Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall 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
Samples: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)
Surrender. Tenant shall, upon the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, 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 xxxx 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 reasonable 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 fifteen (15) days after receipt of Landlord’s statement. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender to Landlord all 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 13.1 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord and its Agents against all any loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Normal wear and tear, Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the purposes express purpose of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use arranging a meeting with Landlord for a joint inspection of the Leased 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 Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of this Lease, Landlord the Leased Premises shall have the option be conclusively deemed correct for purposes of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesdetermining Tenant’s liability for repairs and restoration hereunder.
Appears in 2 contracts
Samples: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
Surrender. Upon the expiration or earlier termination of the Term, this --------- Lease for any reason. Tenant shall surrender the Premises to Landlord in good its condition and repairexisting 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 shampooed and cleanedvacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Paragraph 11Section 5E, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations 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
Samples: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Alterations required which Landlord elects to be removed pursuant to Paragraph 11Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe 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 have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, personal property. If Landlord may retain 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 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 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
Samples: Lease Termination Agreement (Proxim Corp), Lease (Nextg Networks Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant's trade fixtures, furniture, moveable equipment and other personal property, and any Alterations required which Landlord elects to be removed pursuant to Paragraph 11Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe 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 have, at Landlord's election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, personal property. If Landlord may retain 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 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 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
Samples: Lease (Trimble Navigation LTD /Ca/), Lease Agreement (Trimble Navigation LTD /Ca/)
Surrender. Upon the expiration of the Lease Term, or upon the earlier termination of the Termthis Lease, Tenant shall vacate and surrender the Leased Premises to Landlord in good first class condition and repairrepair and in full compliance with the maintenance, normal wear repair and tear and fire replacement provisions of this Lease. In any event, Tenant shall cause the 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 and repainted if damagedor replaced, as necessary;
d. all carpets not 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 cleanedshampooing 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 replaced with matching tilesshall be replaced; and
g. all windows shall be washed. If Landlord so requests, all interior sides of windows washedTenant shall, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant prior to the terms expiration or sooner termination of this Lease, remove any Alterations which Tenant is required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, Section 11 and repair any all damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the Leased Premises are not so surrendered upon the expiration or sooner termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for 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 and its Agents against all loss or liability, including attorneys’ fees and costs, liability to the extent 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 Leased Premises, due to the expected and permitted use of the Premisesincluding, without limitation, any claims made by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices any succeeding tenant to the extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, related 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 leasessuch delay.
Appears in 2 contracts
Samples: Lease (Speedfam Ipec Inc), Lease Agreement (Novellus Systems Inc)
Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the Delivery Date, normal wear and tear and tear, fire or other casualty casualty, condemnation, Hazardous Materials (other than those released or emitted by Tenant, its agents, employees or invitees) and repairs that are Landlord's responsibility under this Lease, excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and floors cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, and the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedfirm, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations alterations, additions or improvements required to be removed pursuant to Paragraph 11, and all Tenant’s 's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations alterations, additions or improvements and/or Tenant’s 's Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations alterations, additions or improvements 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 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, 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 Leaselease. 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, Lease 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 Leaselease, 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
Samples: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)
Surrender. Upon On the expiration or earlier termination of the TermExpiration 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 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. 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 good the condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired required by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this LeaseParagraph, Tenant shall indemnify indemnify, defend, and hold Landlord harmless from and its Agents 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 by Tenant in so surrendering the Premises. Normal wear and tear, without limitation any claim 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, damages made 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 leasessucceeding tenant.
Appears in 2 contracts
Samples: Office Lease Agreement (Evoke Pharma Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp)
Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of the Term--------- this Lease, Tenant shall surrender the Premises to Landlord in good the same condition and repair, normal as existed on the date Tenant originally took possession thereof (reasonable wear and tear and fire or other casualty damage due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired and cleaned, all interior painted surfaces repainted in the original color, if damagednecessary, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of 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 bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors 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 any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Premises) as Landlord does not require Tenant fails to remove any such 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 such shall remove all of 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 Alterations and abandoned trade fixtures or equipment of Tenant’s Personal Property and storage and transportation costs , or of sameany alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and the 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 and its Agents 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. Normal wear and tear, for All keys to the purposes of this Lease, Premises or any part thereof shall be construed surrendered to mean wear and tear caused to the Premises, due to the expected and permitted use Landlord upon expiration or sooner termination 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 leasesLease term.
Appears in 2 contracts
Samples: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group Inc)
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall repair any damage to and restore the Termcondition 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 as good a condition and repairas when received, normal ordinary wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides . Conditions existing because of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertyfailure to perform maintenance, repairs or replacements shall not be deemed “reasonable wear and repair any damage and perform any restoration work caused by such removaltear”. If Tenant fails to remove any such Alterations and/or of Tenant’s Personal 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 such property and deem all rights or any part 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 any portion dispose of such property in public storage for Tenant’s account. Tenant shall be liable to Property in any 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 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 leasesdeems appropriate.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)
