as such delay is occasioned by failure of Lessee to so surrender said premises.

Appears in 1 contract

Samples: Warehouse Lease (International Cigar Holdings Inc)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 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 earlier termination of this Lease or the termination of Tenant's possessionright to occupy the Leased Property, whichever all Improvements shall automatically become the property of Landlord. Tenant covenants to thereupon surrender the Leased Property in good and (if applicable) operating condition, reasonable wear and tear excepted, free and clear of any liens, claims, charges or encumbrances and with no Hazardous Material located therein, thereon or thereunder (other than those liens, claims, charges, encumbrances and Hazardous Materials which are attributable to any act or omission of Landlord), and Tenant shall at its sole cost and expense remove Tenant's records and all consumable items from the Leased Property. If Tenant fails to remove any such records or consumable items, Landlord may deem the same abandoned by Tenant, or Landlord may, but is earliestnot obligated to, at Tenant's expense and without notice to Tenant, remove the same from the Leased Property and thereafter, in Landlord's sole discretion, use, consume, destroy, dispose of or sell all or any part thereof without notice to Tenant. Any proceeds from sales of such property by Landlord shall belong solely to Landlord. Upon termination of Tenant's occupancy, Tenant shall surrender all keys to the Premises or any other part of the Building promptly execute and shall deliver to Landlord all keys for or make known to Landlord (i) a quitclaim deed or, at Landlord's option, a memorandum, in recordable form, evidencing 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 LeaseLease and (ii) bills of sale and other documents and instruments of conveyance, transfer and assignment as Landlord may reasonably request to evidence Landlord's acquisition of ownership of the Improvements.

Appears in 1 contract

Samples: Ground Lease (Grand Casinos Inc)

Surrender. Upon the expiration or earlier termination of this LeaseLease for any reason, Tenant shall surrender the 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 interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all Tenant Improvements floors cleaned and Alterations to Landlord broom-clean and in their original conditionwaxed, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior all to the expiration or termination reasonable satisfaction of this Lease Landlord. Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises and the Project all of Tenant's ’s trade fixtures, furniture, moveable equipment and other personal property property, and any Trade Fixtures and all Alterations that which Landlord has elected elects to require Tenant be removed pursuant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS5.4, and repair any shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by such removalthe installation or removal of any of the foregoing items. If Tenant does not timely remove such removal is not completed before property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (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 expiration property, and without liability to Tenant or termination of the Term, any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the right costs of: (but no obligationi) to remove removal of any such Alterations or personal property, (ii) storage, transportation, and disposition of the same, and Tenant shall pay Landlord on demand for all costs of removal (iii) repair and storage thereof and for the rental value restoration of the Premises for Premises, together with interest thereon at the period Interest Rate from the end date 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 notice from Landlord (in which event title to all such property described in expenditure by 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 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.

Appears in 1 contract

Samples: Lease (PortalPlayer, Inc.)

Surrender. Upon Tenant shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear and damage due to causes beyond reasonable control of Tenant excepted) with all interior walls cleaned, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment in operating order and in good repair, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations as Landlord does not require Tenant to remove. Tenant, on or before the expiration of sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required by landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and the transportation and storage costs of such items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall surrender indemnify Landlord against loss or liability resulting from delay by Xxxxxx in so surrendering the Premises and all Tenant Improvements and Alterations Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior due 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 lost opportunities to require Tenant lease to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSsucceeding tenants, and repair any damage caused by such removalattorneys' fees and costs. If such removal is not completed before the expiration or 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 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 All keys to the Premises or any other part thereof shall be surrendered to Landlord upon expiration or sooner termination 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 LeaseLease term.

Appears in 1 contract

Samples: Lease Agreement (Wireless Inc)

Surrender. Upon of At the expiration or termination end of the term of this Lease, Tenant shall Leased Space surrender the Premises Leased space to Landlord, together with all alterations, additions and all Tenant Improvements and Alterations to Landlord broom-improvements thereto, in broom clean condition and in their original condition, good order and repair except for reasonable ordinary wear and teartear and damage for which Tenant is not obligated to make repairs under this Lease. Subject to Paragraph 9 hereof and if Tenant is not then in default under any of the terms hereof, Tenant shall have the right at the end of the term hereof to remove any equipment, furniture, trade fixtures or other personal property placed in the Leased Space by Tenant, provided that Tenant promptly repairs any 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, and repair any damage Leased Space caused by such removal. If Tenant shall repair all damage to the Leased Space caused by such removal is not completed before and restore the expiration or termination Leased Space to the condition in which it was prior to the installation of the Term, Landlord shall have the right (but no obligation) to remove the same, and items so removed. Tenant shall pay surrender the Leased Space to Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from at the end of the Term through the end term hereof, without notice 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 kind, and retrieve the property within ten (10) 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 right to any such notice as may be provided under any laws now or hereafter in effect in Pennsylvania. If Tenant shall fail to remove any of its equipment, furniture, trade fixtures or other personal property, Landlord for may remove and store the same at the expense of Tenant or sell the same on behalf of Tenant at public or private sale in such manner as is commercially reasonable, with any damage or loss proceeds thereof to Tenant resulting from Landlordbe first applied to the costs and expenses, including attorney's removalfees, storage, retention, or disposition of the storage and sale and the payment of any such property. Upon expiration or termination of this Lease or of amounts owed hereunder by the Tenant's possession, whichever is 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 Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Antares Pharma Inc /Mn/)

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Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 and remove from the Premises Tenant, (ii) all Tenant's ’s personal property and property, (iii) any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS 6 (Tenant Improvements & ALTERATIONSAlterations) 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 such removal. If such removal is not completed before the expiration or 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 ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or (and any other part of the Building 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 or not the keys are retained by Landlord. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Sublease (LendingClub Corp)

Surrender. Upon (a) Subject to the expiration provisions of Section 5.7 hereof, on the Term Expiration Date (or earlier termination of this Lease), Tenant Xxxxxx shall quit and surrender possession of the Leased Premises and all Tenant Improvements and Alterations to Landlord broom-clean in as good order and condition as they were in their original conditionon the Term Commencement Date, except for reasonable wear and tear, damage from casualty or damage, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, subcontractors, invitees and licensees excepted. Reasonable wear and tear shall not include any changes damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Leased Premises, and shall repair any damage to the Project resulting from approved Alterations; provided, however, that prior to such removal. Any such property not removed by Tenant by the expiration Term Expiration Date (or earlier termination of this Lease Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall remove fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all telephone of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant. (b) In addition, on the Term Expiration Date (or earlier termination of this Lease), Tenant shall remove, at its sole cost and expense, all of Tenant’s telecommunications lines and cabling installed by Tenant, including, without limitation, any such lines and cabling installed in the plenum or risers of the Building by Tenant and remove from in compliance with 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 & ALTERATIONSNational Electrical Code (collectively, “Wires”) and repair any all damage caused by such removal. If such removal is not completed before thereby and restore the expiration Leased Premises or termination the Building, as the case may be, to their condition existing prior to the installation of the TermWires (“Wire Restoration Work”). Landlord, Landlord shall have at its option, may perform such Wire Restoration Work at Tenant’s sole cost and expense. In the right (but no obligation) event that Tenant fails to remove perform the same, and Tenant shall Wire Restoration Work or refuses to 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 Wire Restoration Work (if Tenant does not pay all such costs and retrieve the property performed by Landlord) within ten (10) days after of Tenant’s receipt of Landlord’s notice from requesting Xxxxxx’s reimbursement for or payment of such costs or otherwise fails to comply with the provisions of this Section, Landlord (in which event title to may apply all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for or any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition portion of the Security Deposit toward the payment of any such property. Upon expiration costs or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys expenses relative to the Premises Wire Restoration Work 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 ’s obligations under this Section. The retention or application of such Security Deposit (if any) by Landlord pursuant to this Section does not constitute a limitation on or waiver of Landlord’s right to seek further remedy under law or equity. The provisions of this Section shall survive the expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: Office Building Lease (Aquinox Pharmaceuticals, Inc)

