Common use of Surrender Clause in Contracts

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 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 floors cleaned, 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 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

Sources: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies 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 Datedate 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 vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and the Project all of Tenant's alterations required trade fixtures, furniture, moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5E5.3, and shall restore the Premises to its 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 fails does not timely remove such property, then Tenant shall be conclusively presumed to remove any alterations and/or Tenanthave, at Landlord's personal election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and such failure continues after the termination of this Lease, Landlord may retain or 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 and all rights of Tenant with respect to it shall ceaseabandoned, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for the costs of of: (i) removal of any such alterations Alterations or personal property, (ii) storage, transportation, and Tenant's personal property and storage and transportation costs disposition of the same, and the cost (iii) repair and restoration of repairing and restoring the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 2 contracts

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

Surrender. Upon On the expiration Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or earlier Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this --------- Lease for any reasonLease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant's Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's Personal Property. Tenant will be liable to Landlord for Landlord's costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant's Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in its the condition existing as of the Commencement Date, normal wear and tear and damage required 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 floors cleaned, 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 LeaseParagraph, Tenant shall indemnify indemnify, defend, and hold Landlord harmless from and against all loss or liabilityliabilities, including damages, losses, costs, expenses, attorneys' fees and costs, claims resulting from delay such failure, including without limitation any claim for damages made by Tenant in so surrendering the Premisesa succeeding tenant.

Appears in 2 contracts

Sources: Office Lease Agreement (Evoke Pharma Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp)

Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of --------- this --------- Lease for any reason. Tenant shall Lease, surrender the Premises to Landlord in its the same condition existing as of existed on the Commencement Date, normal date Tenant originally took possession thereof (reasonable wear and tear and damage by fire or other casualty due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired cleaned, all interior painted surfaces repainted in the original color, if damagednecessary, all holes in walls repaired, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, HVAC equipment servicing only the plumbing Premises in operating order 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 cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from at such time also surrender to Landlord such alterations (to 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 Premises) as Landlord does not require Tenant fails to remove any alterations and/or in accordance with Paragraph 7.6 above. Tenant's personal property, and such failure continues after on or before the expiration or sooner termination of this Lease, Landlord may retain or dispose shall remove all of such its personal property and trade fixtures from the Premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations and Tenant's personal property and storage and transportation costs Tenant fails to remove if so required by Landlord, together with the cost of samereturning the Premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.

Appears in 2 contracts

Sources: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group 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 Datedate 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 vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and the Project all of Tenant's alterations required ’s trade fixtures, furniture, moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5E5.3, and shall restore the Premises to its 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 fails does not timely remove such property, then Tenant shall be conclusively presumed to remove any alterations and/or Tenant's personal have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and such failure continues after the termination of this Lease, Landlord may retain or 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 and all rights of Tenant with respect to it shall ceaseabandoned, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for the costs of of: (i) removal of any such alterations Alterations or personal property, (ii) storage, transportation, and Tenant's personal property and storage and transportation costs disposition of the same, and the cost (iii) repair and restoration of repairing and restoring the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 2 contracts

Sources: Lease Termination Agreement (Proxim Corp), Lease (Nextg Networks Inc)

Surrender. Upon the expiration of the Lease Term, or upon the earlier termination of this --------- Lease for any reason. Lease, Tenant shall vacate and surrender the Leased Premises to Landlord in its first class condition existing as and repair and in full compliance with the maintenance, repair and replacement provisions of this Lease. In any event, Tenant shall cause the Commencement Date, normal wear and tear and damage by fire following to be done prior to the expiration or other casualty excepted, with the sooner termination of this Lease: a. all interior walls shall be painted or cleaned so that they appear freshly painted; b. all non-carpeted floor coverings shall be cleaned and waxed to the extent they are in first class condition; c. to the extent non-carpeted floor coverings are not in first class condition, said floor coverings shall be repaired if damagedor replaced, as necessary; d. all carpets vacuumednot in first class condition shall be cleaned and shampooed to the extent necessary to place them in first class condition as reasonably determined by Landlord; e. to the extent cleaning and shampooing does not place the carpets in first class condition as reasonably determined by Landlord, such carpets shall be replaced, to the extent necessary, with neutral carpets of equal or better quality; f. all broken, marred marred, stained or nonconforming acoustical ceiling tiles shall be replaced, ; and g. all windows shall be washed. If Landlord so requests, the plumbing and electrical systems and lighting in good order and repairTenant shall, 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, all prior 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 expiration or sooner termination of this Lease, Landlord may retain remove any Alterations which Tenant is required to remove pursuant to Section 11 and repair all damage caused by such removal. If the Leased Premises are not so surrendered upon the expiration or dispose sooner termination of such property and all rights of Tenant with respect to it shall ceasethis Lease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for all costs of removal of any incurred by Landlord in conforming the Leased Premises to the required condition, plus interest on all 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 LandlordDefault Rate. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability to the extent resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant to the extent related to such delay.

Appears in 2 contracts

Sources: Lease (Speedfam Ipec Inc), Lease Agreement (Novellus Systems Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. the Term, Tenant shall surrender the Premises to Landlord in its good condition existing as of the Commencement Dateand repair, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replacedreplaced 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 bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable (if Tenant is at any time, pursuant to Landlordthe 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 all Tenant's personal property and all of Tenant's alterations any Alterations required to be removed pursuant to Section 5EParagraph 11, and restore the Premises to its condition prior to their installationall Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any alterations such Alterations and/or Tenant's personal property’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 ’s account. Tenant shall be liable to Landlord for costs of removal of any such alterations Alterations and Tenant's personal property ’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, 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 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, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.

Appears in 2 contracts

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

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its the condition existing in which the Premises were originally received from Landlord, except as of the Commencement Daterepaired, normal rebuilt, restored, altered or added to as permitted or required hereby and except for ordinary wear and tear and damage by fire or other casualty excepted, except for the limitations set forth in the Section 2.5(a) 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 floors cleaned, all respect to the reasonable satisfaction of Landlordroof replacement. Tenant shall remove from the Premises on or prior to such expiration or termination all Tenant's personal property situated thereon which is not owned by Landlord; all Tenant Improvements and Alterations that Landlord has required be removed in accordance with Section 3.4(a) hereof and all of Tenant's alterations required ’s Personal Property (collectively the “Removal Items”) and shall repair any damage caused by such removal. Property not so removed shall (only at Landlord’s option) become the property of Landlord, and Landlord may cause such property to be removed pursuant to Section 5E, and restore from the Premises and disposed of, but the actual cost of any such removal and disposition and of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything contained herein to its condition the contrary, Tenant shall not be required to remove at the expiration or earlier termination of this Lease any of the Building Improvements or Alterations made by Tenant during the Lease Term that constitute normal and customary Alterations for the Permitted Use as a generic warehouse and distribution facility. Landlord and Tenant shall use good faith, reasonable efforts to walk through the Premises at least thirty (30) days prior to their installationthe expiration or sooner termination of this Lease and identify those Removal Items that Landlord has elected in accordance with the terms of this Lease to permit to remain in the Premises (which items shall be the property of Landlord) and those Removal Items that Landlord requires that Tenant remove at Tenant’s sole cost. If Tenant fails shall repair any damage to the roof, walls or floor resulting from the removal of the Removal Items and shall cause the floor to be delivered level without holes or penetrations or protrusions. Landlord’s right to pursue Tenant for damages on account of damage caused by the removal of the Removal Items or Tenant’s failure to remove any alterations and/or Tenant's personal property, and such failure continues after the Removal Items as herein required shall survive the expiration or sooner 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 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

Sources: Lease Agreement (Thorne Healthtech, Inc.)

Surrender. Upon On the expiration Term Expiration Date (or earlier termination of this --------- Lease for any reason. Lease), Tenant shall quit and surrender possession of the Premises to Landlord in its as good order and condition existing as of they were in on the Term Commencement Date, normal reasonable wear and tear, taking by condemnation and repairs which are Land▇▇▇▇'▇ ▇esponsibility under Section 7.6 herein excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall also surrender to Landlord such Alterations as Tenant is required or entitled to leave pursuant to Section 5.6 herein. Tenant shall remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises, and shall repair any damage by fire or other casualty exceptedto the Premises resulting from such removal and restore the Premises to their original condition, with all interior walls repaired if damagedcleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting HVAC equipment in good order condition and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced repair reasonable wear and repaired by a reputable and licensed service firm acceptable to Landlordtear excepted, and all floors cleanedcleaned and waxed. Any furniture, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's equipment, trade fixtures or other personal property and all of Tenant's alterations required to be not removed pursuant to Section 5E, and restore by Tenant by 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 Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may retain remove any or all of such items and dispose of such property same in any lawful manner or store same in a public warehouse or elsewhere for the account and all rights at the expense and risk 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 costs of removal and storage of any furniture, equipment, trade fixtures or other personal property, the costs of removal of any such alterations which Tenant is required to remove hereunder, and any other reasonable loss, cost, damage, liability or expense incurred by Landlord arising from 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 failure to timely surrender the Premises are not so surrendered at in compliance with this Section. The obligations of Tenant under this Section shall survive the expiration or sooner 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

Sources: Triple Net Building Lease (Apbiotech)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation 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 Landlordchanges resulting from approved Alterations, and all floors cleaned, all Tenant shall have no obligation to remove Alterations or Minor Alterations to the reasonable satisfaction Premises except to extent specifically provided in this Lease; provided, however, that prior to the expiration or termination of Landlord. this Lease Tenant shall remove from the Premises all Tenant's telephone and electronic cabling and security systems installed in the Building by Tenant, personal property and any Trade Fixtures and all Alterations and Minor Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal, provided, however, that Tenant shall not be required to remove any telephone or other cabling installed in the Building by Tenant if Tenant fulfills the initial 144 month Term of this Lease. 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 Tenant shall indemnify Landlord from any other costs or damages incurred by Landlord by reason of Tenant's alterations required failure to be removed pursuant complete timely removal. Landlord shall also have the right 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 if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenantwhich event title to all such property described in Landlord's accountnotice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such alterations and property. Upon expiration or termination of this Lease or of Tenant's personal property possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and storage shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant's obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, . In no event shall Tenant shall indemnify Landlord against all loss be required to remove the Tenant Improvements or liability, including attorneys' fees and costs, resulting from delay by Tenant any Alterations except as provided in so surrendering the PremisesSection 6.1 above.

Appears in 1 contract

Sources: Lease Agreement (Harvard Bioscience Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease Sublease for any reason. Tenant , Subtenant shall surrender the Premises to Landlord 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 vacuumedshampooed 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 cleanedcleaned and waxed, all to the reasonable satisfaction of LandlordSublandlord. Tenant Subtenant shall remove from the Premises all Tenant's Subtenant’s personal property and all of Tenant's Subtenant’s alterations required to be removed pursuant to Section 5ESections 5D and 5E (but not the Initial Tenant Improvements), and restore the Premises to its condition prior to their installation. If Tenant Subtenant fails to remove any alterations and/or Tenant's Subtenant’s personal property, and such failure continues after the termination of this LeaseSublease, Landlord or Sublandlord may retain or dispose of such property and all rights of Tenant Subtenant with respect to it shall cease, or Landlord Sublandlord may place all or any portion of such property in public storage for Tenant's Subtenant’s account. Tenant Subtenant shall be liable to Landlord Sublandlord for costs of removal of any such alterations and Tenant's 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 LandlordSublandlord. If the Premises are not so surrendered at the termination of this LeaseSublease, Tenant Subtenant shall indemnify Landlord Sublandlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant Subtenant in so surrendering the Premises.

Appears in 1 contract

Sources: Sublease Agreement (ShoreTel Inc)

Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the expiration Lease Term or earlier termination of this --------- Lease for any reason. Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in its the same condition existing as of the Commencement Datereceived, normal broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by fire or other casualty Paragraphs 15 and 16 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 floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from give written notice to Landlord of its intention to vacate at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenant’s responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made 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 Tenant's personal property claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. 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 all obligations concerning the condition and repair of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installationPremises. If Tenant fails has not fulfilled its obligations with respect to remove repairs and cleanup of the Premises or any alterations and/or Tenant's personal property, and such failure continues after the termination of other Tenant obligations as set forth in this Lease, Landlord may retain or dispose of shall have the right to perform any such property obligations as it deems necessary at Tenant’s sole cost and all rights of Tenant with respect expense, and any time required by Landlord to it shall cease, or Landlord may place all or any portion of complete such property in public storage for Tenant's account. Tenant obligations shall be liable to Landlord for costs considered a period of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, holding over and the cost terms 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 Paragraph 22 shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesapply.

Appears in 1 contract

Sources: Lease Agreement (Intcomex Holdings, LLC)

Surrender. Upon On the expiration of the Term 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 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 floors cleaned, 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 indemnify at Tenant's own cost, (a) promptly and peaceably surrender the Leased Premises to Landlord against "broom clean," in good order and condition, (b) repair any damage to the Building caused by or in connection with the removal of any property from the Leased Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner satisfactorily to Landlord all loss holes and other marks in the floors, walls and ceilings of the Leased Premises, and, (d) deliver all keys to the Leased Premises to Landlord. Before surrendering the Leased Premises, Tenant shall at Tenant's sole cost, remove Tenant's moveable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the Leased Premises as the property of Landlord without compensation, however, Tenant shall not remove any personal property or liabilitytrade fixtures from the Leased Premises without Landlord's prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, including attorneys' fees Landlord shall take a lien on such personnel property, trade fixtures and costsother property as set forth in Section 38-3-1, resulting from delay et seq, of the Utah Code Ann. (or any replacement pr▇▇▇sion). Landlord may require Tenant to remove any personnel property, trade fixtures, or other property, alterations, additions and improvements made to the Leased Premises by Tenant or by Landlord for Tenant, and to restore he Leased Premises to their condition at the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from the Leased Premises on the abandonment of the Leased Premises or on the expiration of the Term or earlier termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in so surrendering connection with the Premisesdisposition of such property in excess of any amount received by Landlord from such disposition. No surrender of Leased Premises share be effected by Landlord's acceptance of the keys or of the rent or by any other reasons without Landlord's written acknowledgment of such acceptance as a surrender. Tenant shall not be released from Tenants obligations under this Lease in connection with surrender of the Leased Premises until Landlord has inspected the Leased Premises and delivered to Tenant a written release.

Appears in 1 contract

Sources: Lease Agreement (Wordcruncher Internet Technologies)

Surrender. Upon On the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as last day 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 floors cleaned, 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 Term of this Lease, Landlord may retain or dispose of such property upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all rights improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the lapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant with respect may remove all trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. effect said removals and 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 samepay Landlord, and on demand, the cost of repairing and restoring the Premisesthereof, together with interest at the Interest Rate rate of ten (10%) percent per annum from the date of expenditure such demand by Landlord, or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher. 9. If All references in the Premises Lease to the Communications Room are deleted effective as of the Effective Date. ▇▇. ▇▇▇▇▇ Plans for the Tenant's Improvements to the Expansion Area are described on Exhibit C attached hereto and have been approved by Landlord and Tenant. 11. Except as amended by this First Amendment, all other terms and conditions of the Lease shall remain in full force and effect and are not so surrendered at the termination of modified by 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 PremisesFirst Amendment.

Appears in 1 contract

Sources: Lease Agreement (Exact Sciences Corp)

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, except for (i) normal wear and tear and tear, (ii) damage by fire or other casualty exceptedcasualty, (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 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 cleanedcleaned 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 Work required to be removed pursuant to Section 5E, and restore the Premises to its the condition which existed prior to their installationinstallation (or as otherwise specified by Landlord in its approval of such Work). 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 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

Sources: Lease (Clarify Inc)

Surrender. 19.1 At the expiration or other termination of this Lease, Tenant shall surrender the Premises to Landlord in as good order and condition as they were at the commencement of the Term or may be put in thereafter in accordance with this Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term. At the expiration or termination of the Term, Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property 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 not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease. 19.2 Upon termination of this Lease for any reason, Tenant will return to Landlord the Premises licensed by the State of Oregon and by any and all governmental agencies having jurisdiction over the Premises as a memory care facility with at least the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises). 19.3 Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender enter into an operating transition agreement (the Premises to “OTA”) with Landlord in its condition existing as order to provide for the orderly transition 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, operation of 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, 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 facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, operating agreements and other agreements that Landlord may retain or dispose elects to have assigned from Tenant. In addition, the OTA shall address the transition of such property and licensing requirements for the Facility under all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesapplicable Legal Requirements.