Surrender. Upon the On expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, 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 Alterations and Tenant’s Personal Property and storage and transportation costs of sameimprovements, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordalterations or personal property. 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 harmless from all damages, loss, cost and its Agents against all loss 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. 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 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this LeaseLease Tenant shall, required to maintain at Landlord’s request, remove all telephone and other cabling installed in the HVAC system serving the Premises), Building by Tenant and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertypersonal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage and perform any restoration work caused by such removal. If ; provided, however, that Tenant fails shall not be required to remove (i) any such Alterations and/or Tenant’s Personal Propertyportion of the Tenant Improvements (except for wiring and cabling), subject to the terms and such failure continues after conditions of Section 6.1 above; (ii) Standard Office Improvements, (iii) the termination vault located in Suite 100 of the Premises as of the date of this Lease and the vault located in Suite 150 of the Premises as of the date of this Lease, Landlord may retain such property (iv) the two (2) above-grid air conditioning units in the second (2nd) floor computer room, (v) the private elevator servicing between the first (1st) and all rights second (2nd) floors of the Premises, and (vi) the air conditioning unit in the electrical room of Suite 150. In any event, and notwithstanding anything to the contrary contained herein, unless otherwise notified in writing by Landlord, Tenant shall remove any signage installed by or on behalf of Tenant with respect pursuant to it this Lease or the Existing Leases, any supplemental heating, ventilating and air conditioning unit servicing the Premises and installed therein as of the date of this Lease, the existing night depository and Tenant’s Security System. If such removal is not completed before the expiration or termination of the Term, Landlord shall ceasehave 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 Landlord may place dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in 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 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 the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify 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 its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located 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 Section shall it be construed, to include items of neglected survive the expiration 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 termination 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 1 contract
Surrender. (a) Upon the expiration or earlier termination of the Term, Tenant shall quit and surrender the Premises to Landlord the Building and/or Demised Premises in compliance with all governmental regulations as mentioned herein, broom clean and in good order, in the same condition and repair, normal as of the Commencement Date excepting ordinary wear and tear to painted surfaces and fire floor coverings, and damage by 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 such as, but not limited to, accumulations of grease or dust on walls, ceilings, floors or HVAC equipment, discoloration, staining, pitting or spalling of concrete floor surfaces, damage to walls, columns, bollards or doors or door frames/rails from materials moving equipment such as fork lifts, failure to remove cabling or controls such as, but not limited to, alarm panels, and repainted if damageddamage to asphalt parking areas from excessive weight of vehicle or improper use of trailer dollies, all carpets shampooed shall not constitute ordinary wear and cleanedtear. In addition, all brokennotwithstanding an exception for reasonable wear and tear, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides Tenant agrees upon termination of windows washedthe 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 working order, and repairthe condition of the Building and/or Demised Premises shall be in such a condition upon surrender as though the Tenant made all repairs and replacements as were necessary during the Term and was continuing the operation of its business at the Demised Premises. If requested by Tenant, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Landlord shall advise Tenant is at any time, pursuant as to the terms of this Lease, required repairs and restoration to maintain the HVAC system serving the Premises), and all floors cleaned, all be undertaken by Tenant prior to the reasonable satisfaction expiration of Landlordthe Term. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all personal property of Tenant’s Personal Property, 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 perform any restoration work caused doors of the Building and/or Demised Premises and shall restore such walls or doors to the condition they were in prior to the installation of Tenant’s signage (ii) all cable and/or wiring abandoned or to be abandoned by such removalTenant within the Demised Premises as necessary to comply with current code, rule or regulation, (iii) all debris from the Building and Demised Premises including the cleaning up of the dumpster area(s) and loading dock areas, and (iv) all dumpsters or garbage containers. If Tenant fails to remove any such 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 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 and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from the delay by Tenant in so surrendering the Demised Premises. Normal wear , 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 tear, advise Tenant of the work required to place the Building and/or Demised Premises in condition for surrender pursuant to the purposes 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 mean wear and tear caused to the Premisesconstitute an election of remedies, due to the expected and permitted use a waiver of the Premises, by any other remedy which may be available or a natural aging process which occurs in spite waiver of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are such default. Tenant’s 's obligations under this Lease. It is not intended, nor Section shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term earlier termination 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 1 contract
Samples: Lease (R F Industries LTD)
Surrender. Upon the On expiration or earlier ten (10) days after termination of the Term, Tenant shall surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlordcondition. Tenant shall remove from all of its trade fixtures and personal property within the Premises any Alterations required to be removed pursuant to Paragraph 11time period stated in this Section. Tenant, and at its cost, shall perform all Tenant’s Personal Propertyrestoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and perform signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any restoration work caused 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 such removalthe provisions of this Lease by giving ten (10) days notice to Tenant. If Tenant fails Title to remove any such Alterations and/or Tenant’s Personal Property, trade fixtures and such failure continues after the termination personal property that Landlord elects to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion 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 costs for storing, removing and disposing of removal Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of any such Alterations the Term as required by this Section, Tenant shall pay Landlord Rent in an amount equal to one and one-half (1-1/2) times the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of the Term for the entire time Tenant thus remains in possession and Tenant shall hold Landlord harmless from all damages resulting from Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring 's failure to timely surrender the Premises, together with interest at the Interest Rate from the date including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant 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 any part or 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 and (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the prospective lease of prudent application part or all of the best standards for maintenancePremises by reason of Tenant's failure to timely surrender the Premises. If Tenant, repair and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It is not intendedwithout Landlord's prior consent, 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 remains in possession of the LeasePremises after expiration or termination of the Term, pursuant or after the date in any notice given by Landlord 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 Tenant terminating this Lease, Landlord such possession by Tenant shall have the option of terminating all existing subleases or accepting be deemed to be a tenancy at sufferance terminable at any sublease(s) as a direct lease or leasestime by either party.
Appears in 1 contract
Samples: Office Lease (Amazon Com Inc)
Surrender. Upon (a) On the expiration date on which this Lease expires or earlier termination of the Termterminates, Tenant shall surrender return possession of the Premises to Landlord in good condition and repaircondition, normal except for ordinary wear and tear tear, and fire except for casualty damage, condemnation damage or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if conditions that Tenant is at any time, pursuant not required to remedy under this Lease. Prior to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, expiration 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 remove from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord and Tenant agree otherwise) and all other personal property installed by Tenant or its Agents against all loss assignees or liabilitysubtenants, including attorneys’ fees and costs, (unless Landlord directs Tenant otherwise). Tenant shall repair any damage resulting from delay by Tenant in so surrendering such removal and shall restore the Premises. Normal Premises to good order and condition, subject to ordinary wear and tear, for casualty damage and condemnation damage. Any of Tenant’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 purposes Premises to Landlord in the condition required under this Lease, Tenant shall reimburse Landlord all actual and reasonable expenses incurred by Landlord to cause the Premises to be in the condition required hereunder. Notwithstanding anything in this Lease to the contrary, in no event shall Tenant be required to remove any Tenant Improvements or Tenant Requested Optional Improvements (including, without limitation, any roof deck).
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be construed to mean wear and tear caused that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the Premisesprovisions of this Lease (unless clearly inapplicable), due except that for the first month of any holdover, the Monthly Rent shall be 125% of the Monthly Rent payable for the last full month immediately preceding the holdover, and thereafter, the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this 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 Lease to the expected and permitted use contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the Premises, by a natural aging process which occurs remedies available to Landlord 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 Leasea Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) suffers as a direct lease or leasesresult of the holdover. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages arising from its holdover except if Tenant holds over in the Premises for more than sixty (60) days.