Surrender. Upon Tenant shall, upon expiration or sooner termination of this Lease, surrender the premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear and losses due to casualty and condemnation excepted) with all interior walls cleaned, all holes in walls repaired, all carpets cleaned, all HVAC equipment in operating order and in good repair, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (as defined in paragraph 8) as Landlord does not require Tenant to remove in accordance with paragraph 8.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the premises to its condition as of the date Tenant originally took possession thereof, and the transportation and storage costs of such items. If the premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall surrender indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises and all Tenant Improvements and Alterations premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord broom-clean due to lost opportunities to lease to succeeding tenants, and in their original condition, except for reasonable wear attorneys' fees and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior costs. All keys to the premises or any part thereof shall be surrendered to Landlord upon 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 such removal. If such removal is not completed before the expiration or sooner 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 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 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 Leaselease term.

Appears in 1 contract

Samples: Lease Agreement (Clontech Laboratories Inc)

Surrender. Upon At the expiration end of the Lease Term, or Renewal Term (if the Tenant has exercised its option for a Renewal Term) or upon the sooner termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations peaceably deliver up to Landlord broom-possession of the Premises, together with all improvements or additions thereto by whomsoever made, broom clean and in their original conditionthe same condition as received or first installed, except for reasonable excepting only ordinary wear and teartear and damage by fire, damage from casualty earthquake or condemnation other catastrophes not the fault of Tenant . Any trade fixtures, machinery, signs, and any changes resulting from approved Alterations; provided, however, that prior other personal property of Tenant not permanently affixed to the expiration or termination Premises shall remain the property of this Lease the Tenant and Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove them from the Premises all by the end of the Lease Term or Renewal Term. Any such property not so removed shall be deemed abandoned by Tenant, and at Landlord's personal property and any Trade Fixtures and all Alterations that election by notice to Tenant, title to the same shall thereupon pass to Landlord. If Landlord has elected does not elect by notice to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before take title to the expiration or termination abandoned property of the TermTenant, Landlord shall have may dispose of the right (but no obligation) to remove the same, abandoned property without accountability and Tenant shall be liable to Landlord for and shall pay to Landlord forthwith on demand for all the costs of removal and storage thereof with interest and for the rental value rate of 10% per annum on all expenses from the date of expenditure by Landlord. Finally, before delivering possession of the Premises for to the period Landlord hereunder, the Tenant shall have: 1) removed all of the residue from the end of Tenant's manufacturing processes (including soot and rubber shavings) to the Term through extent reasonably practical, 2) steam cleaned the end of Buildings in a commercially reasonable manner, and 3) repainted 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 notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord)Buildings. Tenant waives all Claims against Landlord for shall make any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of repairs required under this Lease or of Tenant's possession, whichever is earliest, Tenant shall section 22.01 and 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 Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Creative Medical Development Inc)

Surrender. Upon the expiration or termination of this Lease, by expiration or otherwise, Tenant shall peaceably surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean in good condition and in their original condition, except for reasonable wear repair consistent with Tenant's duty to make repairs as provided herein. All Alterations and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior decorations made to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building Premises by Tenant after the initial build-out shall remain and be the property of Landlord unless Landlord shall require Tenant (which election shall be made by Landlord at the time of Landlord's consent to same), at Tenant's expense, to remove any or all thereof and repair the damage caused by such removal. All furniture, equipment and unattached movable personal property owned by Tenant may (and upon Landlord's request shall) be removed from the Premises all Tenant's personal property by Tenant no later than the termination date, and Tenant shall repair any Trade Fixtures and all Alterations that Landlord has elected to require damage caused by such removal. Tenant to shall also remove as provided its satellite dish from the roof of the Building, its card access security system hardware and all cabling, wiring and ancillary equipment installed by Tenant in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, the Premises or the Building and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 are not surrendered upon 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 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 earliestas set forth herein, Tenant shall indemnify Landlord against all 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. Tenant shall also surrender all keys to the Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord the combination of locks on all safescombinations in any locks, cabinets safes and vaults that may be located vaults, if any, in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Metavante Corp)

Surrender. Upon At the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all Tenant Work (such Tenant Work to be in conformity with the provisions hereof) and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures, partitions, or other portions of Tenant Improvements and Alterations Work in any way bolted or otherwise attached to Landlord broom-clean and in their original conditionthe Premises (which shall become the property of Landlord), 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 Tenant Property, restore any slab penetrations made by Tenant, and remove any subtenant demising walls, private bath or shower facilities, 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 Work that Landlord has elected to require may direct Tenant to remove as provided (which items Landlord will designate at the time of Landlord’s approval of such work, if requested by Tenant in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSits submission for such Landlord approval), and repair any damage caused by such removalleave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1. If such removal is not completed Tenant shall, on or before the expiration or 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 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 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 earlier termination of this Lease, remove the goods, effects, fixtures, and improvements which Tenant is required or permitted to remove in accordance with the provisions of this Section, 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 items, Landlord may have them removed forcibly, if necessary, and store any of Tenant’s property in a public warehouse at the risk of Tenant. If such items are not removed from storage within thirty (30) days, such items may be sold by any 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 by Tenant or reimbursed by Tenant to Landlord.

Appears in 1 contract

Samples: Office Lease (Fusion Pharmaceuticals Inc.)