Appears in 1 contract

Sources: Lease Agreement (Cornerstone Core Properties REIT, Inc.)

Surrender. Upon At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, ▇▇▇▇▇▇ shall surrender the Premises in good condition and repair, and shall remove all of its personal property, furniture, fixtures, and equipment, and all cabling and wiring installed by or for Tenant. In addition, upon the expiration or earlier termination of the tenancy created hereunder, Tenant shall completely sanitize the Premises per Washington State Department of Health guidelines for COVID-19. Sanitization of the Premises shall extend to any and all parts thereof, including ventilation systems, and clean-up and/or removal of any hazardous and/or biohazardous substance. Notwithstanding the provisions of Article 42 below, for purposes of this --------- Lease for Section, “hazardous and/or biohazardous substance” includes any reasonsubstance or material which because of their quantity, concentration, or physical, chemical, or infectious characteristics may cause or pose a present or potential hazard to human health when improperly handled, treated, stored, transported, disposed of, or otherwise managed. Landlord shall have the right to elect to require Tenant to remove any or all of Tenant’s Work and/or any of Tenant’s Changes or other alterations, by written notice given to Tenant not later than thirty (30) days before the scheduled Expiration Date hereof. Tenant shall surrender comply with the Premises requirements of Exhibit “C” attached hereto at its sole expense, including without limitation the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s personal property, furniture, fixtures, equipment, cabling and wiring, as well as any Tenant’s Work, Tenant’s alterations or Tenant’s Changes that Tenant is hereby required to Landlord in its condition existing as remove, and the removal of any generators or storage tanks installed by or for Tenant (whether or not the installation was consented to by Landlord), and the removal, replacement, or remediation of any aspect of the Commencement DateProperty, normal wear and tear and damage including but not limited to the Building, soil, material or ground water contaminated by fire or other casualty excepted, with all interior walls repaired if damagedTenant’s Permittees, all carpets vacuumedas may then be required by applicable Laws. At Landlord’s election, all broken, marred ▇▇▇▇▇▇▇▇ shall have the right to perform any 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, 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’s obligations under this paragraph, 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. which event Tenant shall be liable to Landlord for reimburse Landlord’s 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 incurred in connection therewith within ten (10) days after demand by Landlord. If the Premises are not so surrendered at the 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.Landlord.‌

Appears in 1 contract

Sources: Lease Agreement

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 vacuumedbroom 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 broom cleaned, 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 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

Sources: Lease (Zamba Corp)

Surrender. Upon the On 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 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 floors cleaned, 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, Tenant shall surrender to Landlord the Premises, and all Tenant's improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant, for destruction to the Premises covered by Article 18 of this Lease, and for alterations that Tenant has the right to remove or is obligated to remove, so long as Tenant repairs any damage to the Premises under the provisions of this Article or Article 15), and shall remove all of its personal property including any signs, notices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, prior to the expiration of the Lease term. If any such removal would damage the Building structure, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant's expense. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property and that Tenant does not remove from the Premises within five (5) days after expiration or termination of the term as allowed or required by this Lease. Title to any such improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all rights claims against Landlord for any damage or loss to Tenant arising out of Tenant with respect to it shall ceaseLandlord's retention or disposition of any such improvements, alterations or Landlord may place all or any portion of such property in public storage for Tenant's accountpersonal property. Tenant shall be liable to Landlord for Landlord's costs of removal storing, removing and disposing of any such improvements, alterations and Tenant's or 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 Landlordproperty. If Tenant fails to surrender the Premises are not so surrendered at the to Landlord on expiration or termination of the Lease as required by this LeaseArticle, Tenant shall indemnify indemnify, defend and hold Landlord against harmless from all loss damages, loss, cost and expense (including attorney's fees) arising out of or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering connection with Tenant's failure to surrender the Premises.

Appears in 1 contract

Sources: Sublease Agreement (Vision Solutions Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall quit and surrender the Premises to Landlord in its condition existing as premises at the end of the Commencement Dateterm, normal broom clean, in the same condition as when received, reasonable wear and tear and damage by fire fire, the elements or other casualty not due to Tenant's act or neglect and/or fully covered by Landlord's insurance excepted. Tenant shall make no alterations, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred additions or nonconforming acoustical ceiling tiles replaced, all windows washed, improvements to the plumbing premises without Landlord's prior written consent. Tenant shall have the right to remove such improvements made by Tenant to the premises provided the premises are returned to the Landlord in the same condition as when they were delivered to Tenant at the commencement of this Lease. All improvements made by Tenant to the premises which are so attached to the premises that they cannot be removed without injury thereto and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, which are not removed by the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to LandlordTenant, and all floors cleaned, all alterations and additions to the reasonable satisfaction premises shall become the property of Landlord upon installation, subject to Landlord's right, hereinafter provided, to have same removed by Tenant at the expiration of the term. Notwithstanding anything to the contrary hereinbefore stipulated, Landlord shall have the right, on notice to Tenant given at least thirty (30) days prior to the expiration of the term, to have all such alterations, additions and improvements, or such of them as Landlord shall designate removed by Tenant, at Tenant's cost and expense, provided that 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 have no responsibility upon termination of this LeaseLease to remove perimeter and location markings. Tenant, 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 upon removal of any alterations, additions and improvements made by it shall restore the premises to the condition in which they were at the commencement of the term, reasonable wear and tear excepted. If any mechanic's lien is filed against the demised premises for work claimed to have been done or for materials claimed to have been furnished to Tenant, such alterations and lien shall be bonded or discharged by Tenant within thirty (30) days thereafter, at Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesexpense.

Appears in 1 contract

Sources: Lease Agreement (Aerobic Creations, Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Tenant Improvements, Permitted Alterations and Alterations to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and damage by fire or other casualty exceptedany changes resulting from Permitted Alterations and approved Alterations; provided, with all interior walls repaired if damagedhowever, 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 floors cleaned, all that prior 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 expiration or termination of this Lease, Tenant shall remove all from the Premises all of Tenant’s personal property and any Trade Fixtures and all Alterations and Permitted Alterations that Landlord may has elected to require Tenant to remove (except that Landlord will not be permitted to require Tenant to remove any Alterations and Permitted Alterations that Landlord advised Tenant in writing that Tenant would not be required to remove in accordance with Section 7.1 above nor will Tenant be required to remove the initial Tenant Improvements installed by Landlord pursuant to the Tenant Improvement Rider) and repair any damage caused by such removal, and if such removal is not timely completed, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord as Additional Rent 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 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 Tenant does not pay all such costs and retrieve the property within twenty (20) days after notice from Landlord (in public storage for Tenant's accountwhich event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such alterations property. Upon expiration or termination of this 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 Tenant's personal property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Section 15.1 shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at 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

Sources: Lease Agreement (Yelp! Inc)

Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. To the extent permitted by law, if Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord’s statement. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its condition existing as all keys to the Leased Premises and shall inform Landlord 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 combination of any burned out vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expiration 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, 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 earlier 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 give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for costs the express purpose of removal arranging a meeting with Landlord for a joint inspection of any the Leased Premises. In the event of Tenant’s failure to give such alterations notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant’s liability for repairs and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesrestoration hereunder.

Appears in 1 contract

Sources: Office Lease (Textainer Group Holdings LTD)

Surrender. Upon Tenant will not commit or allow any waste to be committed on any portion of the Premises. On or before the expiration or earlier upon the sooner termination of this --------- Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Premises, the Building and Outside Areas, and shall vacate and surrender the Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, except for any reasonreasonable wear and tear, casualties, condemnation, Hazardous Materials (other than those released or emitted, or brought to the Property, by Tenant or another Tenant Party), repairs for which Tenant is not responsible pursuant to this Lease, and alterations or other interior improvements which Tenant is permitted to surrender at the termination of this Lease. Tenant shall surrender repair all damage to the Premises Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls (except for reasonable wear and tear excepted) and, where necessary, replace or resurface same. Additionally, if and to the extent required pursuant to Paragraph 10.4, Tenant shall, upon the expiration or sooner termination of Lease, remove any Tenant Alterations and repair all damage caused by such removal. If the Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in its the condition existing as required by this Paragraph at the expiration or sooner termination 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 Landlordthis Lease, and all floors cleaned, 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 if such failure continues for 5 business days after Landlord’s written notice to Tenant describing such failure in reasonable details, such failure will constitute a holding over pursuant to Paragraph 25, and in addition if the Premises, the Building, the Outside Areas and the property are not surrendered to Landlord in the condition required by this Paragraph at the expiration or sooner termination of this Lease, Landlord may retain or dispose of such may, at Tenant’s expense, so remove Tenant’s signs, property and all rights of Tenant with respect improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to it shall cease, or Landlord may place all or any portion of perform such property in public storage for Tenant's accountwork. Tenant shall be liable to Landlord for all costs of removal of any such alterations reasonably and Tenant's personal property and storage and transportation costs of sameactually incurred by Landlord in returning the Premises, the Building and the cost of repairing and restoring Outside Areas to the Premisesrequired condition, together with interest on all costs so incurred from the date paid by Landlord at a rate equal to the Interest Rate from (as defined in Paragraph 33.7) until paid. Tenant shall pay to Landlord the date amount of expenditure by all costs so incurred plus such interest thereon, within 10 days of Landlord’s billing Tenant for same. If Tenant will use commercially reasonable efforts to meet with Landlord for a joint inspection of the Premises are not so surrendered at on or about the termination time of the expiration date of this Lease. If Tenant fails to use commercially reasonable efforts to arrange such joint inspection, Tenant shall indemnify Landlord against all loss Landlord’s inspection at or liability, including attorneys' fees after Tenant’s vacation of the Premises will be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and costs, resulting from delay by Tenant in so surrendering the Premisesrestoration.

Appears in 1 contract

Sources: Lease Agreement (Fusion-Io, Inc.)

Surrender. 19.1 At the expiration or other termination of this Lease, Tenant shall surrender the Premises to Landlord in as good order and condition as they were at the commencement of the Term or may be put in thereafter in accordance with this Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term. At the expiration or termination of the Term, Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property 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 not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease for a period of twenty-four (24) months. 19.2 Upon termination of this Lease for any reason, Tenant will return to Landlord the Premises licensed by the State of Texas and by any and all governmental agencies having jurisdiction over the Premises as a skilled nursing facility with at least the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises). 19.3 Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender enter into a mutually agreeable operating transition agreement (the Premises to “OTA”) with Landlord in its condition existing as order to provide for the orderly transition 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, operation of 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, 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 facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, operating agreements and other agreements that Landlord may retain or dispose elects to have assigned from Tenant. In addition, the OTA shall address the transition of such property and licensing requirements for the Facility under all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesapplicable Legal Requirements.

Appears in 1 contract

Sources: Lease Agreement (Cornerstone Core Properties REIT, Inc.)

Surrender. Upon On the expiration or earlier termination last day of the term of this --------- Lease for Lease, including any reason. option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in its the same condition existing as at the commencement of the Commencement Datethis Lease, normal in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, improvements and damage fixtures which may be made or installed by fire either Landlord or other casualty exceptedTenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may, if not then in default, remove all personal property (not including trade fixtures) not attached to the Leased Premises, and signs installed at Tenant's expense. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect removal of such personal property and Tenant shall pay Landlord, on demand, the cost thereof, with all interior walls repaired if damagedinterest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, all carpets vacuumedor the prime interest rate established by the Firstar Bank Madison, all brokenN.A. or its successors or assigns, marred whichever is higher. If, prior to surrender of the Leased Premises or nonconforming acoustical ceiling tiles replacedwithin twenty (20) days thereafter, all windows washedLandlord so directs by written notice to Tenant, the plumbing Tenant shall repair any damage occasioned by such removals 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 Tenant will pay to Landlord, and all floors cleanedon demand, all the cost thereof with interest from the date of completion of such repairs by Landlord, a the rate specified in the immediately preceding paragraph of this Lease. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the reasonable satisfaction Leased Premises shall constitute surrender of Landlordthe premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Tenant Such acceptance by Landlord shall remove from not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5Econtrary notwithstanding, and restore the Premises to its condition prior to their installation. If Tenant fails to remove at any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord shall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain or dispose possession of such property and all rights until payment in full of Tenant with respect to it said amounts. Said lien shall cease, or Landlord may place all or any portion of not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public storage for or private sale without further notice to Tenant's account, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant to Landlord. The foregoing notwithstanding, Tenant shall be liable entitled to remove property from the Leased Premises subsequent to such termination, after written request therefor has been provided to Landlord for costs specifying the items to be removed. Landlord shall allow such removal to the extent the value of removal of any such alterations and Tenantproperty remaining subject to Landlord'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 lien reasonably secures all amounts due Landlord. If The rights of holders of liens superior to the Premises are not so surrendered at the termination of this Lease, Tenant lien provided for herein shall indemnify be recognized by Landlord against all loss or liability, including attorneys' fees consistent with applicable laws and costs, resulting from delay by Tenant in so surrendering the Premisesstatutes.

Appears in 1 contract

Sources: Lease Agreement (Hagler Bailly Inc)

Surrender. Section 25.01. Upon the expiration or earlier termination of the Term of this --------- Lease for any reason. Lease, Tenant shall surrender the Demised Premises to Landlord in its the same condition existing in which the Demised Premises were originally received from Landlord except as repaired, rebuilt, restored, altered or added to as permitted by any provision of the Commencement Date, normal this Lease and except for ordinary 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 floors cleaned, all to the reasonable satisfaction of Landlordcasualty. Tenant shall 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 and all of Tenant's alterations required Tenant not so removed shall become the property of Landlord, which may thereafter cause such property to be removed pursuant to Section 5E, from the Demised Premises and restore disposed of but 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 cost of any such alterations removal and Tenant's personal property and storage and transportation costs of same, and disposition as well as the cost of repairing any damage caused by such removal shall be borne by Tenant. Upon the expiration or earlier termination of the Term, Tenant shall remove all computers and restoring the Premises, together with interest computer related and peripheral equipment (other than cabling and other related equipment that would be deemed fixtures) installed by Tenant at the Interest Rate from Demised Premises (collectively, "Computer Equipment Removal"), and Tenant, at its cost and expense, shall repair any damage to any part of the date Demised Premises caused by such Computer Equipment Removal, which damage is of expenditure a nature that exceeds that damage which would be caused by Landlordthe removal of office furniture and equipment customarily maintained by Tenant at Demised Premises. If 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 reimburse Landlord for all costs 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 Demised Premises that are not so surrendered at being used to prepare the space for a new tenant. Section 25.02. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall indemnify deliver the Building to Landlord against broom clean, except in the event such surrender is due to a casualty or condemnation, as provided herein. Copies of all loss then current maintenance and service agreements and records, warranties in effect (all of which shall be assigned to Landlord, if such agreements or liability, including attorneys' fees warranties are assignable) and costs, resulting from delay by Tenant all plans and specifications relating to alterations of the Improvements in so surrendering the Premises.Tenant's possession shall

Appears in 1 contract

Sources: Sublease Agreement (Daleen Technologies Inc)