Appears in 1 contract
Samples: Lease Agreement (INSMED Inc)
Surrender. Upon the On expiration or earlier ten (10) days after termination of the Term, Tenant shall surrender the Premises and all Tenant’s Improvements and alterations to Landlord broom clean and in good condition condition. Tenant shall remove all of its trade fixtures and repairpersonal property, normal wear 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 tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting remain in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and within the time period stated in this Section. Tenant, at its cost, shall perform all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertyrestoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and perform signs to Landlord’s reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any restoration work caused 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 such removalthe provisions of this Lease by giving ten (10) days notice to Tenant. If Tenant fails Title to remove any such Alterations and/or Tenant’s Personal Property, trade fixtures and such failure continues after the termination personal property that Landlord elects to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion on expiration of such property ten (10) day period shall vest in public storage Landlord. Tenant waives all claims against Landlord for Tenantany damage to Tenant resulting from Landlord’s accountretention 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 and Tenant’s Personal Property trade fixtures and storage personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, 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 transportation costs of sameTenant shall be liable for, shall indemnify Landlord against and the cost of repairing and restoring shall hold Landlord harmless from all damages resulting from Tenant’s failure to timely surrender the Premises, together with interest at the Interest Rate from the date including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant 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 any part or 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 and (ii) Landlord’s damages resulting from such prospective tenant rescinding or refusing to enter into the prospective lease of prudent application part or all of the best standards for maintenance, repair and janitorial practices to the extent the same are Premises by reason of Tenant’s obligations under this Leasefailure to timely surrender the Premises. It is not intendedIf Tenant, nor shall it be construedwithout Landlord’s prior consent, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term remains in possession of the LeasePremises after expiration or termination of the Term, pursuant or after the date in any notice given by Landlord 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 Tenant terminating this Lease, Landlord such possession by Tenant shall have the option of terminating all existing subleases or accepting be deemed to be a tenancy at sufferance terminable at any sublease(s) as a direct lease or leasestime by either party.
Appears in 1 contract
Samples: Lease Amendment (iVOW, Inc.)
Surrender. Upon the Expiration Date or termination of this Sublease, Subtenant shall quit and surrender to Sublandlord the Subleased Premises, in the condition required by the terms of the Prime Lease, including, without limitation, performance of all removal and restoration obligations regardless of which entity or person installed or performed the alterations (except for any Alterations or improvements installed at the Subleased Premises prior to the Commencement Date), additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, or furniture, reasonable wear and tear, damage caused by casualty, repairs required as a result of condemnation, and repairs that are the responsibility of Prime Landlord or Sublandlord excepted; for clarity, Subtenant’s surrender obligations shall not include any obligation to remove or restore any Alteration or improvement which existed as of the Effective Date. Without limiting the foregoing, Subtenant shall remove from the Subleased Premises all of its personal property, furniture, furnishings, and equipment, and shall repair all damage resulting from such removal or its use of the Subleased Premises. If Subtenant fails to remove any of Subtenant’s personal property or perform any required repairs or restoration prior to the expiration or earlier termination of the Termthis Sublease, Tenant then Sublandlord, at Subtenant’s sole cost and expense, may remove, store, sell and/or dispose of Subtenant’s personal property and perform such required repairs and restoration work. Subtenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of reimburse Sublandlord for any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all costs and expenses incurred by Sublandlord (whether directly or as a pass-through) to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required cause such property to be removed pursuant to Paragraph 11and repairs and restorations made, together with any and all Tenantdamages which Sublandlord actually suffers and sustains by reason of Subtenant’s Personal Propertyfailure to perform its obligations set forth in this Section, plus [***] administration fee. Subtenant’s obligations to perform and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after observe this covenant shall survive the expiration or earlier termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall 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 leasesSublease.
Appears in 1 contract
Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in good the same condition and repair, normal as existed on the date Tenant originally took possession thereof (reasonable wear and tear and fire or other casualty damage due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired and cleaned, all interior painted surfaces repainted in the original color, if damagednecessary, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of 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 bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors 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 any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Premises) as Landlord does not require Tenant fails to remove any such 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 such shall remove all of 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 Alterations and abandoned trade fixtures or equipment of Tenant’s Personal Property and storage and transportation costs , or of sameany alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and the 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 and its Agents 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. Normal wear and tear, for All keys to the purposes of this Lease, Premises or any part thereof shall be construed surrendered to mean wear and tear caused to the Premises, due to the expected and permitted use Landlord upon expiration or sooner termination 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 leasesLease term.
Appears in 1 contract
Samples: Industrial R&d Lease (Nextcard Inc)
Surrender. Upon the expiration or earlier termination of the Term, this Lease for any reason; Tenant shall surrender the Premises to Landlord in good its condition existing as of the commencement date under the Proxim Sublease as to Building A and repairBuilding B, or the Commencement Date under this Lease, as to Building C, as the case may be, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the elevators, plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all Tenant’s personal property and all of Tenant’s alterations required to be removed pursuant to Paragraph 11Section 5E, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Propertypersonal 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 alterations and Tenant’s Personal Property 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 1 contract
Samples: Sublease (Vitria Technology Inc)
Surrender. Upon 19.1 At the expiration or earlier other termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in as good order and condition and repairas they were at the commencement of the Term or may be put in thereafter in accordance with this Lease, normal reasonable wear and tear and fire or (other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of than for any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired Restoration required by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease) damage to the Premises by any Major Condemnation of the Premises excepted. All alterations, required to maintain the HVAC system serving the Premisesexcept 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 all floors cleanedshall 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, all to the reasonable satisfaction of Landlord. Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises Premises. Tenant agrees to repair any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove 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 such Alterations and/or Tenant’s Personal Propertyreason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such failure continues after 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 LeaseLease for any reason, Tenant will return to Landlord may retain such property the Premises licensed by the State of Oregon and by any and all rights 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 Tenant with respect licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to it shall cease, or Landlord may place all or any portion the physical attributes 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 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, together with interest at rules and regulations relating to the Interest Rate from physical attributes of the date of expenditure by Landlord. If improvements on the Premises are not so surrendered at Premises).
19.3 Upon the expiration or earlier termination of this Lease, Tenant shall indemnify enter into an operating transition agreement (the “OTA”) with 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, order to provide for the purposes orderly transition of the 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, shall be construed operating agreements and other agreements that Landlord elects 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 have assigned from 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 addition, the event OTA shall address the transition of surrender of this Lease, Landlord shall have licensing requirements for the option of terminating Facility under all existing subleases or accepting any sublease(s) as a direct lease or leasesapplicable Legal Requirements.