Surrender. Upon SECTION 4.01. On the expiration last day of the term hereof or upon any earlier termination of this Leaselease, Tenant or upon any re-entry by Sub-sublandlord upon the Demised Premises pursuant to Article 19 hereof, Sub-subtenant shall surrender the Premises Demised Premises, together with all fixtures and all Tenant Improvements articles of personal property attached to or used in the operation thereof, into the possession and Alterations use of Sub-sublandlord without delay and, subject to Landlord broom-clean the provisions of Section 15.03 hereof, in good order, condition and in their original conditionrepair, except for reasonable wear and teartear excepted, damage from casualty or condemnation free and clear of all lettings and occupancies other than subleases permitted by this lease and any changes resulting from approved Alterations; 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 fixtures and business equipment (not constituting part of the Demised Premises) may be removed by such subtenant at or prior to the termination of its sublease, provided, however, that the removal thereof will not contravene the provisions of the Ground Lease, the Mesne Lease or the Operating Lease and that Sub-subtenant shall with due diligence, and without expense to Sub-sublandlord, cause the Building to be promptly restored to its condition prior to such removal and cause any injury due to such removal to be promptly repaired. SECTION 4.03. Any personal property of Sub-subtenant or any subtenant which shall remain in the expiration or Building after the termination of this Lease Tenant shall remove all telephone lease or any sublease and other cabling installed in the Building by Tenant and remove removal of Sub-subtenant or such subtenant from the Premises all Tenant's personal Building, may, at the option of Sub-sublandlord be deemed to have been abandoned by Sub-subtenant or such subtenant and either may be retained by Sub-sublandlord as its property and or be disposed of, without accountability, in such manner as Sub-sublandlord may see fit. SECTION 4.04. Sub-sublandlord shall not be responsible for any Trade Fixtures and all Alterations that Landlord has elected loss or damage occurring to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage caused property owned by such removal. If such removal is not completed before the expiration or 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 Sub-subtenant or any portion subtenant. SECTION 4.05. The provisions of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice this Article 4 shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for survive 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 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 Leaselease.

Appears in 1 contract

Samples: Operating Sublease (Sl Green Realty Corp)

Surrender. Upon the termination of this Lease whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Property, Tenant will at once surrender and deliver up the Property, together with all improvements thereon, to Landlord, broom clean1 in good order, condition and repair, ordinary wear and tear excepted. "Broom clean" means free from all debris, dirt, rubbish, personal property of Tenant, oil, grease, tire tracks or other substances, inside and outside of the building and on the grounds comprising the Property. Any damage caused by removal of Tenant from the Property, including any damages caused by removal of Tenant's equipment as herein defined, shall be repaired by Tenant at its cost prior to the expiration of this Lease term. In the event any improvements or Tenant's equipment are not removed by Tenant at the time of the expiration' of this Lease tern,, Tenant shall pay rent until such improvements and fixtures and Tenant's equipment are removed. All additions, hardware, improvements, temporary or permanent, in or upon the Property placed there by Tenant will become Landlord's property and shall remain upon the Property upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Tenant, unless Landlord requests their removal. If Landlord so requests removal of such additions, hardware, or improvements and Tenant does make such removal by the termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 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 possessionrequest, whichever is earliestlater, Tenant shall surrender all keys Landlord may remove the same and deliver the same to the Premises or any other part place business of Tenant or warehouse the Building same, and shall deliver Tenant agrees to pay the cost of such removal, delivery and warehousing 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 Leasedemand.

Appears in 1 contract

Samples: Building Lease (Surebeam Corp)

Surrender. Upon the On expiration or early termination of this Lease, Tenant shall deliver all keys to Landlord, have final utility readings made and pay all utility accounts current on the date of move out, and surrender the Premises clean and free of debris inside and out, with all mechanical, electrical, and plumbing systems in good operating condition, all signing removed and defacement corrected, all repairs called for under this Lease completed, all interior walls repaired if damaged, all broken, marred or nonconforming acoustical ceiling tiles replaced, all interior windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all Tenant Improvements and Alterations floors cleaned, all to Landlord broom-clean and in their original condition, except for the reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that satisfaction of Landlord. Also prior to the expiration or earlier termination of this the Lease Term. Tenant shall, at its sole cost and expense, remove all Tenant’s personal property from the Premises. The Premises shall be delivered in the same condition as at the Commencement Date, subject only to damage by casualty, the provisions of Paragraphs 6.4, 6.5, 6.6 and 17.2 and depreciation and wear from ordinary use. Tenant shall remove all telephone of its furnishings and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal trade fixtures that remain its property and any Trade Fixtures and restore 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 resulting from such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) Failure to remove the said property shall be an abandonment of same, and Landlord may remove and/or dispose of it in any manner permitted under law without liability, 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 be liable 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 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 costs of removal, restoration, transportation to storage, retentionstorage and/or disposal, or disposition plus an administrative fee of any ten percent (10%), together with interest on ail such property. Upon expiration or termination expenses and fees at the interest rate provided in Paragraph 25.2, The provisions of this Lease or of Tenant's possessionParagraph 17.1 (including, whichever is earliestwithout limitation, 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 Premises. Tenant's obligations under this Section provisions referenced herein) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Sublease (Minerva Surgical Inc)

Surrender. Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionas good condition as when received, except for reasonable wear and teartear excepted, damage broom clean and free of trash and rubbish, and free from casualty all tenancies or condemnation occupancies by any person. Tenant shall remove all trade fixtures, furniture, equipment and any changes resulting from approved Alterationsother personal property installed in the Premises prior to the expiration or earlier termination of this Lease. Unless otherwise provided in Paragraph 7 or waived by Landlord in writing prior to the expiration or earlier termination of this Lease, Tenant shall remove at its sole cost all alterations, additions and improvements made by Tenant to the Premises; provided, however, that prior if Tenant requests Landlord to notify Tenant whether a particular alteration's removal will be required in conjunction with Tenant's request for Landlord's consent to any particular proposed alterations (together with such other documents, plans, etc. as Landlord may request in accordance with Paragraph 7), Landlord shall notify Tenant whether the removal of such alterations will be required at the expiration or earlier termination of this Lease Lease. Notwithstanding the foregoing, at the election of Landlord, all (or such portion as Landlord shall designate) alterations, additions and improvements to the Premises including, without limitation, all wall coverings, floor coverings, built-in cabinets, paneling and the like, shall become the property of Landlord and remain on the Premises at the end of the Term. Tenant shall remove shall, at its own cost, completely repair any and all telephone damage to the Premises and other cabling installed in the Building by Tenant and remove resulting 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 or caused by such removal. If The provisions of Paragraph 7 shall apply to such removal is not completed before the expiration or 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 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 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 Leaserepair work.

Appears in 1 contract

Samples: Standard Industrial Lease Agreement (Etoys Inc)