Surrender. Upon Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant to the expiration or earlier termination Premises shall be the property of Tenant, but shall be considered to be a part of the Premises. Unless Landlord gives Tenant written notice of its election not to become the owner of the Alterations at the end of the term of this --------- Lease, the Alterations shall become the property of Landlord at the end of the term of this Lease. Landlord may require, on notice to Tenant, that some or all Alterations be removed prior to the end of the term of this Lease for and that any reasondamages caused by such removal be repaired at Tenant's sole expense. On the last day of the term hereof, or on any sooner termination, Tenant shall surrender the Premises (including, but not limited to, all doors, windows, floors and floor coverings, skylights, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, electrical systems, lighting facilities, sprinkler systems, fire detection systems and nonstructural elements of the exterior walls, foundation and roof (collectively the "ELEMENTS OF THE PREMISES")) to Landlord in its the same condition existing as of the Commencement Datereceived, normal ordinary wear and tear and casualty 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 clean and electrical systems free of debris 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, 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, trade fixtures 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 accountequipment. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property shall include all computer wiring and storage and transportation costs of samecabling installed by Tenant. Provided, and however, if Landlord has not elected to have Tenant remove the cost of repairing and restoring Alterations, Tenant shall leave the Premises, together with interest Alterations at the Interest Rate from Premises in good condition and repair, ordinary wear and tear excepted. Tenant shall repair any damage to the date Premises occasioned by the installation or removal of expenditure Tenant's trade fixtures, furnishings and equipment. Damage to or deterioration of any Element of the Premises or any other item Tenant is required to repair or maintain at the Premises shall not be deemed ordinary wear and tear if the same could have been prevented by Landlordgood maintenance practices. If the Premises are not so surrendered at the expiration of the term or earlier termination of this LeaseLease in accordance with the provisions of this section, at Landlord's option, Tenant shall indemnify continue to be responsible for the payment of Base Rent and all other amounts due under this Lease until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liabilitydamages, including attorneys' fees and expenses, costs, resulting losses or liabilities arising from any delay by Tenant in so surrendering the PremisesPremises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Sources: Standard Industrial Lease (Jabil Circuit 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 Datedate 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 carpets vacuumed, all broken, marred or nonconforming 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 bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and the Project all of Tenant's alterations required ’s trade fixtures, furniture, moveable equipment and other personal property, and any Work which Landlord elects to be removed pursuant to Section 5E5.D, and shall restore the Premises to its 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 fails does not timely remove such property, then Tenant shall be conclusively presumed to remove any alterations and/or Tenant's personal have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and such failure continues after the termination of this Lease, Landlord may retain or 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 and all rights of Tenant with respect to it shall ceaseabandoned, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for the costs of of: (i) removal of any such alterations Work or personal property, (ii) storage, transportation, and Tenant's personal property and storage and transportation costs disposition of the same, and the cost (iii) repair and restoration of repairing and restoring the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. If In addition, if the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Sources: Lease (Pericom Semiconductor Corp)

Surrender. Upon LESSEE shall at the expiration or earlier other termination of this --------- Lease for remove all of LESSEE's personal property, goods and effects from the Leased Premises. LESSEE shall deliver to LESSOR the Leased Premises and all keys, locks, thereto, and other fixtures and equipment connected therewith (excluding LESSEE's trade fixtures and equipment) and all alterations, additions and improvements made to or upon the Leased Premises, including but not limited to any reason. Tenant plumbing and plumbing fixtures, air conditioning equipment and ductwork of any type, hoods, exhaust fans or heaters, water coolers, burglar alarms, telephone wiring, telephone equipment, wooden or metal shelving which has been bolted, welded or otherwise attached to any concrete or steel member of the Building, compressors, air or gas distribution piping, and all electrical work, including but not limited to lighting fixtures of any type, wiring, conduit, EMT, distribution panels, bus ducts, raceways, outlets and disconnects.. Notwithstanding any contrary provision of this Lease, at the end of the Lease Term, and absent any default, LESSEE shall surrender have the right to remove from the Leased Premises its trade fixtures and personal property and any fixtures, alterations, additions and improvements installed by LESSEE or at LESSEE's cost and expense subsequent to Landlord in its condition existing as of the Commencement Date, normal including without limitation the fixtures and equipment listed on Exhibit F hereto, provided that LESSEE shall repair any damage to the Leased Premises caused thereby. LESSEE shall deliver the Leased Premises in as good conditions as existed on the Commencement Date, reasonable wear and tear and damage by fire fire, eminent domain, or other casualty only excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, . In the plumbing and electrical systems and lighting in good order and repair, including replacement event 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, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all TenantLESSEE'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 failure to remove any alterations and/or Tenantof LESSEE's personal propertyproperty from the premises, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto and * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. at the sole risk of LESSEE to remove and store any such failure continues after property at LESSEE's expense, or to retain same under LESSOR'S control or to sell at public or private sale, any or all of the termination of this Lease, Landlord may retain or dispose property not so removed and to apply the net proceeds of such property and all rights sale to the payment of Tenant with respect to it shall ceaseany sum due hereunder, or Landlord may place all or any portion of to destroy such property in public storage for Tenant's account. Tenant which shall be liable conclusively deemed to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premiseshave been abandoned.

Appears in 1 contract

Sources: Lease Agreement (Neogenesis Pharmaceuticals 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 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 floors cleaned, 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 whether by forfeiture, lapse of time or dispose of such property and all rights of Tenant with respect to it shall ceaseotherwise, or Landlord may place all or any portion upon termination of such property in public storage for Tenant's account. right to possession of the Leased Premises, Tenant shall be liable to Landlord for costs of removal of any such alterations will at once surrender and Tenant's personal property and storage and transportation costs of same, and deliver up the cost of repairing and restoring the Leased Premises, together with interest all improvements thereon, to Landlord, broom swept, in good condition and repair, reasonable wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required herein, shall not be deemed "reasonable wear and tear". Tenant shall deliver to Agent all keys to all doors therein. As used herein, the term "Improvements" shall include, without limitation, all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment, and all Alterations (as said term is defined in Section 9.2 hereof) whether or not permitted under Section 9.4. All Alterations, temporary or permanent, made in or upon the Leased Premises by Tenant shall become Landlord's property and shall remain upon the Leased Premises on any such termination without compensation, allowance or credit to Tenant; provided, however, that Landlord shall have the right to require Tenant to remove any Alterations and restore the Leased Premises to their condition prior to the making of such Alterations, repairing any damage occasioned by such removal and restoration. Said right shall be exercised by Landlord giving written notice thereof to Tenant on or before ninety (90) days after such termination. If Landlord requires removal of any Alterations and Tenant does not make such removal in accordance with this Section at the Interest Rate from time of such termination, or within ten (10) days after such request, whichever is later, Landlord may remove the date same (and repair any damage occasioned thereby), and dispose thereof or, at its election, deliver the same to any other place of expenditure by Landlordbusiness of Tenant or warehouse the same. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify pay the costs of such removal, repair, delivery and warehousing to Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premiseson demand.

Appears in 1 contract

Sources: Industrial Building Lease (American Coin Merchandising Inc)

Surrender. Upon expiration of the expiration Term or earlier termination of this --------- Lease for any reason. Tenant's right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, subject to any Alterations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premises by any person other than Landlord, its condition existing as agents, employees, contractors or invitees (or Hazardous Materials brought upon, kept or used in or about the Project by Tenant or any of the Commencement Dateits agents, normal employees, contractors or invitees) and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by fire or other casualty Sections 18 and 19 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 floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from immediately return to Landlord all keys and/or access cards to parking, the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5EProject, 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 restrooms 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 the Premises furnished to or otherwise procured by Tenant. If any such property in public storage for Tenant's account. access card or key is lost, Tenant shall be liable pay to Landlord for costs of removal of any such alterations and TenantLandlord, at Landlord's personal property and storage and transportation costs of sameelection, and either the cost of repairing 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 restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are property not so surrendered removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of this Lease, Tenant shall indemnify Landlord against all loss or liabilitythe Term, including attorneys' fees the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to Rent and costs, resulting from delay by Tenant in so surrendering obligations concerning the condition and repair of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Avigen Inc \De)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. the Lease, Tenant shall will surrender the Premises and the Landlord Personalty to Landlord in the condition which Tenant is required to maintain the Premises and the Landlord Personalty under this Lease. Tenant will not be obligated to repair any damage which Landlord is required to repair under Article 11 (Casualty and Condemnation). Except as provided below, Landlord may require Tenant, at its expense, to remove any alterations, additions or improvements made by Tenant prior to the expiration or earlier termination of the Lease, and to restore the Premises to their condition existing as of the Commencement Date, normal wear and tear excepted. Specifically, Tenant will restore or replace any portion of the wall, floor, ceiling, door or wall surfaces and damage floor coverings within the Premises which have been scratched, gouged, broken, stained, burned, torn, or otherwise marred by fire Tenant’s operations within the Premises during the Lease Term or as a result of removal of Tenant’s property, and Tenant agrees to reasonably clean such surfaces of dirt, grease, paint, tar marks, 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 discoloration prior to Landlord, and all floors cleaned, 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 surrendering the Premises to its condition prior Landlord and shall deliver the Premises in a broom clean condition. With respect to their installation. If any alterations, additions or improvements which require Landlord’s approval, Landlord will specify in writing if Tenant fails will be required to remove the same at the time of such approval. Any work which Tenant is not required to remove will, at Landlord’s option, become Landlord’s property and will be surrendered to Landlord upon the expiration or earlier termination of the Lease, except that Tenant may remove any alterations and/or of Tenant's ’s machinery or equipment which can be removed without damage to the Premises so long as Tenant repairs any damage caused by such removal. Landlord shall have the right to remove and dispose of, at Tenant’s expense, personal property, and such failure continues after property of Tenant remaining in the Premises upon the expiration or earlier termination of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it . Tenant’s liability in connection herewith 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 survive the termination or expiration 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

Sources: Industrial Lease (Enovation Controls, Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall peaceably leave and surrender the Premises to Landlord broom clean and free of debris and otherwise in its the condition existing as in which the Premises are required to be maintained by the terms of the Commencement Datethis Lease, normal reasonable wear and tear and damage by fire or other casualty which Tenant is not obligated to restore under this Lease 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 floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of the combinations to all locks, safes and vaults in the Premises. Tenant shall, at its expense, remove from the Premises on or prior to expiration or earlier termination of this Lease (i) all Tenant's personal property furnishings, fixtures and all of Tenant's alterations equipment situated thereon, (ii) those Alterations that Tenant is required to be removed remove pursuant to Section 5E3.3 hereof, and restore (iii) those items of personalty that Tenant brings into the Premises Premises. Tenant shall not remove any equipment, conduits, fixtures, water, plumbing, electrical, heating, ventilation, air conditioning, lighting, life safety, sprinkler and sewer service to the Premises, (except to the extent such item is an Alteration and Tenant is required to remove the same pursuant to Section 3.3 hereof), all of which together with any other furnishings, fixtures and equipment not removed by Tenant as provided above, shall become the property of Landlord upon the expiration or earlier termination of this Lease and shall be conclusively presumed to have been conveyed to Landlord under this Lease via a ▇▇▇▇ of sale without further payment or credit by Landlord to Tenant. In addition, Tenant shall, at its condition expense, on or prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the expiration or earlier termination of this Lease, repair any damage caused by such removal. Any property not so removed that Landlord requires to be removed, may retain be removed by Landlord and stored and/or retained or dispose sold by Landlord and all the costs of such property and all rights of Tenant with respect to it shall ceaseremoval, 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 disposition as well as the cost of repairing and restoring the Premisesany damage caused by such removal, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.be

Appears in 1 contract

Sources: Lease Agreement (AntriaBio, Inc.)

Surrender. Upon At the termination of the Lease Term, Tenant shall peaceably to surrender the Premises clean and in good order, repair and condition, and in conformance with all Legal Requirements, reasonable wear and tear and damage by ire or casualty or taking excepted and to deliver to Landlord all keys to the Premises or any ▇▇▇ thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the realty and belong to Landlord without compensation to 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 ▇▇▇▇ 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 for any reasonLease. Upon demand by Landlord, Tenant shall surrender 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 to Landlord in its condition existing as of or the Commencement Date, normal wear and tear and damage Building Complex caused 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, such removal. In 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, 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 event Tenant fails so to remove any alterations and/or Tenant's personal propertyPersonal Property or any such alterations, additions and improvements or fails to repair any such failure continues after damage to the termination of this LeasePremises or the Building Complex caused thereby, Landlord may retain or dispose of such property do so and all rights of collect from 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 such removal and restoring the Premises, together repair in accordance with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the PremisesSection 7.8 hereof.

Appears in 1 contract

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

Surrender. Upon Tenant shall, upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall Lease, peaceably surrender the Premises Leased Premises, including the Tenant Improvement Work and Tenant's improvements and/or alterations installed pursuant to Landlord Article 7, in its a janitorial clean condition existing and otherwise in as of the Commencement Dategood condition as when Tenant took possession, normal except for (i) reasonable wear and tear and damage subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss 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 Landlordcasualty, and all floors cleaned, all to the reasonable satisfaction of Landlord(iii) loss by condemnation. If Tenant shall remove from abandon, vacate or surrender the Premises all Tenant's Leased Premises, or be dispossessed by process of law or otherwise, any personal property and all fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of Tenant's alterations required to be removed pursuant to Section 5Esale. Landlord may, and restore the Premises to its condition prior to their installation. If Tenant fails however, elect 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 part 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 from the Leased Premises, and the reasonable costs incurred by Landlord in connection with such removal, including storage and transportation costs of same, and the cost of repairing and restoring any damage to the Leased Premises, together with interest at the Interest Rate from Building and/or the date Property caused by such removal shall be paid by Tenant within 30 days after receipt of expenditure by Landlord's statement. If Upon the Premises are not so surrendered at the expiration or-earlier termination of this Lease, Tenant shall indemnify surrender to Landlord against all loss keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article shall survive the expiration or liabilityearlier termination of this Lease. Tenant shall give written notice to Landlord at least 30 days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, including attorneys' fees Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant's liability for repairs and costs, resulting from delay by Tenant in so surrendering the Premisesrestoration hereunder. 16.

Appears in 1 contract

Sources: Lease Agreement (Suntek Corp)

Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of this --------- Lease for any reason. Tenant shall Lease, surrender the Premises premises to Landlord in its the same condition existing as of existed on the Commencement Date, normal date Tenant originally took possession thereof (reasonable wear and tear and damage by fire or other losses due to casualty and condemnation excepted, ) with all interior walls repaired if damagedcleaned, all holes in walls repaired, all carpets vacuumedcleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing HVAC equipment in operating order 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 cleanedcleaned 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 at such time also surrender to Landlord such alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If (as defined in paragraph 8) as Landlord does not require Tenant fails to remove any alterations and/or in accordance with paragraph 8.6 above. Tenant's personal property, and such failure continues after on or before the expiration or sooner termination of this Lease, Landlord may retain or dispose shall remove all of such its personal property and trade fixtures from the premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations and Tenant's personal property and storage and transportation costs Tenant fails to remove if so required by Landlord, together with the cost of samereturning the premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premisespremises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the lease term.

Appears in 1 contract

Sources: Lease Agreement (Clontech Laboratories 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 Dateshall, 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 floors cleaned, 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 upon renewal and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord may retain or dispose of such property surrender the Premises thoroughly cleaned, 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 fixtures and equipment thereon shall be liable in good, clean and operating condition, ordinary wear and tear excepted. Prior 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: A. Thoroughly clean the premises including kitchen, baths, all appliances, windows, mini-blinds, walls, floors (except carpet), etc. In the event of failing to have such cleaning done, ▇▇▇▇▇▇ will pay the cost of reimbursing Landlord for having such cleaning done. B. At the Tenant’s expense, Landlord will have the flooring professionally cleaned and deodorized at the end of each lease term. Ceramic tiles will be scrubbed with chemicals and will cost $150.00 per area. Floor tiles will be stripped and waxed at a cost of $150.00 per area. Steam cleaning and deodorizing will cost a minimum of $150.00 and may be higher if there are excessive stains/dirt present. If after shampooing, Landlord deems that the carpet is damaged in any way (i.e. cigarette ▇▇▇▇▇, pet and/or un-removable odors, un-cleanable stains, tears/rips, etc.) then Tenant understands that Landlord will have the carpet replaced at the Tenant’s expense. If carpet is replaced after shampooing has been attempted, ▇▇▇▇▇▇ will be responsible for the cost of replacement, in addition to the cost of shampooing; C. At the Tenant’s expense, the Landlord will have the premises professionally treated for fleas and ticks if pets have been present; D. Remove all trash; E. Have all light bulbs and smoke detectors in working order; F. Return all keys within twenty-four (24) hours after vacating If Tenant fails to complete the items as detailed above, the Landlord shall indemnify do so at the Tenant’s sole cost and expense. Tenant’s failure to comply with the provision of returning the keys, as detailed above, shall be adequate cause for Landlord against all loss or liability, including attorneys' fees to change the locks and costs, resulting from delay by charge the Tenant in so surrendering the Premisestherefore.