Appears in 1 contract
Samples: Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Surrender. Upon Tenant shall quit and surrender the expiration or earlier termination premises at the end of the Termterm, Tenant shall surrender broom clean, in the Premises to Landlord in good same condition and repairas when received, normal reasonable wear and tear and fire damage by 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 and repainted if damaged, all carpets shampooed and cleaned, all broken, marred additions or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant improvements to the terms 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, required . All improvements made by Tenant to maintain the HVAC system serving premises which are so attached to the Premises)premises that they cannot be removed without injury thereto and which are not removed by the Tenant, 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 shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from expiration of the date of expenditure by Landlordterm. 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 Notwithstanding anything 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 Leasecontrary hereinbefore stipulated, Landlord shall have the option right, on notice to Tenant given at least thirty (30) days prior to the expiration of terminating the term, to have all existing subleases such alterations, additions and improvements, or accepting such of them as Landlord shall designate removed by Tenant, at Tenant's cost and expense, provided that Tenant shall have no responsibility upon termination of this Lease to remove perimeter and location markings. Tenant, upon removal of any sublease(salterations, 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 lien shall be bonded or discharged by Tenant within thirty (30) as a direct lease or leasesdays thereafter, at Tenant's expense.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements, Permitted Alterations and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from Permitted Alterations and approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the expiration or termination of this Lease, Landlord may retain such Tenant shall remove all from the Premises all of Tenant’s personal property and any Trade Fixtures and all rights Alterations and Permitted Alterations that Landlord 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 Tenant with respect 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 it shall cease, retain or Landlord may place dispose of 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 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 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 the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify 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 its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located 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 Section 15.1 shall it be construed, to include items of neglected survive the expiration 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 termination 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 1 contract
Samples: Lease Agreement (Yelp! Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting 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 and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washedreplaced, the HVAC, plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all Tenant’s personal property and all of Tenant’s alterations required to be removed pursuant to Paragraph 11Section 6.E, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Propertypersonal 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 alterations and Tenant’s Personal Property 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 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 1 contract
Surrender. 6.3.1 Upon the expiration or earlier termination of the TermLease as to the Temporary Premises, Tenant shall will surrender the Temporary Premises to Landlord broom clean, together with all keys, in good condition and repair, normal reasonable wear and tear excepted.
6.3.2 All articles of personal property and fire all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or other casualty excepted, with all interior walls repaired installed by Tenant in the Temporary Premises shall be and repainted if damaged, all carpets shampooed remain the property of Tenant and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired may be removed by a reputable and licensed service firm (if Tenant is at any time, pursuant to time during the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Temporary Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalTerm. If Tenant fails shall fail to remove all of its effects from the Temporary Premises upon termination the this Lease as to the Temporary Premises for any such Alterations and/or Tenant’s Personal Propertycause 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 failure continues after the termination of this Leaseevent, Tenant agrees to pay Landlord may retain such property upon demand any and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of reasonable expenses incurred in 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 and its Agents against all loss or liabilityremoval, including court costs and attorneys’ fees and costsstorage charges on such effects for any length of time that the same shall be in Landlord’s possession. Landlord may, resulting from delay by Tenant in so surrendering at its option, but with prior written notice to Tenant, sell said effects, or any of the Premises. Normal wear same, at private sale and tearwithout legal process, for such price as Landlord may obtain and apply the purposes proceeds of such sale upon any amounts due under this LeaseLease 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 construed 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 mean wear and tear caused its condition immediately prior to the Premisesalteration or improvement. Specifically, due Tenant shall be 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 the expected Sublease, and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards that Tenant shall not be responsible 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 leasesremoving same.
Appears in 1 contract
Samples: Office Lease (Hansen Medical Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in good the condition in which the Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required hereby and repair, normal except for ordinary wear and tear and fire or other casualty excepted, except for the limitations set forth in the Section 2.5(a) with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant respect to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlordroof replacement. Tenant shall remove from the Premises any on or prior to such expiration or termination all property situated thereon which is not owned by Landlord; all Tenant Improvements and Alterations that Landlord has required to be removed pursuant to Paragraph 11, in accordance with Section 3.4(a) hereof and all of Tenant’s Personal Property, Property (collectively the “Removal Items”) and shall repair any damage and perform any restoration work caused by such removal. If Property not so removed shall (only at Landlord’s option) become the property of Landlord, and Landlord may cause such property to be removed 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 the contrary, Tenant fails shall not be required to remove at the expiration or earlier termination of this Lease any such of the Building Improvements or Alterations and/or 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 the 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 Personal Propertysole cost. Tenant shall repair any damage to the roof, walls or floor resulting from the removal of the Removal Items and such 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 continues after to remove the Removal Items as herein required shall survive the expiration or sooner termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall 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 1 contract
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 Landlord remove as expressly set forth in good Paragraph 22.4 above) in the condition and repairreceived, less any normal wear and tear tear, free of trash and fire 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 other casualty exceptedProject shall be removed and the surfaces repaired, with including restoration of the signage mounting surfaces to their pre-existing condition; all interior walls repaired and repainted if damagedsign circuits, all carpets shampooed and cleanedelectrical circuits, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting fixtures shall be in good order operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and repairall doors, including replacement of any burned out or broken light bulbs or ballastswindows, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)locks, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant hardware shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after in operable condition upon the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall 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 Xxxxxx'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 Xxxxxx. 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 Xxxxxxxx's retention or disposition of any such Alterations or Tenant's Personal Property. Tenant will be liable to Landlord for Landlord's costs of removal for storing, removing (including related restoration work), or disposing of any such Alterations and (that were required to be removed by Landlord under this Lease) or 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 LandlordProperty. If Xxxxxx fails to surrender the Premises are not so surrendered at to Landlord on the Expiration Date (or earlier termination of the Term) in the condition required by this LeaseParagraph 23.1, Tenant shall indemnify indemnify, defend, and hold harmless the Landlord from and its Agents against all loss or liabilitythird party liabilities, including damages, losses, costs, expenses, attorneys’ ' fees and costs, and claims resulting from delay by Tenant in so surrendering the Premises. Normal wear and tearsuch failure, including without limitation any claim 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, damages made 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 leasessucceeding tenant.
Appears in 1 contract
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 the TermTenant's right of possession, Tenant shall surrender the Premises to Landlord in good condition and repaircondition, normal broom clean, ordinary wear and tear and fire or other casualty loss and condemnation covered by Sections 15 and 16 excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair. All Tenant-Made Alterations, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if initial Tenant is at any time, pursuant Improvements to the terms Premises, shall, at Landlord’s option, remain upon the Premises and be surrendered without disturbance, molestation or damage. Should Landlord elect that any Tenant-Made Alterations be removed upon expiration or termination of this the Lease, required Tenant hereby agrees to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required cause same to be removed pursuant to Paragraph 11at Tenant’s sole cost and expense. 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 all disposed of by Landlord at Tenant’s Personal Property's expense, and repair Tenant waives all claims against Landlord for any damage damages resulting from Landlord's retention and perform any restoration work caused by disposition of such removalproperty. If All obligations of Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after hereunder not fully performed as of the termination of this Leasethe Lease Term shall survive the expiration or termination of the Lease Term, Landlord may retain such property and all rights of Tenant including without limitation, indemnity obligations, payment obligations with respect to it shall ceaseOperating Expenses and obligations concerning the condition and repair of the Premises. Notwithstanding the foregoing, or Tenant, upon submitting its request to Landlord may place to make any Tenant-Made Alterations, including all or any portion of such property in public storage the initial Tenant Improvements pursuant to Exhibit C hereto, shall have the right to request therein that Landlord specify whether and to what extent Landlord will require Tenant to remove the Tenant-Made Alterations, for Tenant’s accountwhich consent is being sought, at or prior to the end of the Lease Term. If Tenant shall fail to request such information in its request to make any Tenant-Made Alterations, then all such Tenant-Made Alterations shall thereafter be liable subject to Landlord for costs the exercise of Landlord's rights to require removal of any such Tenant-Made Alterations. If Tenant submits its request for such information in accordance with the foregoing provisions and Landlord consents to the Tenant-Made Alterations and Tenant’s Personal Property and storage and transportation costs of samerequested, and the cost of repairing and restoring the PremisesLandlord shall, together with interest its consent, specify in writing whether and to what extent it will require Tenant to remove the Tenant-Made Alterations in question at or prior to the Interest Rate from end of the date of expenditure by Landlord. If the Premises are not Lease Term, and if Landlord fails so surrendered at the termination of this Leaseto specify, 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 have no further obligation to remove the Premises. Normal wear and tear, for Tenant-Made Alterations which were the purposes subject 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's request.