Surrender. (a) The expiration or termination of this Agreement shall not relieve Lessee of any liabilities or obligations hereunder which shall have accrued on or prior to the effective Termination Date of this Agreement or earlier termination as provided for herein. (b) Upon the expiration or termination of this LeaseAgreement, Tenant Lessee shall surrender cease forthwith all operations upon the Premises, immediately vacate the Premises and pay in full all Tenant Improvements fees and Alterations other amounts payable to Landlord broom-clean County as set forth in this Agreement, then due and owing. Lessee shall be responsible for vacating all subtenants, holdovers or other occupants, legal or otherwise from the Premises upon any expiration or earlier termination of this Agreement. (c) Upon the expiration of the Term or earlier termination as provided for in their original conditionthis Agreement, except for reasonable wear Xxxxxx agrees to surrender possession of the Premises in the condition required under Section 11. All maintenance and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that repairs shall be completed prior to surrender, and if applicable, the Aircraft Fuel Farm Facility and wash rack shall be removed prior to surrender. The Lessee shall deliver to the County all keys to the Premises upon surrender. The Lessee shall at its expense take all actions required by federal, state and County laws, rules and regulations, as well as all the terms and conditions of this Agreement, to remove from the Premises any hazardous substances or other Materials, whether stored in drums, or found in vats, containers, distribution pipe lines, or the like or discharged into the ground. (d) Lessee shall have the right at any time during the term of this Agreement to remove any furnishings, trade fixtures or equipment it has installed in, on or about the Premises, subject to any lien the County may have thereon for unpaid fees, charges, or other amounts payable under this Agreement, and provided that Lessee shall restore any damage to the Premises, and the Premises shall be returned to the County in the same condition as defined above. Any property not removed by Xxxxxx immediately upon the expiration or termination of this Lease Tenant Agreement 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 such removal. If such removal is not completed before the expiration or 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 become part of the Premises for and title thereto shall vest in County and any cost incurred by County in removing same shall be reimbursed to County by Xxxxxx. (e) In the event Lessee fails to surrender the Premises in the above required condition or has failed to complete any of the obligations due under this Agreement or any future amendments thereto, County shall not be obligated to accept Xxxxxx's surrender of the Premises until same have been satisfied. During the period of time from the end date of the Term through the end termination or expiration of the time reasonably required Lease and until the County is satisfied, in its sole discretion, with Xxxxxx's surrender of the Premises and County reduces its acceptance of surrender to writing as provided for such removal. Landlord shall also have in Section 22 below, 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 notice from Landlord (in which event title to all such property described in Landlord's notice Lessee shall be transferred to and vest considered a holdover tenant under the terms set forth 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 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 LeaseSubsection 35(b) herein.

Appears in 1 contract

Samples: Lease Agreement

Surrender. Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original good condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to 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 Tenant Improvements & ALTERATIONSAlterations, and repair any damage caused by such removal; provided, however, upon expiration or termination of this Lease Tenant shall not be obligated to remove any Hazardous Material from the Property unless Handled by Tenant at the Property. If such removal is not completed on or before the expiration or 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 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 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 LeaseLease .

Appears in 1 contract

Samples: Sublease (Clarent Corp/Ca)

Surrender. Upon the expiration or earlier termination of this LeaseLease for any reason, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionits condition existing as of the Commencement Date, except for reasonable (i) normal wear and tear, (ii) damage from casualty by fire or condemnation other casualty, (iii) effects of any condemnation, (iv) any Work (as defined in Section 5A) not required to be removed by Tenant, and (v) Hazardous Substances for which Tenant is not responsible under this Lease, with all interior walls repaired and repainted if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any changes resulting from approved Alterations; providedburned out or broken light bulb or ballasts, howeverthe HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, that prior and all floors cleaned and waxed, all to the expiration or termination reasonable satisfaction of this Lease Landlord. 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 all of Tenant's Work required to be removed pursuant to Section 5E, and all Alterations that restore the Premises to the condition which existed prior to their installation (or as otherwise specified by Landlord has elected to require in its approval of such Work). If Tenant fails to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSany alterations and/or Tenant's personal property, and repair any damage caused by such removal. If such removal is not completed before failure continues after the expiration or termination of the Termthis Lease, 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 may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if in public storage for Tenant's account. Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred liable 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 costs of removal of any such property. Upon expiration or termination of this Lease or of alterations and Tenant's possessionpersonal property and storage and transportation costs of same, whichever is earliestand the cost of repairing and restoring the Premises, Tenant shall surrender all keys to together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises or any other part of are not so surrendered at 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, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Lease (Clarify Inc)

Surrender. Upon At the expiration or other termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean in as good order and condition as they were at the commencement of the Term or may be put in their original conditionthereafter in accordance with this Lease, except for reasonable wear and tear, tear and (other than for any Restoration required by the terms of this Lease) damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration Premises by any Termination Casualty or termination Major Condemnation of this Lease Tenant shall remove all telephone the Premises excepted. All Alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other cabling installed in similar moveable equipment and shelving (“trade fixtures”), shall become the Building by Tenant property of Landlord and remove from shall remain upon and be surrendered with 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 such removala part thereof at the termination or other expiration of the Term. If such removal is not completed before At the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for remove its trade fixtures, as well as its Signs and identification marks, from the Premises. Tenant agrees to repair any and all costs of removal damage caused by such removal. Trade fixtures and storage thereof and for the rental value of the Premises for the period from personal property not so removed at the end of the Term through or within thirty (30) days after the end earlier termination of the time reasonably required Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such removalproperty to be removed from the Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Premises caused by such removal shall be borne by Tenant. Landlord shall also have not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the right to retain or dispose property of all or any portion Landlord as a result of such property if Tenant does not pay all such costs and retrieve the property within ten (10) 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 earlier termination. The provisions of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the 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 19 shall survive the termination or expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Orchard Supply Hardware Stores Corp)

Surrender. Upon Tenant shall, upon expiration or sooner termination of this Lease, surrender the premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all holes in walls repaired, and all HVAC equipment in operating order and in good repair, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (as defined in Paragraph 9) as Landlord does not require Tenant to remove in accordance with Paragraph 9.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the premises to its condition as of the date Tenant originally took possession thereof, and the transportation and storage costs of such items. If the premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall surrender indemnify Landlord against loss or liability resulting from delay by Xxxxxx in so surrendering the Premises and all Tenant Improvements and Alterations premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord broom-clean due to lost opportunities to lease to succeeding tenants, and in their original condition, except for reasonable wear attorneys' fees and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior costs. All keys to the premises or any part thereof shall be surrendered to Landlord upon 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 such removal. If such removal is not completed before the expiration or sooner 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 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 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 Leaseterm.

Appears in 1 contract

Samples: Lease Agreement (Corsair Communications Inc)

Surrender. Upon LESSEE shall at the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 earlier termination of this Lease Tenant shall remove all telephone of LESSEE's good and other cabling installed in the Building by Tenant and remove effects from the Premises (including, without hereby limiting the generality of the foregoing, all Tenant's personal property lettering, affixed or painted by the LESSEE, either inside or outside the Property). LESSEE shall deliver to LESSOR the Premises (subject to reasonable wear and any Trade Fixtures tear and damage by other casualty) and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSkeys, locks thereto, and repair other fixtures and equipment connected therewith to the extent installed by LESSOR and all alterations, additions and improvements made to or upon the Premises, including, but not limited to, any damage caused by such removaloffices, partitions, plumbing and plumbing fixtures, air conditioning equipment and duct and plumbing fixtures, air conditioning equipment and duct work of any type, exhaust or heaters, burglar alarms, telephone wiring, air or gas distribution piping, compressors, to the extent that the foregoing are attached to the walls or floors and all electrical work, including but not limited to, lighting fixtures of any type, wiring conduits, distribution panels, bus ducts, raceways, outlets and disconnects. If such removal is Lessee shall not completed before be obligated to restore the expiration or termination Premises to its pre-occupancy status. LESSEE shall deliver the Premises in a clean and neat order and in the same conditions as they were at the commencement of the Termterm, Landlord or as they were put in during the term hereof, reasonable wear and tear and damage by fire or other casualty only excepted. LESSEE shall have the right (but no obligation) to remove the sameany trade fixtures, equipment or personal property owned by LESSEE 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 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 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. TenantIn the event of LESSEE's obligations failure to remove any of the foregoing from the Premises, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any such property at LESSEE's expense, or to retain the same under this Section LESSOR's control or to sell at public or private sale without notice, any or all the property not so recovered and to apply the net proceeds from such sale to the payment of any sum due hereunder, or to destroy such property which shall survive the expiration or termination of this Leasebe conclusively deemed to have been abandoned.