Appears in 1 contract

Sources: Residential Lease

Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of this --------- Lease for any reason. Tenant shall Lease, surrender the Premises to Landlord in its the same condition existing as of existed on the Commencement Date, normal date Tenant originally took possession thereof (reasonable wear and tear tear, acts of God, casualties, condemnation, Hazardous Materials (other than those released or emitted by Tenant), and alterations and improvements which Tenant is not required to remove at the termination of this Lease, and damage by fire or other casualty due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired cleaned, all interior painted surfaces repainted in the original color, if damagednecessary, all holes in walls repaired, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, HVAC equipment servicing only the plumbing Premises in operating order 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 cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from at such time also surrender to Landlord such alterations (to 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 Premises) as Landlord does not require Tenant fails to remove any alterations and/or in accordance with Paragraph 7.6 above. Tenant's personal property, and such failure continues after on or before the expiration or sooner termination of this Lease, Landlord may retain or dispose shall remove all of such its personal property and trade fixtures from the Premises and all rights of Tenant with respect to it property so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations and Tenant's personal property and storage and transportation costs Tenant fails to remove if so required by Landlord, together with the cost of samereturning the Premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.

Appears in 1 contract

Sources: Industrial R&d Lease (Adept Technology Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and damage by fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired if damagedhowever, 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 floors cleaned, all that prior to the reasonable satisfaction expiration or termination of Landlord. this Lease Tenant shall remove from (i) all telephone and other cabling installed in the Premises Building by Tenant, (ii) 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 ’s personal property, (iii) any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6 (Tenant Improvements & Alterations) and (iv) any portions of the Tenant Improvements that Landlord has elected to require Tenant to remove during the plan approval process pursuant to Exhibit B, and Tenant shall repair any damage caused to the Premises or the Property by such failure continues after removal. If such removal is not completed before the expiration or termination of this Leasethe Term, Landlord may 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 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 Tenant does not pay all such costs and retrieve the property within ten (10) days after written notice from Landlord (in public storage for Tenant's accountwhich event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such alterations property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises (and Tenant's personal property any other part of the Property for which Tenant has keys) and storage shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at the Interest Rate from the date . The delivery of expenditure by Landlord. If keys to the Premises are to Landlord or any agent or employee of Landlord shall not so surrendered at constitute a surrender of the Premises or effect a termination of this Lease, Tenant whether or not the keys are retained by Landlord. Tenant’s obligations under this Section shall indemnify Landlord against all loss survive the expiration or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisestermination of this Lease.

Appears in 1 contract

Sources: Sublease (LendingClub Corp)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. or the termination of Tenant’s right to possession of the Premises, (i) Tenant shall quit and surrender possession of the Premises to Landlord Landlord, broom clean and in its a good condition existing as of the Commencement Dateand repair, normal ordinary wear and tear and damage by fire or other casualty excepted, and (ii) provide Landlord with the keys to all interior walls repaired locks and the combination of all safes, cabinets and vaults, if damagedany, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, at the plumbing and electrical systems and lighting in good order and repair, including replacement Premises. Before surrendering possession of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable Premises to Landlord, Tenant shall, at its expense, remove all of its furnishings, equipment, trade fixtures, merchandise, signs and other personal property, and Tenant shall promptly repair all floors cleaned, all damage to the reasonable satisfaction of Landlord. Tenant shall remove Premises resulting from the Premises all Tenant's personal property and all removal of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installationsuch items. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after of the foregoing items from the Premises by the expiration or termination of this Lease or the termination of this LeaseTenant’s right to possession of the Premises, then Landlord may may, at its sole option, (i) treat Tenant as a holdover tenant, in which event the provisions of Section 19.6 shall apply, or (ii) deem any or all of such items abandoned and dispose of same in any manner Landlord sees fit and retain or all amounts received therefrom, in which event Tenant shall reimburse Landlord, upon demand, for all costs incurred by Landlord to remove and dispose of such property and all rights of Tenant with respect to it shall ceaseitems, 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 sameincluding, and without limitation, the cost of repairing any damage to the Premises caused by the removal of such items and restoring storage charges (if Landlord elects to store the same). Upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises, together Tenant shall, with interest at reasonable diligence, remove the Interest Rate alterations, additions and improvements to the Premises installed by or on behalf of Tenant, including, but not limited to, all remove all low voltage wires, telephone and computer systems and related installations, cables and wiring, to the extent required by Landlord in writing, repair any damage resulting from the date removal of expenditure by Landlord. If such items, and restore the Premises are not so surrendered at areas where the 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 Premisessame were located to their original condition.

Appears in 1 contract

Sources: Lease Agreement (Franklin Financial Network Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation, any changes resulting from approved Alterations and damage by fire or other casualty exceptedLandlord’s express obligations hereunder; provided, with all interior walls repaired if damagedhowever, 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 floors cleaned, all that prior to the reasonable satisfaction expiration or termination of this Lease Tenant shall, at Landlord. ’s request, remove all telephone and other cabling installed in the Building by Tenant shall and remove from the Premises all Tenant's ’s personal property and all of Tenant's alterations required to be removed pursuant any Trade Fixtures and, subject to Section 5E6.1 — Tenant Improvements & Alterations, all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and restore 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 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 if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant's accountwhich event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such alterations property. Upon expiration or termination of this 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 Tenant's personal property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at 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

Sources: Lease Agreement (Inpixon)

Surrender. (a) Upon the expiration or earlier termination of this --------- Lease for any reason. the Term, Tenant shall quit and surrender the Premises to Landlord the Building and/or Demised Premises in its compliance with all governmental regulations as mentioned herein, broom clean and in good order, in the same condition existing as of the Commencement Date, normal Date excepting ordinary wear and tear to painted surfaces and floor coverings, and damage by fire insured casualty. For purposes of clarification, and not limitation, Tenant’s deferral of routine maintenance or other casualty exceptedfailure to make repairs and any condition to of the Demised Premises which was affected by Tenant’s ordinary business operations, with all interior walls repaired if damagedsuch as, all carpets vacuumedbut not limited to, all brokenaccumulations of grease or dust on walls, marred ceilings, floors or nonconforming acoustical ceiling tiles replacedHVAC equipment, all windows washeddiscoloration, 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, 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 lighting bulbs shall be operable, cleaned and 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 Landlordworking 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 floors cleanedrepairs and replacements as were necessary during the Term and was continuing the operation of its business at the Demised Premises. If requested by Tenant, all Landlord shall advise Tenant as to the reasonable satisfaction repairs and restoration to be undertaken by Tenant prior to the expiration of Landlordthe Term. Tenant shall remove all personal property of Tenant, and repair any damage 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 all Tenant's personal property and all shall restore such walls or doors to the condition they were in prior to the installation of Tenant's alterations required ’s signage (ii) all cable and/or wiring abandoned or to be removed pursuant abandoned by Tenant within the Demised Premises as necessary to Section 5Ecomply 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 restore the Premises to its condition prior to their installation(iv) all dumpsters or garbage containers. If Tenant fails to remove any alterations the Building and/or Tenant's personal propertyDemised Premises is not surrendered in the condition required under this Section, 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 deemed to Landlord for costs be a holdover, without regard to whether or not Tenant is in physical possession or occupancy of removal all or part of any such alterations and Tenant's personal property and storage and transportation costs of samethe Demised Premises, 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, in addition Tenant shall indemnify and defend Landlord against all loss or liability, including attorneys' fees and costs, 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 for payment of holdover rent as provided in this Lease. (d) All such remedies of Landlord, and the remedies provided for in Section 15.2, shall be cumulative, and in addition, Landlord may pursue any other remedies that may be permitted by law or in equity. Forbearance or an election by Landlord to enforce one or more of the remedies 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 the Lease.

Appears in 1 contract

Sources: Lease (R F Industries LTD)

Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of this --------- Lease for any reason. Tenant shall Lease, surrender the Premises to Landlord in its the same condition existing as of existed on the Commencement Date, normal date Tenant originally took possession thereof (reasonable wear and tear and damage by fire or other casualty due to causes beyond reasonable control of Tenant excepted, ) with all interior walls repaired if damagedcleaned, all holes in walls repaired, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing HVAC equipment in operating order 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 cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from at such time also surrender to Landlord such alterations as Landlord does not require Tenant to remove. Tenant, on or before the Premises all Tenant's personal property and all expiration 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 sooner termination of this Lease, Landlord may retain or dispose shall remove all of such its personal property and trade fixtures from the Premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations and Tenant's personal property and storage and transportation costs Tenant fails to remove if so required by landlord, together with the cost of samereturning the Premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against all loss or liabilityliability resulting from delay by ▇▇▇▇▇▇ in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs, resulting from delay by Tenant in so surrendering . All keys to the PremisesPremises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.

Appears in 1 contract

Sources: Lease Agreement (Wireless Inc)

Surrender. 36.1. No surrender of possession of any part of the Demised Premises shall release Tenant from any of its obligations hereunder unless accepted by Landlord. 36.2. The voluntary or other surrender of this Lease by Tenant shall not work a merger, unless Landlord consents and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies. 36.3. The voluntary or other surrender of any ground or underlying lease that now exists or may hereafter be executed affecting the Building, or a mutual cancellation, thereof, or of Landlord’s interest therein, shall not work a merger and shall, at the option of the successor of Landlord’s interest in the Building, operate as an assignment of this Lease. 36.4. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Demised Premises to Landlord in its condition existing as broom clean and free of debris; with all of the Commencement Date“Existing Tenant Fixtures” (defined below) in place, 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 working order and repair, including replacement but with all 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, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's ’s other personal property and effects removed therefrom; with all of Tenant's alterations alterations, improvements and fixtures required by Landlord pursuant to this Lease to be removed pursuant to Section 5E, and restore from the Demised 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 (including any portion of the Existing Tenant Fixtures Landlord may designate) actually removed and all damage as a result of or caused by such property removal repaired (all at the sole cost and expense of Tenant); and with all licenses, permits and similar items which restrict or affect the used of the Demised Premises released and fully terminated. 36.5. As used in public storage for Tenant's account. the Lease, “Existing Tenant shall be liable to Landlord for costs Fixtures” means all of removal of any such alterations and Tenant's the 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 fixtures listed on Exhibit “F” to 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

Sources: Lease (Emergent BioSolutions Inc.)

Surrender. Upon expiration of the expiration Term or earlier termination of this --------- Lease for any reason. Tenant's right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, subject to any Alterations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premises or the Project by any person other than Landlord, its condition existing as agents, employees, contractors or invitees and released of the Commencement Dateall Hazardous Materials Clearances, normal broom clean, ordinary wear and tear and damage by fire or other casualty loss and condemnation 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 floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from immediately return to Landlord all keys and/or access cards to parking, the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5EProject, 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 restrooms 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 the Premises furnished to, or otherwise procured by Tenant. If any such property in public storage for Tenant's account. access card or key is lost, Tenant shall be liable pay to Landlord for costs of removal of any such alterations and TenantLandlord, at Landlord's personal property and storage and transportation costs of sameelection, and either the cost of repairing 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 restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are property not so surrendered removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of this Lease, Tenant shall indemnify Landlord against all loss or liabilitythe Term, including attorneys' fees the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including without limitation, indemnity obligations, payment obligations with respect to Rent and costs, resulting from delay by Tenant in so surrendering obligations concerning the Premisescondition and repair of the Premises for a period of three (3) years after expiration or earlier termination of the Term.

Appears in 1 contract

Sources: Lease Agreement (Viacell Inc)

Surrender. Upon On the expiration Expiration Date or earlier termination of the Term, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth in Paragraph 22.4 above) in the condition received, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this --------- Lease for any reasonLease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant's Personal Property and all electric, data and voice cabling installed in the Premises, or behind or above any ceiling or wall in, on, or about the Premises and perform all repairs and restoration required by the removal of any such cabling, Alterations or Tenant's Personal Property, as applicable, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or ▇▇▇▇▇▇'s Personal Property that Tenant does not remove from the Premises on or before the Expiration Date or earlier termination date of the Term of this Lease by giving written notice to ▇▇▇▇▇▇. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from ▇▇▇▇▇▇▇▇'s retention or disposition of any such Alterations or Tenant's Personal Property. Tenant will be liable to Landlord for Landlord's costs for storing, removing (including related restoration work), or disposing of any such Alterations (that were required to be removed by Landlord under this Lease) or Tenant's Personal Property. If ▇▇▇▇▇▇ fails to surrender the Premises to Landlord in its condition existing as on the Expiration Date (or earlier termination of the Commencement Date, normal wear and tear and damage Term) in the condition required 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 floors cleaned, 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 LeaseParagraph 23.1, Tenant shall indemnify indemnify, defend, and hold harmless the Landlord from and against all loss or liabilitythird party liabilities, including damages, losses, costs, expenses, attorneys' fees and costs, and claims resulting from delay such failure, including without limitation any claim for damages made by Tenant in so surrendering the Premisesa succeeding tenant.

Appears in 1 contract

Sources: Office Lease Agreement (IDEAYA Biosciences, Inc.)

Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements and Tenant's improvements and/or alterations installed pursuant to Article 7.2, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its condition existing as all keys to the Leased Premises and shall inform Landlord 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 combination of any burned out vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this article 15.2 shall survive the expiration 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, 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 earlier 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 indemnify Landlord against all any loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration hereunder.

Appears in 1 contract

Sources: Industrial Lease (Studio One Media, 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 Datedate 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 vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and the Project all of Tenant's alterations required trade fixtures, furniture, moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5E5.3, and shall restore the Premises to its 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 fails does not timely remove such property, then Tenant shall be conclusively presumed to remove any alterations and/or Tenanthave, at Landlord's personal election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and such failure continues after the termination of this Lease, Landlord may retain or 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 and all rights of Tenant with respect to it shall ceaseabandoned, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for the costs of of: (i) removal of any such alterations Alterations or personal property, (ii) storage, transportation, and Tenant's personal property and storage and transportation costs disposition of the same, and the cost (iii) repair and restoration of repairing and restoring the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Sources: Lease (Ydi Wireless Inc)

Surrender. Upon Tenant shall deliver up and surrender to Landlord possession of the Demised Premises upon the expiration or earlier termination of this --------- Lease for the Term, broom clean, free of debris, in good order, condition and state of repair and shall deliver the keys at the office of Landlord or to any reasonother address as Landlord may designate. Tenant shall surrender properly disconnect and tag all low voltage data cabling in the Demised Premises. Tenant, at its expense, shall repair any damage occasioned to the Demised Premises to Landlord in its condition existing as or any portion of the Commencement Date, normal wear and tear and damage Project by fire reason of installation 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 removal of any burned out or broken light bulb or ballasts, the HVAC equipment serviced trade fixtures and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's other 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 installationproperty. If Tenant fails to remove such items from the Demised Premises within three (3) Business Days after such expiration or termination, then in any such event all such trade fixtures and other personal property shall thereupon become the property of Landlord without further act by either party hereto, unless Landlord elects to require their removal, in which case Tenant agrees to promptly remove same and restore the Demised Premises to its prior condition at Tenant’s expense. All leasehold improvements to the Demised Premises by Tenant, including, but not limited to, the items furnished pursuant to Landlord’s Work and Tenant’s Work, but excluding trade fixtures, shall become the property of Landlord upon expiration or earlier termination of this Lease; provided, however, that at the time Landlord approves any alterations and/or Tenant's personal propertyto the Demised Premises, Landlord may designate by written notice to Tenant those alterations, changes and such failure continues after additions which shall be removed by Tenant at the expiration or termination of this Lease, Landlord may retain in which event Tenant shall, at its expense, promptly remove the same and repair any damage to the Demised Premises caused by such removal, which obligation shall survive the expiration 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 other termination of this Lease, . The obligations of Tenant under this Section shall indemnify Landlord against all loss survive the expiration or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesother termination of this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Cardlytics, Inc.)