Appears in 1 contract
Samples: Lease Agreement (Systemax Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire any changes resulting from approved Alterations, and Tenant shall have no obligation to remove Alterations or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant Minor Alterations to the terms Premises except to extent specifically provided in this Lease; provided, however, that prior to the expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. 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 Alterations required to be removed pursuant to Paragraph 11, Trade Fixtures and all Tenant’s Personal PropertyAlterations 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 and perform any restoration work caused by such removal. If , provided, however, that Tenant fails shall not be required to remove any such 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 such property and all rights or dispose 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 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 no event shall Tenant be required to remove the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases Tenant Improvements or accepting any sublease(s) Alterations except as a direct lease or leasesprovided in Section 6.1 above.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Sublease for any reason, Tenant Subtenant shall surrender the Premises to Landlord Sublandlord in good its condition and repairexisting as of the Commencement Date (including Building standard Tenant Improvements even if not completed as of the Commencement Date), normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of LandlordSublandlord. Tenant Subtenant shall remove from the Premises any Alterations all Subtenant’s personal property and all of Subtenant’s alterations required to be removed pursuant to Paragraph 11Sections 5D and 5E (but not the Initial Tenant Improvements), and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant Subtenant fails to remove any such Alterations alterations and/or TenantSubtenant’s Personal Propertypersonal 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 alterations and TenantSubtenant’s Personal Property 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 and its Agents Sublandlord against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant Subtenant 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 1 contract
Samples: Sublease Agreement (ShoreTel Inc)
Surrender. Upon On the expiration Expiration Date or earlier upon the sooner termination of the Termthis Lease or upon any re-entry by Landlord, Tenant shall surrender shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair, normal wear and ordinary wear, tear and damage by fire or other insured casualty excepted, together with all interior walls repaired Existing Improvements and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting Alterations (except as otherwise provided for in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall shall, at its expense, remove from the Building (a) all of Tenant's Property, (b) any internal staircases, vaults, safes, raised computer floors, computer installations, kitchens, libraries, file rooms, conveyors, dumbwaiters, specially finishes and private bathrooms and any other unusual improvements and restore the Premises to their condition prior to the making of such improvements and (c) any Alterations required to be removed pursuant to Paragraph 11personal property of Tenant or persons claiming through or under Tenant, and shall repair or pay the cost of repairing all Tenant’s Personal Property, damage to the Premises and repair any damage and perform any restoration work caused the Building occasioned by such removal. If Tenant fails to remove any such Alterations and/or Any Tenant’s Personal Property, and such failure continues 's Property or other personal property which shall remain in the Premises after the Expiration Date or after the termination of this LeaseLease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such property sale and all rights apply the same, at its option, against the expeises of Tenant with respect the sale, moving and storage, arrears of rent and any damages to it shall cease, or which Landlord may place all be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or any portion disposing of such property in public storage for Tenant’s account. Tenant shall be liable reimbursed 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 and its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premisesas Additional Rent on demand. Normal wear and tear, for the purposes The obligations 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 Tenant under this Lease. It is not intended, nor SECTION 21.01 shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term sooner termination 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 1 contract
Samples: Lease Agreement (Magnetek Inc)
Surrender. Upon the expiration or earlier termination of the Term‐ Tenant will, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the upon termination of this Lease, Landlord may retain 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 receipts provided by Tenant’s account. 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, Tenant shall indemnify deliver all keys thereto to the Landlord and its Agents against all loss or liability, Agent managing the premises within twenty-‐four (24) hours after vacating. Failure to comply will be cause to charge Tenant for changing locks.
d. Tenant will be responsible for any damages to walls or woodwork including attorneys’ fees and costs, but not limited to those resulting from delay the use of picture hooks, cup hooks, nails, or screws and said Tenant 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 the Premisesand shall, at Landlord's option, become Landlord's property and Landlord may dispose of it without liability. 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 Any of the Premisesabove items not completed by Tenant will be completed by Landlord, 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 Tenant will 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 leasescharged accordingly.