Appears in 1 contract

Samples: Lease Agreement (Ydi Wireless Inc)

Surrender. Upon The Tenant, at the expiration of the Term or any earlier termination of this Lease, Tenant shall at its expense (a) surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 possession of the Premises for (including any fixtures or other improvements which are owned by the period from Landlord) in as good order and repair as on the end of Effective Date (ordinary wear and tear and damage by casualty excepted) and broom clean, (b) remove therefrom all signs, goods, effects, machinery, fixtures and equipment used in conducting the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain Tenant’s trade 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 notice from Landlord (in business 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 or any other are neither part of the Building Service Equipment nor owned by the Landlord. In the event Tenant fails to properly remove all of its personal property in accordance with the terms of this Section 3.4, Landlord at its option may either (i) cause that property to be removed at the risk and expense of Tenant (both as to loss and damage), and Tenant hereby agrees to pay all reasonable costs and expenses incurred thereby, including sums paid to store the property elsewhere and the cost of any repairs to the Premises caused by the removal of the property, or (ii) upon five (5) days’ written notice to Tenant, which the parties agree is commercially reasonable, sell at public or private sale any or all of such property, whether exempt or not from sale under execution or attachment (such property being deemed charged with a lien in favor of Landlord for all sums due hereunder), with the proceeds to be applied as set forth in this Lease, or (iii) at Landlord’s option, title for such personal property shall deliver pass to Landlord all keys for Landlord. Tenant shall not vacate or make known abandon the Premises at any time during the Term and discontinue the payment of Base Rent, but if Tenant does vacate or abandon the Premises or is dispossessed by process of law, any personal property belonging to Landlord Tenant and left on the combination Premises may, at the option of locks on all safesthe Landlord, cabinets be deemed to have been abandoned by Tenant, and vaults that may be located in the Premises. Tenant's obligations under provisions of this Section shall survive the expiration or termination of this Leaseapply.

Appears in 1 contract

Samples: Commercial Lease (Millennial Media Inc.)

Surrender. Upon the 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 the Project caused by the installation or removal of Tenant’s Property. Tenant shall further patch and fill all holes within the Premises. All penetrations of the roof shall be resealed to a water tight condition. 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 Premises Premises, together with all keys and all Tenant Improvements and Alterations security codes, to Landlord broom-broom clean and in their original conditionas good a condition as when received, except for ordinary wear and tear 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, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to restore the Premises 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 & ALTERATIONSrequired condition, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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) 2 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 Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's possession, whichever is earliest, ’s Property. Tenant shall surrender all keys pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may deem all or any other part of the Building and Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall deliver to vest in Landlord all keys for or make known to Landlord the combination may dispose of locks on all safes, cabinets and vaults that may be located Tenant’s Property in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseany manner Landlord deems appropriate.

Appears in 1 contract

Samples: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)

Surrender. Upon the expiration or sooner termination of this Leasethe Term or Tenant's right to possession of the Premises, Tenant shall surrender return the Premises and all Tenant Improvements and Alterations to Landlord broom-clean in substantially the same order and in their original conditioncondition when received, except for reasonable for, ordinary wear and tear, damage from by fire or other casualty or condemnation any other damage that Tenant has no obligation to repair. Tenant shall remove any of the initial improvements required to be removed pursuant to Exhibit B hereof, at its sole costs and any changes resulting from approved Alterations; provided--------- expense, however, that prior to the expiration or termination surrender of this Lease Tenant shall remove all telephone the Premises, and other cabling installed in restore any areas damaged by such removal to a reasonably good condition consistent with the Building by Tenant and remove from required condition of the balance of the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that under this paragraph. If Landlord has elected to require requires Tenant to remove as provided any alterations pursuant to Section 9, then such removal shall be done in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, a good and repair any damage caused by workmanlike manner; and upon such removalremoval Tenant shall restore the Premises to its condition prior to the installation of such alterations. If Tenant does not remove such removal is not completed before the expiration or termination of the Termalterations after request to do so by Landlord, Landlord shall have the right (but no obligation) to may remove the same, same and restore the Premises; and Tenant shall pay Landlord on demand for all costs the cost of such removal and storage thereof restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and for the rental value all other items of personal property from the Premises for the period from the end prior to termination of the Term through the end or Tenant's right to possession of the time reasonably required for such removalPremises. Landlord shall also have the right to retain or dispose of all or any portion of such property if If Tenant does not pay all remove such costs and retrieve items, Tenant shall be conclusively presumed to have conveyed the property within ten (10) days after notice from 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 title Landlord may cause such items to all such property described in be removed and disposed of at Tenant's expense, which shall be 115% of Landlord's actual cost of removal, without 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 and without obligation to compensate Tenant's possession, whichever is 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 Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Industrial Lease (Silicon Gaming Inc)

Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good 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, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant’s Personal Property and any Alterations that Landlord designates for removal pursuant to Paragraph 11(a) below (including the Courtyard Improvements, if applicable, but excluding the Tenant Improvements) and any other Alterations that Landlord designates for removal if such Alterations were not approved by Landlord, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove Tenant’s Personal Property and/or any Alterations that Tenant is required to remove, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender indemnify Landlord and Landlord’s Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable Premises. Normal wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to for the expiration or termination purposes 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 & ALTERATIONSLease, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred construed to mean wear 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 tear caused to the Premises or any other part by a natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair and janitorial practices to the Building and shall deliver to Landlord all keys for or make known to Landlord extent the combination of locks on all safes, cabinets and vaults that may be located in the Premises. same are Tenant's ’s obligations under this Section lease. It is not intended, nor shall survive it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the expiration or termination Term of this Leasethe Lease if commercially reasonable standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Samples: Lease Agreement (Silicon Image Inc)

Surrender. Upon the expiration or earlier termination of --------- this Lease for any reason, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty or condemnation excepted, with all interior walls cleaned and repaired, if marked or damaged, all carpets vacuumed (but not shampooed), all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all tiled (but not concrete) floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant?s trade fixtures and personal property as required herein, and those alterations required to be removed pursuant to Section 5.E., and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's trade fixtures, personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for the reasonable costs of removal of any such alterations and Tenant's personal property and the reasonable storage and transportation costs of the same, and the reasonable cost of repairing and restoring the Premises, together with interest at the interest rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender the Premises indemnify Landlord against all loss or liability, including attorneys' fees and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditioncosts, 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 delay by Tenant and remove from in so surrendering 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 & ALTERATIONSPremises, and repair any damage unless such delay is solely caused by such removal. If such removal is not completed before the expiration or 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 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 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 Leaseactions.