Surrender. 19.1 At the expiration or other termination of this Lease, Tenant shall surrender the Premises to Landlord in as good order and condition as they were at the commencement of the Term or may be put in thereafter in accordance with this Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term. At the expiration or termination of the Term, Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property 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 not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease. 19.2 Upon termination of this Lease for any reason, Tenant will return to Landlord the Premises licensed by the State of Oregon and by any and all governmental agencies having jurisdiction over the Premises as a skilled nursing facility and/or intermediate nursing care facility for the Fernhill Facility and the Pacific Facility and an intermediate nursing care facility for the Sheridan Facility with at least the Minimum Licensed Beds for each Facility (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises). 19.3 Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant and Subtenant, as applicable, shall surrender enter into an operating transition agreement (the Premises to “OTA”) with Landlord in its condition existing as order to provide for the orderly transition 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 operation 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, 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 each Facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, operating agreements and other agreements that Landlord may retain or dispose elects to have assigned from Tenant. In addition, the OTA shall address the transition of such property and licensing requirements for each Facility under all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesapplicable Legal Requirements.

Appears in 1 contract

Sources: Master Lease (Summit Healthcare REIT, Inc)

Surrender. Upon On the expiration last day of the Term, including any option term, or earlier upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord Lease, in its good order, condition existing as of the Commencement Dateand repair, normal fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, and damage improvements other than business and trade fixtures which may be made or installed by fire either Landlord or other casualty exceptedTenant upon the Leased Premises or in common areas including business and trade fixtures installed by Tenant pursuant to Section 3.5, with all interior walls repaired if damagedshall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term, whether by the elapse of time or otherwise, all carpets vacuumed, all broken, marred without compensation 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 credit to Landlord, and all floors cleaned, all to the reasonable satisfaction of LandlordTenant. Tenant shall remove from the Premises all Tenant's equipment and personal property and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of Tenant's alterations required surrender. Anything in this section to be removed pursuant to Section 5Ethe contrary notwithstanding, and restore the Premises to its condition prior to their installation. If Tenant fails to remove at any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease, Landlord shall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain or dispose possession of such property and all rights until payment in full of Tenant with respect to it said amounts. Said lien shall cease, or Landlord may place all or any portion of not be defeated by placing 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 Landlordstorage. If the Premises are Tenant has not so surrendered at redeemed said property within ninety (90) days after the termination of this said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesto Landlord.

Appears in 1 contract

Sources: Lease Agreement (Exact Sciences Corp)

Surrender. Upon of At the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as end 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 floors cleaned, 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 term of this Lease, Tenant shall indemnify Leased Space surrender the Leased space to Landlord, together with all alterations, additions and improvements thereto, in broom clean condition and in good order and repair except for ordinary wear and tear 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 to the Leased Space caused by such removal. Tenant shall repair all damage to the Leased Space caused by such removal and restore the Leased Space to the condition in which it was prior to the installation of the items so removed. Tenant shall surrender the Leased Space to Landlord against at the end of the term hereof, without notice of any kind, and Tenant waives all loss right to any such notice as may be provided under any laws now or liabilityhereafter in effect in Pennsylvania. If Tenant shall fail to remove any of its equipment, furniture, trade fixtures or other personal property, Landlord 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 proceeds thereof to be first applied to the costs and expenses, including attorneys' fees attorney's fees, of the storage and costs, resulting from delay sale and the payment of any amounts owed hereunder by Tenant in so surrendering the PremisesTenant.

Appears in 1 contract

Sources: Lease (Antares Pharma Inc /Mn/)

Surrender. Upon the expiration or earlier termination of the Term of this --------- Lease or termination for any other reason. , Tenant shall surrender the Premises and all Improvements and Alterations (which shall then become the property of Landlord at such time) to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or Condemnation and damage by fire any changes resulting from approved Alterations. Notwithstanding the above 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 floors cleaned, all anything to the reasonable satisfaction contrary contained in this Lease, prior to the expiration or termination of Landlord. this Lease, 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(a) telephone, computer, and restore other cabling installed in the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Building by Tenant's , (b) Trade Fixtures, and (c) Tenant’s goods, inventory and personal property, and if requested by Landlord, all Alterations and Improvements, and repair any damage caused by such failure continues after removal. If such removal is not completed before the expiration or termination of this Leasethe Term, Landlord may 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 Rent 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 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 Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant's accountwhich event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such alterations property. Upon expiration or termination of this 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 Tenant's personal property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Subsection 21.1 shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at 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

Sources: Office Lease Agreement (Cempra Holdings, LLC)

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 DateSublease, 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 floors cleaned, 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 upon the termination of this Leasethe Sublease or of the Subtenant’s right to possession of the Premises, Landlord may retain or dispose of such property Subtenant will at once surrender 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 deliver up the Premises, together with interest all improvements thereon, to Sublandlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear.” Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment in the Premises. Any of Subtenant’s removable trade fixtures, business equipment, inventory, furniture, and other articles of personal property installed in or on the Premises by Subtenant at its expense, shall remain the property to Subtenant. Subtenant shall surrender to Sublandlord all keys to the Premises and make known to Sublandlord the combination of all combination locks that Subtenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Subtenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant; provided, however, that, to the extent Prime Landlord notifies Subtenant in writing, at the Interest Rate from time Subtenant requests Prime Landlord’s consent to an Alteration, that Prime Landlord will require the removal of such Alteration, Sublandlord shall have the right to require Subtenant to remove such Alterations made by Subtenant, or any portion thereof as designated by Prime Landlord in such written notice. In such event, Subtenant shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Prime Landlord requires removal of any Alteration made by Subtenant, or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Subtenant, or warehouse the same. Subtenant shall pay the costs of such removal, repair, delivery and warehousing on demand. As between Sublandlord and Subtenant, Subtenant shall not be required to remove any Alterations performed by Sublandlord prior to the Commencement Date or to restore the Premises to their condition prior to the making of such Alterations. If, however, the term of the Sublease expires at or about the date of expenditure by Landlord. If the expiration of the Prime Lease, and if Sublandlord is required under or pursuant to the terms of the Prime Lease to remove any Alterations performed prior to the Commencement Date, Subtenant shall permit Sublandlord to enter the Premises are not so surrendered at for a period of sixty (60) days prior to the termination expiration of this Leasethe Sublease, Tenant shall indemnify Landlord against all loss or liabilitysubject to such conditions as Subtenant may reasonably impose, including attorneys' fees for the purpose of removing its Alterations and costs, resulting from delay by Tenant in so surrendering restoring the PremisesPremises as required.

Appears in 1 contract

Sources: Sublease (Amylin Pharmaceuticals Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. the Term, 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 damaged, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replacedreplaced 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 bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordfirm, and all floors cleaned, 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 ’s Personal Property and any Alterations that Landlord designates for removal pursuant to Section 5EParagraph 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 restore the Premises to its condition prior to their installationrepair any damage and perform any restoration work caused by such removal. If Tenant fails to remove Tenant’s Personal Property and/or any alterations and/or Tenant's personal propertyAlterations that Tenant is required to remove, 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 ’s account. Tenant shall be liable to Landlord for costs of removal of any such alterations Alterations and Tenant's personal property ’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and Landlord’s Agents against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair and janitorial practices 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 deferred maintenance which would have or should have been attended to during the Term of the 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

Sources: Lease Agreement (Silicon Image Inc)

Surrender. 6.3.1 Upon the expiration or earlier termination of this --------- the Lease for any reason. as to the Temporary Premises, Tenant shall will surrender the Temporary Premises to Landlord broom clean, together with all keys, in its good condition existing as of the Commencement Dateand repair, normal reasonable 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 . 6.3.2 All articles 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, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant in the Temporary Premises shall be and remain the property of Tenant's alterations required to Tenant and may be removed pursuant by Tenant at any time during the Temporary Premises Term. If Tenant shall fail to Section 5Eremove all of its effects from the Temporary Premises upon termination the this Lease as to the Temporary Premises for any cause whatsoever, Landlord may, at its option, remove the same in any reasonable manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any and all reasonable expenses incurred in such removal, including court costs and attorneys’ fees and storage charges on such effects for any length of time that the same shall be in Landlord’s possession. Landlord may, at its option, but with prior written notice to Tenant, sell said effects, or any of the same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this Lease from Tenant to Landlord and upon the expense incident to the removal and sale of said effects. 6.3.3 Tenant, at its sole cost and expense, shall be responsible for removing any and all alterations or improvements installed in the Temporary Premises by Tenant under the Sublease and shall restore the Temporary Premises to its condition immediately prior to their installationthe alteration or improvement. If Tenant fails to remove any alterations and/or Tenant's personal propertySpecifically, 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 responsible for the restoration and other surrender items as noted on the attached Exhibit A. Landlord acknowledges that the shed/overhang that connects the two buildings was present when Tenant took occupancy of the Temporary Premises pursuant to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of samethe Sublease, 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, that Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesnot be responsible for removing same.

Appears in 1 contract

Sources: Office Lease (Hansen Medical Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its the same condition existing as of existed on the Commencement Datedate Tenant originally took possession thereof, normal wear and tear and damage by fire or other casualty exceptedincluding, with but not limited to, all interior walls repaired if damagedcleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing HVAC equipment in operating order 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, waxed, and free of any Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord. Tenant shall remove from not commit or allow any waste or damage to be committed on any portion of the Premises all Tenant's personal or Building. All property and all of Tenant's alterations that Tenant is 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 Tenantsurrender shall become Landlord's personal property, and such failure continues after property upon the termination of this Lease, . Landlord may retain cause any of said personal property that is not removed from the Premises within thirty (30) days after the date of any termination of this Lease to be removed from the Premises and store at Tenant's expense, or dispose at Landlord's election said personal property thereafter shall belong to Landlord without the payment of such property and all any consideration, subject to the rights of Tenant with respect any person holding a perfected security interest therein. All keys to it shall cease, or Landlord may place all the Premises or any portion part thereof shall be surrendered to Landlord upon expiration or sooner termination of such property in public storage for Tenant's accountthe Term. Tenant shall be liable give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for costs a joint inspection of removal the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any such alterations and holding over by Tenant. In the event of Tenant's personal property and storage and transportation costs of samefailure to give such notice or participate in such joint inspection, and the cost of repairing and restoring the Premises, together with interest Landlord's inspection at the Interest Rate from the date of expenditure by Landlord. If or after Tenant's vacating the Premises are not so surrendered at the termination shall conclusively be deemed correct for purposes of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees determining Tenant's responsibility for repairs and costs, resulting from delay by Tenant in so surrendering the Premisesrestoration.

Appears in 1 contract

Sources: Lease (Circuit Research Labs Inc)

Surrender. Upon At the expiration or earlier termination of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as Sublease or of the Commencement DateSubtenant’s right to possession of the Premises, normal Subtenant will at once surrender and deliver the Premises, together with their improvements, to Sublandlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and damage by fire or other casualty exceptedtear”. The improvements to be surrendered and delivered include all plumbing, with all interior walls repaired if damagedlighting, all carpets vacuumedelectrical, all brokenheating, marred or nonconforming acoustical ceiling tiles replacedcooling and ventilating fixtures and equipment, all windows washedas well as fixed partitioning, the plumbing drapery, wall covering and electrical systems paneling, built-in cabinet work and lighting in good order carpeting installations. Subtenant must deliver to Sublandlord ail keys, lock combination 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, all key card access information as to the reasonable satisfaction of LandlordPremises. Tenant shall remove from All Alterations to the Premises all Tenant's personal property made by Subtenant will become a part of and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore will remain upon the Premises without compensation to its condition prior to their installation. If Tenant fails to Subtenant.. Subtenant must 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 the Alterations made by Subtenant which Prime Landlord will require Sublandlord to remove under the Prime Lease. If Subtenant is required to remove Alterations, Subtenant must restore the Premises to a condition reasonably similar as prior to the making of the Alteration and as required under the Prime Lease, repairing any damage resulting from the removal or restoration. If Subtenant does not remove the Alterations in public storage for Tenant's account. Tenant shall be liable to Landlord for accordance with this Section, Sublandlord may remove the Alterations (and repair any damage occasioned thereby) and dispose of them, and Subtenant must pay the costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of samethe removal, repair, and disposal on demand. As between Sublandlord and Subtenant, Subtenant will not be required to remove any Alterations performed by Sublandlord prior to the cost Commencement Date or to restore the Premises to their condition prior to the making of repairing those Alterations. If, however, the Sublease Term expires at or about the date of the expiration of the Prime Lease, and if Sublandlord is required under the Prime Lease to remove any Alterations performed prior to the Commencement Date, Subtenant will permit Sublandlord, upon notice, to enter the Premises for a reasonable period of time prior to the expiration of the Sublease Term, subject to such conditions as Subtenant may reasonably impose, for the purpose of removing its Alterations and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesas required.

Appears in 1 contract

Sources: Office Sublease (Walter Investment Management Corp)

Surrender. Upon On or before the expiration or earlier termination of this --------- Lease for any reasonthe Term, Tenant shall deliver and surrender exclusive possession of the Premises to Landlord, clear of all subleases, concessions, licenses and other occupancies. Tenant shall surrender the Premises (including, but not limited to, all doors, windows, floors and floor coverings, skylights, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, electrical systems, lighting facilities, sprinkler systems, fire detection systems and other portions of the Premises to be maintained by Tenant under the terms of this Lease (collectively the “Elements of the Premises”) to Landlord in its the same condition existing as received or as the same may be altered, repaired or replaced by Tenant in accordance with the terms of the Commencement Datethis Lease, normal as applicable, ordinary wear and tear and casualty 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 Alterations made by Tenant 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, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations not required to be removed pursuant to Section 5Ein accordance with the terms hereof excepted, and restore the Premises to its condition prior to their installationclean and free of debris and Tenant’s personal property, trade fixtures and equipment. If Tenant fails to remove any alterations and/or Tenant's personal propertyAlterations, and such failure continues after trade fixtures, equipment or other property required to be removed by the termination terms of this Lease, in addition to any other remedies available to Landlord under this Lease or applicable law, Landlord may retain or dispose of remove any such property from the Premises and all rights store the same elsewhere at the expense and risk 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 shall, at Tenant’s sole cost and expense, repair any damage to Landlord for costs of the Premises occasioned by the removal of any such alterations Tenant’s Alterations, trade fixtures, furnishings and Tenant's personal property and storage and transportation costs of same, and equipment required to be removed by 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 terms of this Lease, . Damage to or deterioration of any Element of the Premises or any other item Tenant is required to repair or maintain upon Premises shall indemnify Landlord against all loss or liability, including attorneys' fees not be deemed ordinary wear and costs, resulting from delay tear if the same could have been prevented by Tenant in so surrendering the Premisesgood maintenance practices.

Appears in 1 contract

Sources: Lease Agreement (Griffin Capital Net Lease REIT, Inc.)