Appears in 1 contract
Samples: Lease Agreement
Surrender. Upon the expiration or earlier termination of the Termthis Lease --------- for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant's trade fixtures, furniture, moveable equipment and other personal property, and any Alterations required which Landlord elects to be removed pursuant to Paragraph 11Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe 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 have, at Landlord's election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, personal property. If Landlord may retain 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 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 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 1 contract
Samples: Lease (Ydi Wireless Inc)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Lease Tenant shall remove from (i) all telephone and other cabling installed in the Premises any Alterations required to be removed pursuant to Paragraph 11Building by Tenant, and (ii) all Tenant’s Personal Propertypersonal 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 and perform any restoration work caused to the Premises or the Property by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe 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 failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property 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 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 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 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 shall indemnify Landlord and its Agents against all loss whether or liability, including attorneys’ fees and costs, resulting from delay not the keys are retained by Tenant in so surrendering the PremisesLandlord. 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 Section shall it be construed, to include items of neglected survive the expiration 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 termination 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 1 contract
Samples: Sublease (LendingClub Corp)
Surrender. Upon On the expiration or earlier termination Expiration Date, Tenant’s right to possession and use of the TermLeased Premises shall terminate. On or before the Expiration Date, Tenant shall vacate and surrender possession of the Leased Premises and the fixtures and equipment owned by Landlord and located within the Leased Premises as of the Commencement Date in the Surrender Condition described in Exhibit B to this Lease. Landlord and Tenant shall conduct a joint inspection of the Leased Premises not later than forty-eight (48) hours after Tenant has vacated and surrendered possession of the Leased Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from any improvements hereafter installed by Tenant prior to Tenant’s surrender to Landlord of the Premises any Alterations 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 be removed pursuant to Paragraph 11, restore or remove any portion of Landlord’s Work as set forth in Exhibit E. Tenant shall repair and all restore any damage caused by its removal of Tenant’s Personal Propertypersonal property as well as any portion of the furniture, fixtures and repair equipment or improvements which it removes at Landlord’s direction, such that the Leased Premises are left in readily usable condition. Tenant shall obtain Landlord’s prior written approval for any damage and perform removal that affects the Building’s structure or mechanical systems. In no event shall Tenant remove any restoration work caused by such removallighting. If Tenant fails has not timely vacated and returned the Leased Premises to remove any such 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 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 accountproperty 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 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 enforcing Tenant’s obligations under this LeaseSection 2.02. It is All rights and remedies of Landlord hereunder shall be cumulative and not intended, nor shall it be construed, mutually exclusive of one another. The rights and remedies herein provided are in addition 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 rights and keep the Premises at all times remedies Landlord may enjoy under law and 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 leasesequity.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall repair any damage to and restore the Termcondition 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 such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and security codes, to Landlord broom clean, in as good a condition as when received, and repairin the condition described on Exhibit H attached hereto, normal ordinary wear and tear and damage by fire or other casualty excepted. Conditions existing because of Tenant's failure to perform maintenance, with all interior walls repaired repairs or replacements shall not be deemed "reasonable wear and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removaltear”. If Tenant fails to remove any such Alterations and/or of Tenant’s Personal 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 such property and deem all rights or any part 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 any portion dispose of such property in public storage for Tenant’s account. Tenant shall be liable to Property in any 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 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 leasesdeems appropriate.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
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 xxxx 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 the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify surrender to Landlord all keys to the Leased Premises and its Agents against all loss or liabilityshall inform Landlord of the combination of any vaults, including attorneys’ fees locks and costs, resulting from delay by Tenant in so surrendering safes left on the Leased Premises. Normal wear and tear, for The obligations of Tenant under this Article 15.2 shall survive the purposes expiration or earlier termination of this Lease, . Tenant shall be construed give written notice to mean wear and tear caused Landlord at least thirty (30) days prior to vacating the Premises, due to Leased Premises for the expected and permitted use express purpose of arranging a meeting with Landlord for a joint inspection of the Leased 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 Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of this Lease, Landlord the Leased Premises shall have the option be conclusively deemed correct for purposes of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesdetermining Tenant’s liability for repairs and restoration hereunder.
Appears in 1 contract
Surrender. Upon On the expiration of the Term or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify at Tenant's own cost, (a) promptly and peaceably surrender the Leased Premises to Landlord "broom clean," in good order and its Agents against 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 or liabilityholes and other marks in the floors, including attorneys’ fees walls and costsceilings of the Leased Premises, resulting from delay by Tenant in so and, (d) deliver all keys to the Leased Premises to Landlord. Before surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Leased Premises, due to 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 expected and permitted use Leased Premises as the property of Landlord without compensation, however, Tenant shall not remove any personal property or trade fixtures from the Leased Premises without Landlord's prior written consent if such removal will impair the structure of the Premises, by a natural aging process which occurs Building or Tenant is in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations default under this Lease. It If Tenant 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 default under this Lease, Landlord shall take a lien on such personnel property, trade fixtures and other property as set forth in Section 38-3-1, et seq, of the Utah Code Ann. (or any replacement prxxxsion). 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 connection with the option disposition of terminating all existing subleases 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 accepting of the rent or by any sublease(s) other reasons without Landlord's written acknowledgment of such acceptance as a direct lease or leasessurrender. 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
Samples: Lease Agreement (Wordcruncher Internet Technologies)
Surrender. Upon the expiration or earlier termination of the TermTenant will, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the upon termination of this Lease, Landlord may retain 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 Xxxxxx. 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, Xxxxxx shall deliver all keys thereto to the Landlord or Agent managing the premises within twenty-four (24) hours after vacating. Failure to comply will be cause to charge Tenant shall indemnify Landlord and its Agents 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 Xxxxxx agrees to repair all holes and damage made in walls and woodwork, etc. at his expense. Tenant will return all floors cleaned and waxed and in the same condition as received. Tenant is responsible for any damage to the floors due to water stains.
e. If premises were delivered at beginning of tenancy with windows washed at expense of Landlord, premises shall be returned in same clean condition at end of tenancy.
f. Any property which is left on the premises at the end of tenancy shall be considered to be abandoned by Tenant in so surrendering the Premisesand shall, at Landlord's option, become Landlord’s property and Landlord may dispose of it without liability. 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 Any of the Premisesabove items not completed by Tenant will be completed by Landlord, 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 Xxxxxx will 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 leasescharged accordingly.
Appears in 1 contract
Samples: Lease Agreement
Surrender. Upon Tenant further agrees on Expiration Date, or on the expiration or earlier sooner termination of the Termthis Lease, Tenant shall to surrender the Premises to Landlord in good condition and repair, reasonable wear and tear and damage by casualty excepted. "Good condition" shall mean that the interior walls, floors, suspended ceilings, and carpeting within the Premises, will be cleaned to the same condition as existed at the commencement of the Lease, normal wear and tear excepted. Tenant agrees, at its sole cost, to remove all phone and fire data cabling from the suspended ceiling and repair or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical replace broken ceiling tiles replaced with matching tiles, all interior sides and relevel the ceiling if required as a result of windows washed, Tenant's cabling or the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out removal thereof. Tenant on or broken light bulbs before the Expiration Date or ballasts, within sixty (60) days after the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms sooner termination of this LeaseLease (provided that Tenant shall not have such additional sixty (60) day period if the early termination of this Lease was the result of Tenant's default), required to maintain the HVAC system serving shall remove all its personal property and trade fixtures from the Premises), and all floors cleaned, all property and fixtures not so removed shall be deemed to be abandoned by Tenant. With respect to any Alterations that Tenant desires to make to the reasonable satisfaction Premises, Tenant may make a written request of LandlordLandlord as to whether or not Tenant shall be required to remove such Alterations upon the expiration or within sixty (60) days of the sooner termination of the Lease. Landlord shall promptly upon receipt of such a written request notify Tenant as to whether or not Tenant shall be required to remove such Alterations upon the expiration or sooner termination of the Lease. If Landlord so notifies Tenant that such Alterations must be removed, or if Tenant has made no such written request as to any Alterations, then Landlord may require their removal upon the expiration or sooner termination of the Lease and Tenant shall remove from such Alterations as Landlord may require and shall repair and restore said Premises or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. Such repair and restoration shall include causing the Premises any Alterations required to be removed pursuant to Paragraph 11, brought into compliance with all applicable building codes and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property laws 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 effect at the Interest Rate from time of the date of expenditure removal to extent such compliance is necessitated by Landlordthe repair and restoration work. If the Premises are not so surrendered at the Expiration Date or sooner termination of this LeaseLease In the condition required by this paragraph, Tenant shall indemnify indemnify, defend, and hold harmless Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the Premises. Normal wear and tearPremises including, for the purposes of this Leasewithout limitation, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the Premises, any claims made 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 leasessucceeding tenant founded on such delay.