Appears in 1 contract

Samples: Lease (Navisite Inc)

Surrender. Upon the expiration or earlier termination of this Lease for any reason, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all provided furniture in good condition and repair, all interior walls repaired damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, the HVAC, plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant’s personal property and all of Tenant’s alterations required to be removed pursuant to Section 6.E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant’s personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant’s personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Default Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender the Premises indemnify Landlord against all loss or liability, including attorneys’ fees and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditioncosts, 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 delay 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 such removal. If such removal is not completed before the expiration or 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 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 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 so surrendering the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Rainmaker Systems Inc)

Surrender. Upon the expiration Expiration Date or termination of this Sublease, Subtenant shall quit and surrender to Sublandlord the Subleased Premises, in the condition required by the terms of the Prime Lease, Tenant including, without limitation, performance of all removal and restoration obligations regardless of which entity or person installed or performed the alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, or furniture. Without limiting the foregoing, Subtenant shall surrender remove from the Subleased Premises all of its personal property, furniture, furnishings, and equipment, and shall repair all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that such removal or its use of the Subleased Premises. If Subtenant fails to remove any of Subtenant’s personal property or perform any required repairs or restoration prior to the expiration or earlier termination of this Lease Tenant shall remove all telephone Sublease, then Sublandlord, at Subtenant’s sole cost and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's expense, may remove, store, sell and/or dispose of Subtenant’s personal property and perform such required repairs and restoration work. Subtenant shall reimburse Sublandlord for any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove costs and expenses incurred by Sublandlord (whether directly or as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligationa pass-through) 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 cause such property if Tenant does not pay to be removed and repairs and restorations made, together with any and all such costs damages which Sublandlord may suffer and retrieve the property within ten sustain by reason of Subtenant’s failure to perform its obligations set forth in this Section, plus a [***] percent (10[***]%) days after notice from Landlord (in which event title administration fee. Subtenant’s obligations to all such property described in Landlord's notice shall be transferred to perform 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 observe this Lease or of Tenant's possession, whichever is 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 Premises. Tenant's obligations under this Section covenant shall survive the expiration or earlier termination of this LeaseSublease.

Appears in 1 contract

Samples: Sublease Agreement (Senti Biosciences, Inc.)

Surrender. Upon the expiration or termination of this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original conditionthe same condition as received, except for reasonable broom clean, ordinary wear and teartear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Any Trade Fixtures, damage from casualty or condemnation Tenant-Made Alterations 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 property not so removed by Tenant as permitted or required herein shall be deemed abandoned 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 & ALTERATIONSmay be stored, removed, and repair any damage caused disposed of by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the sameat Tenant’s expense, 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 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 claims against Landlord for any damage or loss to Tenant damages resulting from Landlord's removal, storage, retention, or ’s retention and disposition of any such property. Upon expiration or All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the condition and repair of the Premises. Notwithstanding the provisions of this Lease or of Tenant's possession, whichever is earliestParagraph 21, Tenant shall surrender not be obligated to remove any or all keys of the Initial Improvements to the Premises constructed by Landlord pursuant to the Construction Addendum attached to this Lease, nor any Tenant-Made Alterations constructed by or any other part for the benefit of Tenant during the Lease Term, provided that in connection with the approval of the Building plans and shall deliver specifications for such Tenant-Made Alterations, Tenant specifically requested and obtained in writing the agreement of Landlord that such Tenant-Made Alterations would not be required 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 removed upon the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Volterra Semiconductor Corp)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 shall, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's ’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 Tenant Improvements & ALTERATIONSAlterations, and repair any damage caused by such removal; provided, however, that Tenant shall not be required to remove (i) any portion of the Tenant Improvements (except for wiring and cabling), subject to the terms and conditions of Section 6.1 above; (ii) Standard Office Improvements, (iii) the vault located in Suite 100 of the Premises as of the date of this Lease and the vault located in Suite 150 of the Premises as of the date of this Lease, (iv) the two (2) above-grid air conditioning units in the second (2nd) floor computer room, (v) the private elevator servicing between the first (1st) and second (2nd) floors of the Premises, and (vi) the air conditioning unit in the electrical room of Suite 150. In any event, and notwithstanding anything to the contrary contained herein, unless otherwise notified in writing by Landlord, Tenant shall remove any signage installed by or on behalf of Tenant pursuant to this Lease or the Existing Leases, any supplemental heating, ventilating and air conditioning unit servicing the Premises and installed therein as of the date of this Lease, the existing night depository and Tenant’s Security System. If such removal is not completed before the expiration or 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 notice from Landlord (in which event title to all such property described in Landlord's ’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 ’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's ’s possession, whichever is 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 Premises. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Bridge Capital Holdings)

Surrender. Upon At the expiration or termination of this Leasethe Lease Term, Tenant shall peaceably to surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original good order, repair and condition, except for and in conformance with all Legal Requirements, reasonable wear and tear, tear and damage from by ire or casualty or condemnation taking excepted 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 deliver to Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 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 or any other xxx thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the Building realty and shall deliver belong to Landlord all keys for or make known without compensation 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 Tenant upon the expiration or sooner termination of the Lease Term, at which time title shall pass to Landlord under this Lease as if by a xxxx of sale, unless Landlord elects otherwise and notifies Tenant to remove any such tenant improvements at any time prior to the expiration of the Lease Term. If Landlord elects for Tenant to remove any or all of such tenant improvements, Landlord shall notify Tenant in writing no later than thirty (30) days prior to the expiration of the Lease Term as to which tenant improvements are to be removed prior to the expiration of the Lease. If Landlord fails to so notify Tenant, Tenant shall have no obligation to remove such tenant improvements and restore the Premises as a result of such removal. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment (“Personal Property”) shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of this Lease. Upon demand by Landlord, Tenant shall remove, at Tenant’s sole cost and expense, forthwith and with all due diligence (but in any event prior to the expiration or earlier termination of the Lease Term), any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises or the Building Complex caused by such removal. In the event Tenant fails so to remove any Personal Property or any such alterations, additions and improvements or fails to repair any such damage to the Premises or the Building Complex caused thereby, Landlord may do so and collect from Tenant the cost of such removal and repair in accordance with Section 7.8 hereof.