Surrender. Upon (a) On the date on which this Master Lease expires or terminates and if the Purchase Option has not been exercised, Tenant shall return possession of the Premises to Landlord in vacant, broom clean condition as altered by the Required Improvements and any other permitted alterations, except for ordinary wear and tear, and except for casualty damage or other conditions that neither Tenant nor Subtenant is required to remedy under this Master Lease or the Sublease. Prior to such expiration or termination of this Master Lease, Tenant shall cause to be removed from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Premises to good order and condition. Any of Tenant’s (or Subtenant’s or other occupant’s) personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Master Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. Notwithstanding the foregoing, upon the expiration or earlier termination of this --------- Lease for Master Lease, (i) Tenant shall leave all Building Systems servicing the Premises, in good working order and condition, ordinary wear and tear excepted, and (ii) Tenant shall remove all Specialty Alterations & Equipment unless Landlord agrees in writing (in its sole discretion) that Tenant may leave such Specialty Alterations & Equipment at the Premises, and Tenant shall repair or replace any reasonmaterial damage resulting from removal. Tenant shall surrender will make the decision to replace or repair using good faith and commercially reasonable judgment. (b) If Tenant (or any subtenant or occupant claiming by or through Tenant) remains in possession of the Premises after the expiration of this Master Lease (unless the Purchase Option has been exercised), Tenant’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Master Lease (unless clearly inapplicable), except that the Minimum Annual Base Rent shall be one hundred twenty-five percent (125%) of the Minimum Annual Base Rent and no holdover or payment by Tenant after the expiration or termination of this Master Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Master Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Master Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in its condition existing as the event of the Commencement Datea Tenant Event of Default, 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 floors cleaned, 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 extent permitted by Landlord. If the Premises are not so surrendered at the 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 Premisesapplicable Laws.

Appears in 1 contract

Sources: Master Tenant Lease Agreement

Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the expiration Lease Term or earlier termination of this --------- Lease for any reason. Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in its the same condition existing as of received, broom clean, and in compliance with the Commencement DateMove Out Conditions Addendum attached hereto, normal ordinary wear and tear and damage casualty loss and condemnation covered by fire or other casualty Sections 15 and 16 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 floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenant’s responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made 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 Tenant's personal property claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. 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 indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installationPremises. If Tenant fails to remove perform any alterations and/or Tenant's personal property, and such failure continues after obligation prior to the expiration or earlier termination of this Lease, Landlord may retain or dispose may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all costs associated therewith, plus an administrative fee of 15% of such property costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of Section 22 shall apply. Notwithstanding any provision or inference to the contrary herein contained, in the event that Tenant fails to deliver to Landlord (and surrender possession of) all rights of Tenant with respect to it shall cease, the Premises upon the expiration or Landlord may place all earlier termination of this Lease (or any the applicable portion of such property in public storage for Tenant's account. Tenant shall be liable the Premises if this Lease expires or terminates as to Landlord for costs only a portion 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 ) on the date of expenditure by Landlord. If expiration or earlier termination, then Landlord may, without judicial process and without notice of any kind, immediately enter upon and take absolute possession of the Premises are not so surrendered at or applicable portion thereof, expel or remove Tenant and any other person or entity who may be occupying the termination of this LeasePremises or applicable portion thereof, change the locks to the Premises or applicable portion thereof (in which event, Tenant shall indemnify have no right to any key for the new locks), and take any other actions as are necessary for Landlord against all loss to take absolute possession of the Premises or liabilityapplicable portion thereof. The foregoing rights are without prejudice and in addition to, including attorneys' fees and costsshall not in any way limit Landlord’s rights under, resulting from delay by Tenant in so surrendering the PremisesSection 22 below.

Appears in 1 contract

Sources: Lease Agreement (Phunware, Inc.)

Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of ---------- this --------- Lease for any reason. Tenant shall Lease, surrender the Premises premises to Landlord in its the same condition existing as of existed on the Commencement Date, normal date Tenant originally took possession thereof (reasonable wear and tear and damage by fire or other casualty due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired if damagedcleaned, all holes in walls repaired, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing HVAC equipment in operating order 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 cleanedcleaned 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 at such time also surrender to Landlord such alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If (as defined in Paragraph 9) as Landlord does not require Tenant fails to remove any alterations and/or in accordance with Paragraph 9.6 above. Tenant's personal property, and such failure continues after on or before the expiration or sooner termination of this Lease, Landlord may retain or dispose shall remove all of such its personal property and trade fixtures from the premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations and Tenant's personal property and storage and transportation costs Tenant fails to remove if so required by Landlord, together with the cost of samereturning the premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering ▇▇▇ ▇▇emises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premisespremises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.

Appears in 1 contract

Sources: Lease Agreement (Measurement Specialties 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 Datedate this Lease is fully executed, 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 vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washedbuilding systems, including the plumbing 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, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleanedcleaned 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 which Landlord requires Tenant to be removed pursuant to Section 5Eremove, 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 ter▇▇▇▇▇▇on 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 sames▇▇▇, and ▇nd the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Sources: Lease (Marvell Technology Group LTD)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Alterations to Landlord broom clean and in its their condition existing as of the Commencement Date, except for normal wear and tear tear, damage from casualty or condemnation and damage any changes resulting from approved Alterations that Tenant is not required to remove; provided, however, that prior to the expiration or earlier termination of this Lease Tenant: (i) shall remove all telephone and other cabling installed in the Building by fire or other casualty excepted, with all interior walls repaired if damagedTenant, all carpets vacuumedof Tenant’s personal property, all brokenfurniture, marred decorations, interior or nonconforming acoustical ceiling tiles replacedexterior signs, 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 LandlordTrade Fixtures, and all floors cleaned, all Alterations that Landlord timely elects in accordance with this Lease to require Tenant to remove; and (ii) shall repair any damage to the reasonable satisfaction of LandlordPremises, the Building, Common Areas and perform any restoration work caused or occasioned by Tenant’s compliance with this Section. Tenant shall remove patch and refinish all penetrations made by Tenant or its agents or employees to the floor, walls, or ceiling of the Premises necessitated by Tenant’s removal of Alterations and/or Trade Fixtures, whether or not made or installed with Landlord’s approval. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings, and floor coverings to the extent the same require repair or replacement beyond normal wear and tear. All repairs shall be made to Landlord’s reasonable satisfaction. If any such removal or repair is not completed before the expiration or earlier termination of the Term, Landlord shall have the right (but no obligation) to cause such removal or repair to be performed and to repair any damage and perform any restoration work caused or occasioned by such removal. Tenant shall pay Landlord on demand for all costs of removal, repair and restoration, for storage of Tenant’s property and for the rental value of the Premises for the period from the Premises all Tenant's personal property end of the Term through the end of the time reasonably required for such removal, repair and all of Tenant's alterations required restoration. Landlord shall also have the right 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 Tenant’s 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 public storage for Tenant's accountLandlord’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 Tenant’s property. Upon 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. The term “normal wear and tear,” for purposes of this provision, shall be liable construed to Landlord for costs of removal of any such alterations mean wear 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 tear caused to the Premises are by the natural aging process that occurs in spite of prudent application of good standards for maintenance and repair; and it is not so surrendered intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if good standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. Tenant’s obligations under this Section shall survive the expiration or earlier 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

Sources: Lease Agreement (Verigy Ltd.)

Surrender. Tenant shall, upon the expiration or earlier termination --------- of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements or Tenant's improvements and/or alterations installed pursuant to Article 7.2, in a janitorial clean condition and otherwise in as good condition ----------- as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last required repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, (iii) loss by condemnation; (iv) Landlord's obligations hereunder; and (v) Hazardous Materials not released, discharged, brought onto or otherwise disposed of by Tenant or its agents, invitees, employees or contractors. If Tenant shall surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises to Landlord in its condition existing as all keys to the Leased Premises and shall inform Landlord 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 combination of any burned out vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expiration 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, 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 earlier 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 indemnify Landlord against all any loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Landlord and Tenant shall jointly inspect the Leased Premises upon the termination of this Lease.

Appears in 1 contract

Sources: Office Lease (CBT Group PLC)

Surrender. Upon On the expiration last day of the Term, including any option term, or earlier upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its good order, condition existing as of the Commencement Dateand repair, normal fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, and damage improvements other than business and trade fixtures which may be made or installed by fire either Landlord or other casualty exceptedTenant upon the Leased Premises or in the Common Area, with all interior walls repaired if damagedshall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term, whether by the elapse of time or otherwise, all carpets vacuumed, all broken, marred without compensation 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 credit to Landlord, and all floors cleaned, all to the reasonable satisfaction of LandlordTenant. 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, its equipment and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, the Temporary Addition and any other improvements to the Premises approved by the Design Review Board for temporary installation only, and shall repair any damage occasioned by such failure continues after removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the The delivery to Landlord at the place then fixed for the payment of rent of the keys or door access system cards and software to the Leased Premises shall constitute surrender of the premises by Tenant. Acceptance of the keys or door access system cards and software by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain or dispose possession of such property and all rights until payment in full of Tenant with respect to it said amounts. Said lien shall cease, or Landlord may place all or any portion of not be defeated by placing 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 Landlordstorage. If the Premises are Tenant has not so surrendered at redeemed said property within ninety (90) days after the termination of this said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesto Landlord.

Appears in 1 contract

Sources: Lease Agreement (Exact Sciences Corp)

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 if damaged, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washedthe HVAC, 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 cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's ’s personal property and all of Tenant's ’s alterations required to be removed pursuant to Section 5E6.E, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's ’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 ’s account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's ’s personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Default Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Sources: Lease Agreement (Rainmaker Systems Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation 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 Landlordchanges resulting from approved Alterations, and all floors cleaned, all Tenant shall have no obligation to remove Alterations or Minor Alterations to the reasonable satisfaction Premises except to extent specifically provided in this Lease; provided, however, that prior to the expiration or termination of Landlord. this Lease Tenant shall remove from the Premises all Tenant's ’s telephone and electronic cabling and security systems installed in the Building by Tenant, personal property and any Trade Fixtures and all of Tenant's alterations required Alterations and Minor Alterations that Landlord has elected to be removed pursuant require Tenant to remove as provided in Section 5E6.1 - Tenant Improvements & Alterations, and restore the Premises to its condition prior to their installation. If repair any damage caused by such removal, provided, however, that Tenant fails shall not be required to remove any alterations and/or Tenant's personal property, and such failure continues after telephone or other cabling installed in the termination Building by Tenant if Tenant fulfills the initial 144 month Term of this Lease. If such removal is not completed before the expiration or termination of the Term, Landlord may 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 Tenant shall indemnify Landlord from any other costs or damages incurred by Landlord by reason of Tenant’s failure to complete timely removal. Landlord shall also have the right to 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 Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant's accountwhich event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such alterations property. Upon expiration or termination of this 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 Tenant's personal property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or termination of this Lease, . In no event shall Tenant shall indemnify Landlord against all loss be required to remove the Tenant Improvements or liability, including attorneys' fees and costs, resulting from delay by Tenant any Alterations except as provided in so surrendering the PremisesSection 6.1 above.

Appears in 1 contract

Sources: Lease Agreement (Transoma Medical Inc)

Surrender. 36.1. No surrender of possession of any part of the Demised Premises shall release Tenant from any of its obligations hereunder unless accepted by Landlord. 36.2. The voluntary or other surrender of this Lease by Tenant shall not work a merger, unless Landlord consents and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies. 36.3. The voluntary or other surrender of any ground or underlying lease that now exists or may hereafter be executed affecting the Building, or a mutual cancellation, thereof, or of Landlord's interest therein, shall not work a merger and shall, at the option of the successor of Landlord's interest in the Building, operate as an assignment of this Lease. 36.4. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Demised Premises to Landlord in its condition existing as broom clean and free of debris; with all of the Commencement Date"Existing Tenant Fixtures" (defined below) in place, 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 working 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, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and but with all of Tenant's alterations other personal property and effects removed therefrom; with all alterations, improvements and fixtures required by Landlord pursuant to this Lease to be removed pursuant to Section 5E, and restore from the Demised 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 (including any portion of the Existing Tenant Fixtures Landlord may designate) actually removed and all damage as a result of or caused by such property removal repaired (all at the sole cost and expense of Tenant); and with all licenses, permits and similar items which restrict or affect the used of the Demised Premises released and fully terminated. 36.5. As used in public storage for Tenant's account. the Lease, "Existing Tenant shall be liable to Landlord for costs Fixtures" means all of removal of any such alterations and Tenant's the 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 fixtures listed on Exhibit "F" to 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

Sources: Lease Agreement (Antex Biologics Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease Sublease for any reason. Tenant , Subtenant shall surrender the Premises to Landlord Sublandlord in its condition existing as of the Commencement Date (including the Initial Tenant Improvements even if not completed as of the Commencement Date) but subject to the provisions of Section 5, normal wear and tear and damage 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 vacuumedshampooed 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 cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant Subtenant shall remove from the Premises all TenantSubtenant's personal property and all of TenantSubtenant's alterations required to be removed pursuant to Section 5ESections 5D and 5E (but not the Initial Tenant Improvements), and restore the Premises to its condition prior to their installation. If Tenant Subtenant fails to remove any alterations and/or TenantSubtenant's personal property, and such failure continues after the termination of this LeaseSublease, Landlord or Sublandlord may retain or dispose of such property and all rights of Tenant Subtenant with respect to it shall cease, or Landlord Sublandlord may place all or any portion of such property in public storage for TenantSubtenant's account. Tenant Subtenant shall be liable to Landlord Sublandlord for costs of removal of any such alterations and TenantSubtenant'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 LandlordSublandlord. If the Premises are not so surrendered at the termination of this LeaseSublease, Tenant Subtenant shall indemnify Landlord Sublandlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant Subtenant in so surrendering the Premises.

Appears in 1 contract

Sources: Sublease Agreement (Vitria Technology 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 Datecommencement 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 vacuumedshampooed 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 cleanedcleaned 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 5E5.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 PremisesLandlord, together with interest at the Interest Rate interest rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Sources: Lease (Numerical Technologies Inc)

Surrender. 19.1 At the expiration or other termination of this Lease, Tenant shall surrender the Premises to Landlord in as good order and condition as they were at the commencement of the Term or may be put in thereafter in accordance with this Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term. At the expiration or termination of the Term, Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property 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 not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease. 19.2 Upon termination of this Lease for any reason, Tenant will return to Landlord the Premises licensed by the State of Oregon and by any and all governmental agencies having jurisdiction over the Premises as a skilled nursing facility and/or intermediate nursing care facility for the Fernhill Facility and the Pacific Facility and an intermediate nursing care facility for the Sheridan Facility with at least the Minimum Licensed Beds for each Facility (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises). 19.3 Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender enter into an operating transition agreement (the Premises to “OTA”) with Landlord in its condition existing as order to provide for the orderly transition 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 operation 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, 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 each Facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, operating agreements and other agreements that Landlord may retain or dispose elects to have assigned from Tenant. In addition, the OTA shall address the transition of such property and licensing requirements for each Facility under all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesapplicable Legal Requirements.

Appears in 1 contract

Sources: Lease Agreement (Cornerstone Core Properties REIT, Inc.)

Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of this --------- Lease for any reason. Tenant shall Lease, surrender the Premises to Landlord in its the same condition existing as of existed on the Commencement Date, normal date Tenant originally took possession thereof (reasonable wear and tear and damage by fire or other casualty due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired cleaned, all interior painted surfaces repainted in the original color, if damagednecessary, all holes in walls repaired, all carpets vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, HVAC equipment servicing only the plumbing Premises in operating order 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 cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from at such time also surrender to Landlord such alterations (to 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 Premises) as Landlord does not require Tenant fails to remove any alterations and/or in accordance with Paragraph 7.6 above. Tenant's personal property, and such failure continues after on or before the expiration or sooner termination of this Lease, Landlord may retain or dispose shall remove all of such its personal property and trade fixtures from the Premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations and Tenant's personal property and storage and transportation costs Tenant fails to remove if so required by Landlord, together with the cost of samereturning the Premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.