Appears in 1 contract
Samples: Lease Agreement (Therma Wave Inc)
Surrender. Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time, or otherwise, or upon the Termtermination of Tenant’s right to possession of the Premises, Tenant shall will at once surrender and deliver up the Premises Premises, to Landlord in good and broom-clean condition and repair, normal reasonable wear and tear and loss by fire or other casualty excepted. All Tenant Additions will, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred following the expiration or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, remain in the Premises as Landlord’s property unless Landlord may retain such property and all rights of directs Tenant with respect to it shall cease, or Landlord may place remove all or any portion of same whereupon Tenant agrees that it shall, at its expense, remove such Tenant Additions (or portion thereof directed by Landlord). Provided Tenant is not in default, it will remove its Trade Fixtures, inventory, and other personal property upon the expiration of the Term. If Tenant is in public storage default, it shall remove its Trade Fixtures only if specifically directed to do so in writing by Landlord. Tenant shall repair any damage to the Premises caused by the removal of such Tenant Additions, Trade Fixtures, or other items. In no event will any fire sprinklers, fire suppression equipment, HVAC System components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered “Trade Fixtures” or be removed unless directed by Landlord to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages. Provided, however, no such agreement by any such lessor, or Landlord’s failure to obtain such an agreement, shall relieve Tenant of its obligations hereunder including without limitation, Tenant’s accountobligation to repair said damage even if the damage is caused by said lessor or its contractors or agents. Tenant shall remove all Hazardous Materials. Any Trade Fixtures or Tenant Additions not removed by Tenant as required herein shall be deemed abandoned and may be stored, removed and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention or disposal of same. Moreover, any period following the termination or expiration of this Lease during which there is Hazardous Material, Tenant Alterations or Trade Fixtures which are not removed as herein required shall be considered a holdover by Tenant and, in addition to all other remedies available to Landlord hereunder, shall obligate Tenant to the increased rental payments pursuant to Section 27.2. Tenant shall be liable entitled to Landlord no payment or offset for costs of removal the value 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 property (even if sold by Landlord) and shall pay on demand all costs incurred by Landlord in connection with such removal or disposal. If the Premises are No retention, disposal or sale or such items shall limit remedies otherwise available to Landlord hereunder for a breach by Tenant. All obligations of Tenant hereunder not so surrendered at fully performed as of 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 expiration 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 Lease shall it be construed, to include items of neglected survive such termination 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 leasesexpiration.
Appears in 1 contract
Samples: Standard Industrial Lease (Wornick CO Right Away Division, L.P.)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation, any changes resulting from approved Alterations and fire or other casualty exceptedLandlord’s express obligations hereunder; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this LeaseLease Tenant shall, required to maintain at Landlord’s request, remove all telephone and other cabling installed in the HVAC system serving the Premises), Building by Tenant and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertypersonal property and any Trade Fixtures and, subject to Section 6.1 — Tenant Improvements & Alterations, all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe 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 failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property 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 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 the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify 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 its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located 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 Section shall it be construed, to include items of neglected survive the expiration 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 termination 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 1 contract
Samples: Lease Agreement (Inpixon)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall peaceably leave and surrender the Premises to Landlord broom clean and free of debris and otherwise in good the condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, in which the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired Premises are required to be maintained by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required reasonable wear and tear and damage by casualty which Tenant is not obligated to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlordrestore under this Lease excepted. 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 any on or prior to expiration or earlier termination of this Lease (i) all furnishings, fixtures and equipment situated thereon, (ii) those Alterations that Tenant is required to be removed remove pursuant to Paragraph 11Section 3.3 hereof, and (iii) those items of personalty that Tenant brings into the 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 xxxx of sale without further payment or credit by Landlord to Tenant’s Personal Property. In addition, and Tenant shall, at its expense, on or prior to such expiration or earlier termination of this Lease, repair any damage and perform any restoration work caused by such removal. If Tenant fails Any property not so removed that Landlord requires to remove any such Alterations be removed, may be removed by Landlord and stored and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, retained or sold by Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion the costs 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 removal, storage and transportation costs of same, and disposition as well as the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure any damage caused 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 Leasesuch removal, 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.be
Appears in 1 contract
Samples: Lease Agreement (AntriaBio, Inc.)
Surrender. Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon termination of Tenant’s right to possession of the TermLeased Premises, Tenant shall will at once surrender and deliver up the Premises Leased Premises, together with all improvements thereon, to Landlord Landlord, broom swept, in good condition and repair, normal 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 fire or other casualty exceptedtear”. Tenant shall deliver to Agent all keys to all doors therein. As used herein, with all interior walls repaired and repainted if damagedthe term “Improvements” shall include, without limitation, all carpets shampooed plumbing, lighting, electrical, heating, cooling and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing ventilating fixtures and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)equipment, and all floors cleanedAlterations (as said term is defined in Section 9.2 hereof) whether or not permitted under Section 9.4. All Alterations, all 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 reasonable satisfaction making of Landlordsuch Alterations, repairing any damage occasioned by such removal and restoration. Said right shall be exercised by Landlord giving written notice thereof to Tenant shall remove from the Premises on or before ninety (90) days after such termination. If Landlord requires removal of any Alterations required to be removed pursuant to Paragraph 11and Tenant does not make such removal in accordance with this Section at the time of such termination, and all Tenant’s Personal Propertyor within ten (10) days after such request, whichever is later, Landlord may remove the same (and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Propertyoccasioned thereby), and such failure continues after dispose thereof or, at its election, deliver the termination same to any other place of this Lease, Landlord may retain such property and all rights business 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 accountwarehouse the same. Tenant shall be liable pay the costs of such removal, repair, delivery and warehousing 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 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 leaseson demand.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Sublease for any reason, Tenant Subtenant shall surrender the Premises to Landlord Sublandlord in good its condition and repairexisting 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 shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant Subtenant shall remove from the Premises any Alterations all Subtenant's personal property and all of Subtenant's alterations required to be removed pursuant to Paragraph 11Sections 5D and 5E (but not the Initial Tenant Improvements), and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant Subtenant fails to remove any such Alterations alterations and/or Tenant’s Personal PropertySubtenant'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 alterations and Tenant’s Personal Property 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 and its Agents Sublandlord against all loss or liability, including attorneys’ ' fees and costs, resulting from delay by Tenant Subtenant 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 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease --------- for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the commencement date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all of Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Paragraph 11Section 5.E, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations 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 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 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 1 contract