Appears in 1 contract

Samples: Sublease Agreement (Energy Focus, Inc/De)

Surrender. 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, ordinary wear and damage by fire or other casualty excepted. If, in connection with the approval of plans for any alterations, 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 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 termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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, and repair any damage caused by such removal. If such removal is not completed before the expiration or earlier termination of the Term, Landlord shall have the right (but no obligation) to . If Tenant does not remove the sameapplicable 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 Landlord on demand for all costs the reasonable cost of the removal and storage thereof restoration to Landlord within thirty (30) days following Landlord’s written demand. Notwithstanding the foregoing, it is understood and for agreed that Tenant shall remove its FF&E (other than any associated telephone, data and power wiring and cabling installed in connection with the rental value of Tenant Improvements) from the Premises for the period from the end prior to termination of the Term through the end 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 reasonably required for such removalto 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 also have prepare and agree upon an updated list of the FF&E within the Premises, which shall be insured by Tenant under this Lease and shall be removed by Tenant upon the expiration of the Term or Tenant’s right to retain or dispose of all or any portion of such property if possession. If Tenant does not pay all such costs remove the FF&E (other than cabling and retrieve wiring as described above), Tenant shall be conclusively presumed to have conveyed the property within ten (10) days after notice from same to Landlord (without further payment or credit by Landlord to Tenant, or at Landlord’s sole option and without limiting any other rights or remedies available to Landlord, the items shall be deemed abandoned, in which event title Landlord may cause the items to all such property described in Landlord's notice be removed and disposed of at Tenant’s expense, which shall be transferred to and vest in Landlord’s reasonable cost of removal (less any net proceeds received by Landlord from the sale thereof). Tenant waives all Claims against Landlord for any damage or loss , without notice to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of and without obligation to compensate Tenant's possession, whichever is 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 Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Houghton Mifflin Co)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 property, (other than cabling and telephone equipment) and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS Tenant Improvements & ALTERATIONSAlterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 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 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.

Appears in 1 contract

Samples: Lease Agreement (Pegasus Solutions Inc)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation condemnation, Hazardous Materials not caused by Tenant or Tenant's Agents 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 Tenant Improvements & ALTERATIONSAlterations, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 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 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.

Appears in 1 contract

Samples: Lease Agreement (Bell Microproducts Inc)

Surrender. Upon At the expiration or termination of the term of this Leaselease, Tenant shall surrender or upon any sooner termination thereof, the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 Lessee herein shall remove all telephone of his goods, wares, merchandise, furniture and fixtures from the leased premises, and will peaceably yield unto the Lessor the said leased premises in as good order, repair and condition as when delivered by Lessor, ordinary wear and tear and damage by the elements alone excepted. Lessee must repair any holes or other damage left after removal of any items owned by Lessee. All improvements made to the leased premises shall belong to Lessor and may not be removed by Lessee. ATTORNEY'S FEES Should either party hereto institute any action or proceeding in court to enforce any provisions hereof or for damage by reason of alleged breach of any provisions of this lease or for a declaration of such party's rights or obligations hereunder, or for any other judicial remedy, the prevailing party shall be entitled to receive from the losing party such amount as the court may adjudge to be reasonable as attorney fees for the services rendered to the party ultimately prevailing in any such action or proceeding. PROTECTION FROM LIENS Lessee shall keep the demised premises at all times during the term hereof free of Mechanic's Liens and Materialman's Liens or other liens of like nature other than liens created or claimed by reason of any work done by or at the instance of Lessor, and Lessee shall at all times fully protect and indemnify Lessor against all such liens or claims which may ripen into liens and against all attorney's fees 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 such removal. If such removal is not completed before the expiration or 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 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 expenses growing out of or loss to Tenant resulting from Landlord's removal, storage, retention, incurred by reason of or disposition on account of any such property. Upon expiration claim or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the 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 Leaselien.

Appears in 1 contract

Samples: Lease Agreement (Palweb Corp)

Surrender. Upon Subtenant shall, on or before the expiration Expiration Date, remove all personal property, furniture, trade fixtures and other equipment,provided that the removal of the same does not adversely affect the Building structure or termination of this any Building operating system or is not prohibited by the Master Lease, Tenant and that Subtenantpromptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event that Subtenantfails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Subleased Premises after the Expiration Date shall surrender be deemed abandoned and Sublandlordmay dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Master Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any associated repair or restoration of the Subleased Premises and required under the Master Lease. In all Tenant Improvements and Alterations to Landlord broom-clean and other respects, Subtenant shall deliver the Subleased Premises broom clean, in their original conditionits condition as of the Commencement Date, except for reasonable wear and teartear and casualty excepted. In no event shall Subtenantremove any of the plumbing, damage from casualty 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 Subleased Premises free of all liens, charges or condemnation and any changes encumbrances resulting from approved Alterations; providedany act or omission on Subtenant’spart, howeverand free and clear of any and all violations of any law, that prior 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”). Subtenantshall indemnify Sublandlord against any and all loss, expense, damage, costs or attorneys’ fees arising out of Violations occurring any time on or after the expiration Commencement Date. The voluntary or termination other surrender of this Lease Tenant Sublease by Subtenant,or a mutual cancellation thereof, shall remove all telephone and not automatically terminate any sub-subleases or sub-subtenancies or other cabling installed in the Building agreements by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord which Subtenant has elected granted rights to require Tenant third parties to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 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 or any other part of the Building and shall deliver Subleased 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 Landlord Sublandlordof any or all keys for such sub-subleases 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 sub-subtenancies or termination of this Leasesuch other agreements.

Appears in 1 contract

Samples: Sublease Agreement (Titan Corp)

Surrender. Upon the expiration or earlier termination of this LeaseLease for any reason, Tenant shall surrender the Premises to Landlord in its condition existing as of the date this Lease is fully executed, normal wear and tear excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all building systems, including the plumbing, HVAC, ALC and electrical systems and lighting in good order and repair, and everything else in good repair for which Tenant is responsible under Section 9(b) hereof, including replacement of any burned out or broken light bulb or ballasts, and all Tenant Improvements floors cleaned and Alterations to Landlord broom-clean and in their original conditionwaxed, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior all to the expiration or termination reasonable satisfaction of this Lease Landlord. 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 of Tenant's alterations which Landlord has elected to require requires Tenant to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONSremove, and repair any damage caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such removal is not completed before failure continues after the expiration or termination terxxxxxxon of the Termthis Lease, 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 may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property if in public storage for Tenant's account. Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred liable 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 costs of removal of any such property. Upon expiration or termination of this Lease or of alterations and Tenant's possessionpersonal property and storage and transportation costs of sxxx, whichever is earliestxnd the cost of repairing and restoring the Premises, Tenant shall surrender all keys to together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises or any other part of are not so surrendered at 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, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Samples: Lease (Marvell Technology Group LTD)

Surrender. Upon the expiration or earlier termination of this Lease, subject to the normal wear and tear of the Premises, 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, 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 Premises Premises, together with all keys and all Tenant Improvements and Alterations security codes, to Landlord broom-clean broom clean, in as good a condition as when received, and in their original conditionthe condition described on Exhibit H attached hereto, except for ordinary wear and tear 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, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to restore the Premises 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 & ALTERATIONSrequired condition, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right within five (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 (105) 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 Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's possession’s Property, whichever is earliestexcept for the negligence or willful misconduct of Landlord, its agents or contractors. Tenant shall surrender all keys pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, EXECUTION COPY within 30 days after notice, Landlord may deem all or any other part of the Building and Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall deliver to vest in Landlord all keys for or make known to Landlord the combination may dispose of locks on all safes, cabinets and vaults that may be located Tenant’s Property in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Leaseany manner Landlord deems appropriate.