Appears in 1 contract

Sources: 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 DateDate 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 vacuumedshampooed 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 cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's ’s personal property and all of Tenant's ’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 ’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 ’s account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's ’s personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the 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

Sources: Sublease (Vitria Technology Inc)

Surrender. Upon the On expiration or earlier ten (10) days after termination of this --------- Lease for any reason. the Term, Tenant shall surrender the Premises and all Tenant’s Improvements and alterations to Landlord in its condition existing as of the Commencement Date, normal wear broom clean 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 floors cleaned, all to the reasonable satisfaction of Landlordcondition. Tenant shall remove from all of its trade fixtures and personal property, which personal property specifically includes all cabling installed in the Premises by Tenant (unless Tenant has received consent from Landlord that such cabling may be surrendered with and remain in the Premises), within the time period stated in this Section. Tenant, at its cost, shall perform all Tenant's restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and all of Tenant's alterations required signs to be removed pursuant to Section 5ELandlord’s reasonable satisfaction within the time period stated in this Section. Landlord may, and restore the Premises to at its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal propertyelection, and such failure continues after the termination of this Lease, Landlord may retain or dispose of in any manner any of Tenant’s trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property and all rights that Landlord elects to retain or dispose of Tenant with respect to it shall cease, or Landlord may place all or any portion on expiration of such property ten (10) day period shall vest in public storage Landlord. Tenant waives all claims against Landlord for Tenant's accountany damage to Tenant resulting from Landlord’s retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord’s reasonable costs for storing, removing and disposing of removal of any such alterations Tenant’s trade fixtures 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 Landlordproperty. If Tenant fails to surrender the Premises are not so surrendered at the to Landlord on expiration or ten (10) days after termination of the Term as required by this LeaseSection, Tenant shall pay Landlord Rent in an amount equal to 150% of the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of the Term, or the amount provided by law, whichever is greater, for the entire time Tenant thus remains in possession and Tenant shall be liable for, shall indemnify Landlord against and shall hold Landlord harmless from all loss or liabilitydamages resulting from Tenant’s failure to timely surrender the Premises, including attorneys' fees without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and costs, (ii) Landlord’s damages resulting from delay such prospective tenant rescinding or refusing to enter into the prospective lease of part or all of the Premises by reason of Tenant’s failure to timely surrender the Premises. If Tenant, without Landlord’s prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant in so surrendering the Premisesshall be deemed to be a tenancy at sufferance terminable at any time by either party.

Appears in 1 contract

Sources: Lease Amendment (iVOW, Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for Lease, Tenant shall repair any reasondamage 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 security codes, to Landlord broom clean and in its as good a condition existing as of the Commencement Datewhen received, normal ordinary 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 floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all Conditions existing because of Tenant's alterations required ’s failure to perform maintenance, repairs or replacements shall not be removed pursuant to Section 5E, deemed “reasonable wear and restore the Premises to its condition prior to their installationtear”. If Tenant fails to remove any alterations and/or of Tenant's personal property’s Property, and such failure continues or to restore the Premises to the required condition, within 2 days after the termination of this LeaseLease 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 Property. Tenant shall 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 retain deem all or dispose any part of such property and all rights of Tenant with respect Tenant’s Property to it be abandoned and, at Landlord’s option, title to Tenant’s Property shall cease, vest in Landlord or Landlord may place all or dispose of Tenant’s Property in any portion of such property in public storage for Tenant's account. Tenant shall be liable to manner Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesdeems appropriate.

Appears in 1 contract

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

Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of this --------- Lease for any reason. Tenant shall Lease, surrender the Premises premises to Landlord in its the same condition existing as of existed on the Commencement Date, normal date Tenant originally took possession thereof (reasonable wear and tear and damage by fire or other casualty due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired if damagedcleaned, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting holes 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 Landlordwalls repaired, and all floors cleanedHVAC equipment in operating order and in good repair, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's at such time also surrender to Landlord such alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to their installation. If (as defined in Paragraph 9) as Landlord does not require Tenant fails to remove any alterations and/or in accordance with Paragraph 9.6 above. Tenant's personal property, and such failure continues after on or before the expiration or sooner termination of this Lease, Landlord may retain or dispose shall remove all of such its personal property and trade fixtures from the premises, and all rights of Tenant with respect to it property not so removed shall cease, or Landlord may place all or any portion of such property in public storage for be deemed abandoned by Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations and Tenant's personal property and storage and transportation costs Tenant fails to remove if so required by Landlord, together with the cost of samereturning the premises to its condition as of the date Tenant originally took possession thereof, and the cost transportation and storage costs of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordsuch items. If the Premises premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against all loss or liabilityliability resulting from delay by ▇▇▇▇▇▇ in so surrendering the premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs, resulting from delay by Tenant in so surrendering . All keys to the Premisespremises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.

Appears in 1 contract

Sources: Lease Agreement (Corsair Communications 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 Datedate 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 vacuumedshampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and the Project all of Tenant's alterations required ’s trade fixtures, furniture, moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5E5.4, and shall restore the Premises to its 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 fails does not timely remove such property, then Tenant shall be conclusively presumed to remove any alterations and/or Tenant's personal have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and such failure continues after the termination of this Lease, Landlord may retain or 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 and all rights of Tenant with respect to it shall ceaseabandoned, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for the costs of of: (i) removal of any such alterations Alterations or personal property, (ii) storage, transportation, and Tenant's personal property and storage and transportation costs disposition of the same, and the cost (iii) repair and restoration of repairing and restoring the Premises, together with interest thereon at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Sources: Lease (PortalPlayer, Inc.)

Surrender. Upon the expiration or earlier termination of this --------- Lease for Lease, Tenant shall repair any reasondamage 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 or the Property 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 security codes, to Landlord broom clean and in its as good a condition existing as of when received and generally in the Commencement Datecondition described on Exhibit H attached hereto, normal ordinary 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 floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all Conditions existing because of Tenant's alterations required ’s failure to perform maintenance, repairs or replacements shall not be removed pursuant to Section 5E, deemed “reasonable wear and restore the Premises to its condition prior to their installationtear”. If Tenant fails to remove any alterations and/or of Tenant's personal property’s Property, and such failure continues or to restore the Premises to the required condition, within 5 days after the termination of this LeaseLease or Tenant’s right to possession, Landlord, at Tenant’s 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 Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove ▇▇▇▇▇▇’s Property from the Premises or storage, within 30 days after notice, Landlord may retain deem all or dispose any part of such property and all rights of Tenant with respect Tenant’s Property to it be abandoned and, at Landlord’s option, title to Tenant’s Property shall cease, vest in Landlord or Landlord may place all or dispose of Tenant’s Property in any portion of such property in public storage for Tenant's account. Tenant shall be liable to manner Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesdeems appropriate.

Appears in 1 contract

Sources: Multi Tenant Industrial Triple Net Lease (Farmmi, Inc.)

Surrender. (a) Upon the expiration or earlier termination of this --------- Lease for any reason. Tenant shall , 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 exceptedexcepted (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 vacuumedshampooed 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 cleanedcleaned and waxed and, all if Tenant has performed any alterations which Landlord does not elect to retain the reasonable satisfaction removal of Landlord. Tenant shall remove from such alterations and the Premises all Tenant's personal property and all restoration of Tenant's alterations required to be removed pursuant to Section 5E, and restore 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 not be responsible for such excess cost. (c) 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 all 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 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. . (d) If the Premises are not so surrendered at the termination of this LeaseLease in accordance with this Section 16, 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

Sources: Lease (Loudcloud Inc)

Surrender. Upon Immediately prior to the expiration or earlier upon the sooner termination of this --------- Lease for any reason. Lease, the expiration or termination of the Lease, Tenant shall surrender the Premises broom clean, in the same good condition as delivered to Landlord in its condition existing as of the Commencement DateTenant, normal reasonable wear and tear and damage by fire or other casualty excepted, with and free from all interior walls repaired if damagedHazardous Materials. Tenant shall remove any Alterations, except to the extent that Landlord shall have notified in writing at the time the Alterations were completed that such Alterations need not be removed. Tenant shall remove Tenant’s personal property, signage, furniture, fixtures, and equipment set forth on the list attached hereto as Exhibit “G” (“Tenant’s Personal Property”). Tenant shall not remove any of the initial Tenant Improvements, nor shall Tenant remove fixtures or equipment that are not listed on Exhibit Lease – Design Therapeutics, Inc. 13 LL: XMG, T: JS “G”, it being understood that such equipment and fixtures are integral parts of the Premises and shall remain the property of the Landlord. No act or thing done by Landlord or any agent or employee of Landlord during the Lease Term or at the expiration of the Lease Term shall be deemed to constitute an acceptance by Landlord of a surrender of the Premises unless such intent is specifically acknowledged in a writing signed by Landlord. Tenant shall repair all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washeddamage to the Premises, the plumbing exterior of the Building and electrical systems the Common Area caused by Tenant’s removal of Tenant’s Personal Property and lighting in good order and repairAlterations. Tenant shall repair or replace all stained or damaged ceiling tiles, including replacement of any burned out or broken light bulb or ballastswall coverings, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlordwindows, interior glass, and all floors cleaned, all floor coverings in the Premises to the reasonable satisfaction of Landlord. Tenant shall remove from repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Common Area and, where necessary, replace or resurface same. If Landlord elects by written notice to Tenant not later than ten (10) days prior to the termination or expiration of the Term to require Tenant to surrender Tenant’s telecommunications wiring and cabling, then Tenant shall leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Premises, whether such penetrations were made with Landlord’s approval or not. If the Premises all Tenant's personal property and all of Tenant's alterations are not surrendered to Landlord in the condition required to be removed pursuant to by this Section 5E, and restore at 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 expiration or sooner termination of this Lease, Landlord may retain or dispose of may, at Tenant’s expense, perform such property removal, repairs 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 accountreplacements not so made. Tenant shall be liable to Landlord for all costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of sameincurred by Landlord in returning the Premises, the Building and the cost of repairing and restoring Common Area to the Premisesrequired condition, together with interest at the Interest Rate on all costs so incurred from the date of expenditure paid by Landlord. If the Premises are not so surrendered Landlord at the termination Default Rate until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord’s billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of Tenant completing all or any portion of the work required pursuant to this LeaseArticle, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants. At least thirty (30) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third-party state-certified professional with appropriate expertise, which Exit Survey must be reasonably acceptable to Landlord. The Exit Survey shall comply with the American National Standards Institute’s Laboratory Decommissioning guidelines (ANSI/ASSE Z9.11-2016) or any successor standards published by ANSI or any successor organization (or, if ANSI and its successors no longer exist, a similar entity publishing similar standards). In addition, at least ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall (a) provide Landlord with written evidence of all appropriate governmental releases obtained by Tenant in accordance with Applicable Laws, including laws pertaining to the surrender of the Premises, (b) place Laboratory Equipment Decontamination Forms on all decommissioned equipment to assure safe occupancy by future users and (c) conduct a site inspection with Landlord. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey and comply with any recommendations set forth in the Exit Survey and shall be considered a holdover tenant until such time as the Tenant has remediated and complied with the requirements of this Section. Tenant’s obligations under this Section shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Sources: Lease (Design Therapeutics, Inc.)

Surrender. Upon At the expiration or earlier termination of this --------- Lease for any reason. or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property from the Premises, and quit and surrender the Premises to Landlord in its condition existing as of the Commencement DateLandlord, normal wear broom clean, 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 order, condition and repair, including replacement of any burned out or broken light bulb or ballastsordinary wear and tear, casualty and damage caused by Landlord excepted. Notwithstanding the HVAC equipment serviced foregoing, Landlord may, in Landlord’s sole discretion and repaired by a reputable and licensed service firm acceptable at no cost to Landlord, and all floors cleaned, all require Tenant to leave any Special Installations in 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 installationPremises. If Tenant fails to remove any alterations and/or of Tenant's personal property, and such failure continues ’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this LeaseLease or of 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 Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, within 30 days after Landlord’s written demand, the removal expenses and storage charges incurred for Tenant’s Removable Property. If Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, Landlord may retain deem all or dispose any part of such property Tenant’s Removable Property to be abandoned, and all rights of Tenant title to Tenant’s Removable Property (except with respect to it any Hazardous Materials) shall cease, or Landlord may place all or any portion of such property be deemed to be immediately vested in public storage for Tenant's accountLandlord. Tenant shall be liable to Landlord for costs of repair damage caused by the installation or removal of any such alterations and Tenant's personal property and storage and transportation costs of same’s Removable Property. If, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from time Tenant requests Landlord’s consent to the date installation of expenditure by Landlord. If any Special Installations, Tenant requests Landlord to notify Tenant whether such Special Installations must be removed upon the Premises are not so surrendered at the expiration or earlier termination of this Lease, then, concurrently with Landlord’s delivery of written consent to such Special Installations, Landlord shall notify Tenant whether such Special Installation must be so removed. If Landlord states that such Special Installation is not required to be removed, Tenant shall indemnify Landlord against all loss have no obligation to remove such Special Installation upon the expiration or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesearlier termination of this Lease.

Appears in 1 contract

Sources: Office Lease (EverCommerce Inc.)

Surrender. Upon On the expiration Expiration Date, Tenant’s right to possession and use of the Leased Premises shall terminate. On or earlier termination of this --------- Lease for any reason. before the Expiration Date, Tenant shall vacate and surrender possession of the Leased Premises to and the fixtures and equipment owned by Landlord in its condition existing and located within the Leased Premises as of the Commencement Date, normal wear Date in the Surrender Condition described in Exhibit B to this Lease. Landlord and tear Tenant shall conduct a joint inspection of the Leased Premises not later than forty-eight (48) hours after Tenant has vacated 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, surrendered possession of 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 Leased Premises to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from any improvements hereafter installed by Tenant prior to Tenant’s surrender to Landlord of the Premises all Leased Premises, to the extent required by Landlord at the time Landlord approves the installation of such improvements. For the avoidance of doubt, in no event shall Tenant be required to restore or remove any portion of Landlord’s Work as set forth in Exhibit E. Tenant shall repair and restore any damage caused by its removal of Tenant's ’s personal property as well as any portion of the furniture, fixtures and all of Tenant's alterations required to be removed pursuant to Section 5Eequipment or improvements which it removes at Landlord’s direction, and restore such that the Leased Premises to its condition are left in readily usable condition. Tenant shall obtain Landlord’s prior to their installationwritten approval for any removal that affects the Building’s structure or mechanical systems. In no event shall Tenant remove any lighting. If Tenant fails has not timely vacated and returned the Leased Premises to remove any alterations and/or Tenant's personal property, and such failure continues after Landlord in the termination of this LeaseSurrender Condition as herein required, Landlord may retain re-enter and repossess the Leased Premises in accordance with applicable law and remove all persons, Tenant’s property, Tenant’s improvements and any furniture, fixtures and equipment timely designated by Landlord therefrom by summary proceeding, ejectment or dispose other legal action. Landlord shall not be liable by reason of any such property and all rights of Tenant with respect to it shall ceasereentry, repossession or removal, or Landlord may place all or any portion of such property in public storage for Tenant's account’s property left in the Leased Premises. Any items of Tenant’s property that shall remain in the Leased Premises after the Expiration Date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion, and Tenant shall be liable responsible for reimbursement of Landlord’s reasonable, actual out-of-pocket costs to Landlord for costs dispose of removal of any such alterations and Tenant's personal property and storage and transportation costs of the same, and . Following 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 LeaseExpiration Date, Tenant shall indemnify remain liable for all reasonable, actual, out-of-pocket costs incurred by Landlord against all loss or liability, including attorneys' fees in enforcing Tenant’s obligations under this Section 2.02. All rights and costs, resulting from delay by Tenant remedies of Landlord hereunder shall be cumulative and not mutually exclusive of one another. The rights and remedies herein provided are in so surrendering addition to the Premisesrights and remedies Landlord may enjoy under law and in equity.

Appears in 1 contract

Sources: Long Term Lease Agreement (Viela Bio, Inc.)

Surrender. Upon On the expiration Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or earlier Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this --------- Lease for any reasonLease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in its the condition existing as of the Commencement Date, normal wear and tear and damage required 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 floors cleaned, 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 LeaseParagraph, Tenant shall indemnify indemnify, defend, and hold Landlord harmless from and against all loss or liabilityliabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from such failure, including attorneys' fees and costs, resulting from delay without limitation any claim for damages made by Tenant in so surrendering the Premisesa succeeding tenant.