Appears in 1 contract

Samples: Multi Tenant Industrial Triple Net Lease (Pfsweb Inc)

Surrender. Upon the expiration or termination of this Lease, Lease Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 Tenant Improvements & ALTERATIONSAlterations or, at Landlord's election, any work performed on the Premises by Tenant without Landlord's consent, and repair any damage caused by such removal. If such removal is not completed before the expiration or 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 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 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.

Appears in 1 contract

Samples: Lease Agreement (FSP 50 South Tenth Street Corp)

Surrender. Upon the expiration of the Term or any earlier termination of this the Lease, Tenant shall, if Landlord so requests, remove all exposed computer, telephone and other wiring, cables and equipment and Tenant's property; and tenant shall surrender the Demised Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original good condition, except for reasonable ordinary wear and tear, tear and damage from casualty causes beyond Tenant's reasonable control excepted. In the event of Tenant's failure to so remove such equipment or condemnation Tenant's property, Landlord shall have the option either to 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 changes resulting from approved Alterations; providedpart thereof after the expiration of the Term or earlier termination of the Lease, howeverwithout Landlord's prior consent, that prior Tenant (without prejudice to any of Landlord's other rights and remedies) shall pay to Landlord, on a daily basis, an amount equal to one and one-half (1-1/2) times the Net Rent stipulated in Section 1.04(a) hereof (or the 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 Landlord for such period of Tenant's holdover, and (ii) all damages sustained by Landlord by reason of Tenant's retention of possession. Nothing contained in the Lease shall be construed as a consent by Landlord to the occupancy or possession by Tenant of the Demised Premises beyond 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 such removal. If such removal is not completed before the expiration or prior termination of the Term, Landlord shall have the right (but no obligation) to remove the sameand Landlord, 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 upon such expiration or prior termination of the Term through shall be entitled to the end benefit of all legal remedies now in force or hereafter enacted relating to the speedy repossession 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 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 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 Demised Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Medco Health Corp)

Surrender. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, 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 Building 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 such removal. If such removal is not completed before the expiration or 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 removalthereof. 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 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 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.

Appears in 1 contract

Samples: Lease Agreement (3do Co)

Surrender. Upon the expiration or termination of this Lease, by expiration or otherwise, Tenant shall peaceably surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean in good condition and in their original conditionrepair consistent with Tenant’s duty to make repairs as provided herein, except for reasonable ordinary wear and teartear and damage by insured, damage from fire and other casualty or condemnation excepted. All Alterations and any changes resulting from approved Alterations; provided, however, that prior decorations made to the expiration or termination of this Lease Premises by Tenant shall remove all telephone remain and other cabling installed in be the Building by Tenant and remove from the Premises all property of Landlord unless Landlord shall require Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant , at Tenant’s expense, to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, any or all thereof and repair any the damage caused by such removal. If such removal Landlord is not completed before the expiration or termination of the Termprovided with accurate plans and specifications, Landlord shall have the right (but no obligation) indicate, prior to remove the samecommencement of construction or installation of any Alteration or decoration, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of whether such Alterations or decorations will remain with the Premises for the period from at the end of the Lease Term through or any extension thereof. Notwithstanding the end of foregoing, all furniture, inventory, manufacturing equipment, and trade fixtures, and unattached movable personal property owned by Tenant may (and upon Landlord’s request shall) be removed from the time reasonably required for Premises by Tenant no later than the termination date and Tenant shall repair any and all damage caused by such removal. Landlord Tenant shall also have the right to retain or dispose of remove all or (i) air compressors, (ii) electrical substations, (iii) air handling equipment, (iv) exhaust systems, and (v) steel storage shed and Tenant shall repair any portion of and all damage caused by such property if Tenant does removal. If the Premises are not pay all such costs and retrieve surrendered upon the property within ten (10) 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 earliestas set forth herein, Tenant shall indemnify Landlord against all 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. Tenant shall also surrender all keys to the Premises or any other part of the Building and shall deliver to inform Landlord all keys for or make known to Landlord the combination of locks on all safescombinations in any locks, cabinets safes and vaults that may be located vaults, if any, in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Alliance Laundry Corp)

Surrender. Upon 24.01 On the expiration last day of the Term, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to the Landlord broom clean, in good order, condition and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, repair except for reasonable ordinary wear and teartear and damage by fire or other insured casualty, 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 restored as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS12.01. 24.02 Prior to such surrender, Tenant shall (a) remove Tenant's Property subject to the provisions of Article 13 hereof, (b) at Landlord's request remove from the Demised Premises all improvements, alterations, additions, fixtures and equipment (sometimes herein called "additional work") other than Tenant's work attached hereto as Exhibit C, whether such additional work was performed by Tenant or by Landlord on Tenant's behalf, and whether such additional work consisted of extra or special work or additional items or quantities of Building standard work, and (c) at Landlord's request, repair any damage caused and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal. If such removal is not completed before the expiration or termination , and restore those parts of the TermDemised Premises from which the removal referred to in subparagraphs (a) and (b) above occurred, Landlord shall have the right (but no obligation) to remove the same, a condition which will blend with and Tenant shall pay Landlord on demand for all costs of be comparable to adjacent areas. Tenant's 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 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 repair obligations hereunder with respect to the Demised Premises shall extend to the core area or any other part of the Building and where any additional work was performed by or on behalf of Tenant. If Tenant shall deliver fail to perform as provided in this Section 24.02, Landlord all keys for or make known shall have the right to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. do so at Tenant's obligations under this Section cost and expense, without further notice or demand upon Tenant, and Tenant shall survive indemnify Landlord against all loss or liability resulting therefrom, including, without limitation, any delay in granting occupancy of the expiration or termination of this LeaseDemised Premises to a future occupant.

Appears in 1 contract

Samples: Office Lease Agreement (Star Telecommunications Inc)

Surrender. Upon On the expiration Expiration Date or upon the termination of this Leasehereof upon a day other than the Expiration Date, Tenant shall peaceably surrender the Demised Premises and all in the condition in which the Demised Premises were delivered to Tenant Improvements and Alterations to Landlord broom-clean and as set forth in their original conditionSection 1.0 hereof, except for reasonable wear and tear. Permitted alternations and insured casualty 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, damage Tenant shall, at its expense, remove all trade fixtures, personal property and equipment and signs from casualty or condemnation the Demised Premises and any changes resulting from approved Alterations; providedproperty not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by Tenant and at its expense. All alterations, howeveradditions, that prior to improvements and fixtures (other than Tenant’s Property) which shall have been made or installed by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall remove all telephone and other cabling installed in the Building indemnify Landlord against loss or liability or claims made 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 such removal. If such removal is not completed before the expiration or 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 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 succeeding Tenant resulting from Landlord's removal, storage, retention, or disposition of any such propertydelay. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall promptly surrender all keys for the Demised Premises to Landlord at the Premises or any other part place then fixed for payment of the Building rent and shall deliver to inform Landlord all keys for or make known to Landlord of combinations of any locks and safes on the combination of locks on all safes, cabinets and vaults that may be located in the Demised Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Commercial Lease (Thoratec Corp)