Appears in 1 contract

Sources: Lease Agreement (BeautyKind Holdings, 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 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 floors cleaned, 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 indemnify surrender the Premises and all Tenant Improvements and Alterations to Landlord against all loss broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or liability, including attorneys' fees condemnation and costs, any changes resulting from delay 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 so surrendering Article 6 (Tenant Improvements & Alterations), 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 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 notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises (and any other part of the Property for which Tenant has keys) and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The delivery of keys to the Premises to Landlord or any agent or employee of Landlord shall not constitute a surrender of the Premises or effect a termination of this Lease, whether or not the keys are retained by Landlord. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (LendingClub Corp)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall peaceably leave and surrender the Leased Premises or Affected Premises, as is applicable, to Landlord in its the same condition existing in which the Leased Premises or Affected Premises, as applicable, was at the commencement of the Commencement Datethis Lease, normal except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear and damage by fire from any Casualty or other casualty Condemnation excepted; provided, however, that with all interior walls repaired respect to any Casualty Tenant has paid to Landlord the deductible under Paragraph 16(a)(i) or, if damagedapplicable, all carpets vacuumedLandlord has received the Termination Amount. Upon such surrender, 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, all to the reasonable satisfaction of Landlord. Tenant shall (a) remove from the Leased Premises all or Affected Premises, as applicable, Tenant's personal property ’s Property and all of Tenant's alterations Alterations required to be removed pursuant to Section 5EParagraph 13 hereof, and restore (b) repair any damage caused by such removal. Property not so removed shall become the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal propertyproperty of Landlord, and such failure continues after the termination of this Lease, Landlord may retain thereafter cause such property to be removed from the Leased Premises or dispose Affected Premises, as applicable. The cost of removing and disposing of such property and all rights repairing any damage to any of the Leased Premises or Affected Premises, if applicable, caused by such removal shall be paid by Tenant with respect to it Landlord upon demand. Landlord shall cease, not in any manner or Landlord may place all or to any portion of extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26. Notwithstanding anything to the contrary in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss be under no obligation to patch, repair or liabilityreplace finish work, including attorneys' fees such as wallcoverings, paint and costscarpeting, resulting from delay or to patch, repair or cover holes in the walls or floor left by Tenant the removal of any Alteration or Tenant’s property to the extent such removal was performed in so surrendering the Premisesa reasonable or normal manner.

Appears in 1 contract

Sources: Lease Agreement (Life Time Fitness Inc)

Surrender. Upon On the expiration Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a good condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted, subject to normal wear and tear; all signage installed by Tenant on any portion of the Buildings or earlier Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant's occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this --------- Lease for any reasonLease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant's Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's Personal Property. Tenant will be liable to Landlord for Landlord's costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant's Personal Property. Subject to the provisions of Paragraph 24.2, below, if Tenant fails to surrender the Premises to Landlord on the Expiration Date in its the condition existing as of the Commencement Date, normal wear and tear and damage required 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 floors cleaned, 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 LeaseParagraph, Tenant shall indemnify indemnify, defend, and hold Landlord harmless from and against all loss or liabilityliabilities, damages, losses, costs, expenses, attorneys' fees, and claims resulting from such failure, including attorneys' fees and costs, resulting from delay without limitation any claim for damages made by Tenant in so surrendering the Premisesa succeeding tenant.

Appears in 1 contract

Sources: Modified Gross Office Lease (Bridgepoint Education Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for Lease, Tenant shall repair any reasondamage 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 security codes, to Landlord broom clean, in its as good a condition existing as existed after Substantial Completion of the Commencement DateInitial Tenant’s Work, normal and in the condition described on Exhibit H attached hereto, ordinary 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 floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all Conditions existing because of Tenant's alterations required ’s failure to perform maintenance, repairs or replacements shall not be removed pursuant to Section 5E, deemed “reasonable wear and restore the Premises to its condition prior to their installationtear”. If Tenant fails to remove any alterations and/or of Tenant's personal property’s Property, and such failure continues or to restore the Premises to the required condition, within 2 days after the termination of this LeaseLease 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 Property. Tenant shall 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 retain deem all or dispose any part of such property and all rights of Tenant with respect Tenant’s Property to it be abandoned and, at Landlord’s option, title to Tenant’s Property shall cease, vest in Landlord or Landlord may place all or dispose of Tenant’s Property in any portion of such property in public storage for Tenant's account. Tenant shall be liable to manner Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premisesdeems appropriate.

Appears in 1 contract

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

Surrender. Upon the On 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 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 floors cleaned, 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, Tenant shall surrender to Landlord the Demised Premises, and all Tenant’s improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant), and shall remove all of its personal property including any signs, notices and displays and any leasehold improvements required by Landlord to be removed. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, prior to the expiration of the Lease Term. If any such removal would damage the Demised Premises, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant’s expense or otherwise to require Tenant to post security for such restoration. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property and that Tenant does not remove from the Demised Premises on expiration or termination of the Term as allowed or required by this Lease. Title to any such improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all rights claims against Landlord for any damage or loss to Tenant arising out of Tenant with respect to it shall ceaseLandlord’s retention or disposition of any such improvements, alterations or Landlord may place all or any portion of such property in public storage for Tenant's accountpersonal property. Tenant shall be liable to Landlord for Landlord’s costs of removal storing, removing and disposing of any such improvements, alterations and Tenant's or 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 Landlordproperty. If Tenant fails to surrender the Demised Premises are not so surrendered at the to Landlord on expiration or termination of this LeaseLease as required by this Section, Tenant shall indemnify indemnify, defend and hold Landlord against harmless from all loss or liabilitydamages, loss, cost and expense (including attorneys' fees and costs, resulting from delay by Tenant ’ fees) arising out of or in so surrendering connection with Tenant’s failure to surrender the Demised Premises.

Appears in 1 contract

Sources: Retail Lease (Prime Meridian Holding Co)

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 repaired cleaned and repaired, if marked or damaged, all carpets vacuumedvacuumed (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 Tenant?s trade fixtures and personal property as required herein, and all of Tenant's those alterations required to be removed pursuant to Section 5E5.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 interest rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises, unless such delay is solely caused by Landlord's actions.

Appears in 1 contract

Sources: Lease (Navisite Inc)

Surrender. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall agrees to peaceably surrender the Premises to Landlord broom clean and in its condition existing as a state of the Commencement Dategood order, normal repair and condition, ordinary wear and tear and casualty damage by fire or other casualty (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, together 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 floors cleaned, 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 Alterations (as defined in Paragraph 13) removed pursuant to Section 5E, and restore from the Premises to its condition the extent required under Paragraph 13 and all damage caused by such removal repaired as required by Paragraph 13. At least ninety (90) days, prior to their installationthe date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the Premises and which items Tenant is to remove as well as any repairs Tenant is to make upon surrender of the Premises as required by this Lease. During such ninety (90) day period, Landlord may, at its option, and at Landlord's sole cost and expense, retain the services of one or more inspectors or consultants to inspect the Premises and all equipment and fixtures located therein to determine if they are in the condition required for proper surrender by Tenant. If any such inspections disclose any deficiencies in the condition of the Premises, Tenant fails will promptly cause the same to remove any alterations and/or be corrected in a good and workmanlike manner at Tenant's personal property, sole cost and such failure continues after expense prior to the surrender date. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease, Landlord may retain Lease or dispose a surrender 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 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

Sources: Standard Industrial/Commercial Lease (Axsys Technologies Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in its condition existing as of the Commencement Datetheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and damage by fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired if damagedhowever, 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 floors cleaned, all that prior to the reasonable satisfaction expiration or termination of this Lease Tenant shall, at Landlord. ’s request, remove all telephone and other cabling installed in the Building by Tenant shall and remove from the Premises all Tenant's ’s personal property and any Trade Fixtures and all of Tenant's alterations required Alterations (other than standard office improvements) that Landlord has elected to be removed pursuant require Tenant to remove as provided in Section 5E6.1 - Tenant Improvements & Alterations, and restore 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 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 if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in public storage for Tenant's accountwhich event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant shall be liable to waives all Claims against Landlord for costs of removal any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such alterations property. Upon expiration or termination of this 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 Tenant's personal property shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and storage and transportation costs of same, and the cost of repairing and restoring vaults that may be located in the Premises, together with interest at . Tenant’s obligations under this Section shall survive the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at 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

Sources: Lease Agreement (FireEye, Inc.)

Surrender. 19.1 At the expiration or other termination of this Lease, Tenant shall surrender the Premises to Landlord in as good order and condition as they were at the commencement of the Term or may be put in thereafter in accordance with this Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term. At the expiration or termination of the Term, Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property 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 not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease for a period of one (1) year. 19.2 Upon termination of this Lease for any reason, Tenant will return to Landlord the Premises licensed by the State of Texas and by any and all governmental agencies having jurisdiction over the Premises as a skilled nursing facility with at least the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in Laws relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in Laws relating to the physical attributes of the improvements on the Premises). 19.3 Upon the expiration or earlier termination of this --------- Lease for any reason. (unless the earlier termination arises from an Event of Default by Tenant under this Lease, in which case the OTA shall surrender the Premises to Landlord be 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 form acceptable only to Landlord, and all floors cleanedin its reasonable discretion), all to the reasonable satisfaction of Landlord. Tenant shall remove from enter into a mutually agreeable operations transfer agreement (the Premises all Tenant's personal property and all “OTA”) with Landlord in order to provide for the orderly transition 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 operation of the facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, operating agreements and other agreements that Landlord may retain or dispose elects to have assigned from Tenant. In addition, the OTA shall address the transition of such property and licensing requirements for the Facility under 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 accountapplicable Legal Requirements. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.Lease – Friendswood SNF 21

Appears in 1 contract

Sources: Lease (Summit Healthcare REIT, 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 Datewill, 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 floors cleaned, 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 upon termination of this Lease, Landlord may retain or dispose of such property surrender the premises and all rights fixtures and equipment of Tenant with respect to it the Landlord therein in good, clean, and operating condition, ordinary wear and tear excepted. Utilities shall cease, or Landlord may place be disconnected and all or any portion final bills paid. Utilities and proof of such property in public storage for Tenant's accountreceipts provided by ▇▇▇▇▇▇. Tenant shall be liable to Landlord for costs shall, at time of removal of any such alterations vacating the premises: a. Clean said premises 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 remove trash from the date of expenditure by Landlord. premises. b. If the Premises are not so surrendered premises is rented with wall-to-wall carpet or rugs, then Tenant, at the termination of this Lease, will shampoo and clean said rug or carpet prior to vacating the premises. c. Upon vacating the premises, ▇▇▇▇▇▇ 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 shall indemnify Landlord against all loss for changing locks. d. Tenant will be responsible for any damages to walls or liability, woodwork including attorneys' fees and costs, but not limited to those resulting from delay the use of picture hooks, cup hooks, nails, or screws and said ▇▇▇▇▇▇ 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 in so surrendering and shall, at Landlord's option, become Landlord’s property and Landlord may dispose of it without liability. Any of the Premisesabove items not completed by Tenant will be completed by Landlord, and ▇▇▇▇▇▇ will be charged accordingly.

Appears in 1 contract

Sources: Lease Agreement

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 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 floors cleaned, 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 whether by forfeiture, lapse of time or dispose of such property and all rights of Tenant with respect to it shall ceaseotherwise, or Landlord may place all or any portion upon termination of such property in public storage for Tenant's account. ’s right to possession of the Leased Premises, Tenant shall be liable to Landlord for costs of removal of any such alterations will at once surrender and Tenant's personal property and storage and transportation costs of same, and deliver up the cost of repairing and restoring the Leased Premises, together with interest all improvements thereon, to Landlord, broom swept, in good condition and repair, reasonable wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required herein, shall not be deemed “reasonable wear and tear”. Tenant shall deliver to Agent all keys to all doors therein. As used herein, the term “Improvements” shall include, without limitation, all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment, and all Alterations (as said term is defined in Section 9.2 hereof) whether or not permitted under Section 9.4. All Alterations, temporary or permanent, made in or upon the Leased Premises by Tenant shall become Landlord’s property and shall remain upon the Leased Premises on any such termination without compensation, allowance or credit to Tenant; provided, however, that Landlord shall have the right to require Tenant to remove any Alterations and restore the Leased Premises to their condition prior to the making of such Alterations, repairing any damage occasioned by such removal and restoration. Said right shall be exercised by Landlord giving written notice thereof to Tenant on or before ninety (90) days after such termination. If Landlord requires removal of any Alterations and Tenant does not make such removal in accordance with this Section at the Interest Rate from time of such termination, or within ten (10) days after such request, whichever is later, Landlord may remove the date same (and repair any damage occasioned thereby), and dispose thereof or, at its election, deliver the same to any other place of expenditure by Landlordbusiness of Tenant or warehouse the same. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify pay the costs of such removal, repair, delivery and warehousing to Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premiseson demand.

Appears in 1 contract

Sources: Industrial Building Lease (Coinstar Inc)

Surrender. Upon the On expiration or earlier early termination of this --------- Lease for any reason. 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 to Landlord in its condition existing as clean and free of the Commencement Date, normal wear debris inside and tear and damage by fire or other casualty exceptedout, 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 carpets vacuumed, 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, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Also prior to the expiration or earlier termination of 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 from the Premises all Tenant's personal of its furnishings and trade fixtures that remain its property and restore all damage resulting from such removal. Failure to remove said property shall be an abandonment of Tenant's alterations required to be removed pursuant to Section 5Esame, and restore the Premises to its condition prior to their installation. If Tenant fails to Landlord may remove and/or dispose of it in any alterations and/or Tenant's personal propertymanner permitted under law without liability, 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 any costs of removal removal, restoration, transportation to storage, storage and/or disposal, plus an administrative fee of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premisesten percent (10%), together with interest on ail such expenses and fees at the Interest Rate from interest rate provided in Paragraph 25.2, The provisions of this Paragraph 17.1 (including, without limitation, all provisions referenced herein) shall survive the date of expenditure by Landlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises.

Appears in 1 contract

Sources: Sublease (Minerva Surgical Inc)

Surrender. Upon the expiration or earlier termination of this --------- Lease for any reason. Lease, Tenant shall peaceably leave and surrender the Leased Premises or Affected Premises, as is applicable, to Landlord in its the same condition existing in which the Leased Premises or Affected Premises, if applicable, was at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of the Commencement Datethis Lease, normal ordinary wear and tear and damage by fire from any Casualty or other casualty Condemnation excepted; provided, however, that with all interior walls repaired respect to any Casualty Tenant has paid to Landlord the deductible under Paragraph 16(a)(i) or, if damagedapplicable, all carpets vacuumedLandlord has received the Termination Amount. Upon such surrender, 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, all to the reasonable satisfaction of Landlord. Tenant shall (a) remove from the Leased Premises or Affected Premises, if applicable, all Tenant's personal property ’s Property and all of Tenant's alterations Alterations required to be removed pursuant to Section 5EParagraph 13 hereof, and restore (b) repair any damage caused by such removal. Property not so removed shall become the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal propertyproperty of Landlord, and such failure continues after the termination of this Lease, Landlord may retain thereafter cause such property to be removed from the Leased Premises or dispose Affected Premises, if applicable. The cost of removing and disposing of such property and all rights repairing any damage to any of the Leased Premises or Affected Premises, if applicable, caused by such removal shall be paid by Tenant with respect to it Landlord upon demand. Landlord shall cease, not in any manner or Landlord may place all or to any portion of extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26. Notwithstanding anything to the contrary in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss be under no obligation to patch, repair or liabilityreplace finish work, including attorneys' fees such as wallcoverings, paint and costscarpeting, resulting from delay or to patch, repair or cover holes in the walls or floor left by Tenant the removal of any Alteration or Tenant’s property to the extent such removal was performed in so surrendering the Premisesa reasonable or normal manner.

Appears in 1 contract

Sources: Lease Agreement (Life Time Fitness Inc)