Samples: Lease (Numerical Technologies Inc)
Surrender. Upon On the expiration Term Expiration Date (or earlier termination of the Termthis Lease), Tenant shall quit and surrender possession of the Premises to Landlord in as good order and condition as they were in on the Term Commencement Date, reasonable wear and repairtear, normal taking by condemnation and repairs which are Landxxxx'x xesponsibility 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 fire or other casualty exceptedarticles of personal property owned by Tenant in the Premises, and shall repair any damage to the Premises resulting from such removal and restore the Premises to their original condition, with all interior walls repaired and cleaned, all interior painted surfaces repainted if damagedin the original color, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting HVAC equipment in good order condition and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced repair reasonable wear and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)tear excepted, and all floors cleanedcleaned and waxed. Any furniture, all to equipment, trade fixtures or other personal property not removed by Tenant by the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may retain such property and remove any or all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property items and dispose of same in any lawful manner or store same in a public storage warehouse or elsewhere for the account and at the expense and risk of 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 and Tenant’s Personal Property and storage and transportation costs of samealterations which Tenant is required to remove hereunder, and the cost of repairing and restoring the Premisesany other reasonable loss, together with interest at the Interest Rate cost, damage, liability or expense incurred by Landlord arising from the date of expenditure by Landlord. If Tenant's 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 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 1 contract
Surrender. Upon of At the expiration or earlier termination end of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination term of this Lease, Tenant shall indemnify Landlord Leased Space surrender the Leased space to Landlord, together with all alterations, additions and its Agents against all loss or liabilityimprovements thereto, including attorneys’ fees in broom clean condition and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear good order and tear, repair except for the purposes of this Lease, shall be construed to mean ordinary wear and tear caused and damage for which Tenant is not obligated 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 make repairs under this Lease. It Subject to Paragraph 9 hereof and if Tenant 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 then in default under any of the Leaseterms hereof, 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 Tenant shall have the option right at the end of terminating 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 existing subleases 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 at the end of the term hereof, without notice of any kind, and Tenant waives all right to any such notice as may be provided under any laws now or accepting hereafter in effect in Pennsylvania. If Tenant shall fail to remove any sublease(s) 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 a direct lease or leasesis commercially reasonable, with any proceeds thereof to be first applied to the costs and expenses, including attorney's fees, of the storage and sale and the payment of any amounts owed hereunder by the Tenant.
Appears in 1 contract
Samples: Lease (Antares Pharma Inc /Mn/)
Surrender. Upon Section 23.01 Surrender On the expiration last day or earlier sooner termination of the TermLease, Tenant shall quit and surrender the Premises to Landlord Demised Premises, broom-clean, in good condition and repair, normal together with all alterations, additions and improvements which may have been made in, on, or to the Demised Premises, except movable furniture or unattached movable trade fixtures put in at the sole expense of the Tenant (provided Tenant has not been in default under this Lease) provided, however, that Tenant shall ascertain from Landlord at least thirty (30) days before the end of the Term whether Landlord desires to have the Demised Premises, or any part thereof, restored to the condition in which it was originally delivered to Tenant, and if Landlord shall so desire, then Tenant, at its own cost and expense, shall restore the same before the end of the Term. The condition of the building shall not be subject, to reasonable wear and tear tear. Tenant shall not be excused from making all repairs and fire or other casualty exceptedreplacement which Tenant is required to make during the Term so that when the building is redelivered to the Landlord upon surrender, with all interior walls repaired it shall be in good condition and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides repair. Tenant agrees upon termination of windows washedthe lease, the air-conditioning, cooling systems, heating equipment and plumbing and electrical systems shall be in good, operable condition, the floors shall be cleaned and lighting in good order and repairresealed, including replacement of any burned out or broken all light bulbs or ballastsworking, office area painted, rugs cleaned, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms roof shall be free of this Lease, required to maintain the HVAC system serving the Premises)leaks, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant mechanical systems shall be liable to Landlord in good operable condition. The condition of the building and premises shall be in such a condition upon surrender as though the premises were used exclusively for costs of removal of any such Alterations warehousing and Tenant’s Personal Property and storage and transportation costs of sameoffices, and the Tenant made all repairs, replacements as were necessary during the term of the Lease so that after surrender, the building and premises are in a first-class condition and ready to be re-rented without additional work, cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by or expense to Landlord. If the Demised Premises are is not so surrendered at the termination of this Leaseas and when aforesaid, Tenant shall indemnify Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding occupant founded on such delay. 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 's obligations under this LeaseSection shall survive the expiration or sooner termination of the lease. It is not intendedIn the event Tenant remains in possession of the Demised Premises after the expiration of the Term without the execution of a new lease, nor shall it be construedor fails to conclude negotiations, started prior to include items the expiration of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant of a new lease with Landlord for an extended term, within ninety (90) days of the expiration of the Term of this Lease, or in the event Tenant fails to finalize compliance with the Department of Environmental Protection regarding the Environmental Cleanup Responsibility Act or any other law then or now applicable to the tenancy of Tenant’s express obligations hereunder, if then Tenant, at the best standards had been applied option of the Landlord, shall be deemed to properly maintain be occupying the Demised Premises as a tenant from month-to-month, at a monthly rental equal to three (3) times the sum of (i) the Basic Rent payable for the last month of the Term under Article 3 hereof plus, (ii) one twelfth (1/12th) of all items of Additional Rent, such as, but not limited to, taxes, insurance payable or paid during the last lease year. Tenant shall prior to the termination date of this Lease, shall comply with all environmental provisions of Article 8. This clause shall survive the expiration of this Lease. If Tenant shall fail to comply with the foregoing, before the expiration or earlier termination date of the Lease, then Tenant's obligation to pay rent and keep additional rent shall continue until such date as Tenant shall comply with the Premises at all times foregoing, such rent to be computed as though Tenant was a "holdover Tenant" as otherwise set forth in good condition and repairthe preceding paragraph. In the event Tenant requires an additional term for ECRA compliance, Tenant will pay the market rent of surrender the Demised Premises but in no event shall the monthly rental be less than the last months rent of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leaseslease.
Appears in 1 contract
Samples: Lease (Viewcast Com Inc)
Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Alterations to Landlord broom clean and in their condition as of the Commencement Date, except for normal wear and tear, damage from casualty or condemnation and 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 Tenant, all of Tenant’s personal property, furniture, decorations, interior or exterior signs, and Trade Fixtures, and all Alterations that Landlord timely elects in accordance with this Lease to require Tenant to remove; and (ii) shall repair any damage to the Premises, the Building, Common Areas and perform any restoration work caused or occasioned by Tenant’s compliance with this Section. Tenant shall 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, Tenant Landlord shall surrender have the Premises right (but no obligation) to Landlord in good condition and repair, normal wear and tear and fire cause such removal or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required repair to be removed pursuant performed and to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused or occasioned by such removal. If Tenant fails to remove any such Alterations and/or shall pay Landlord on demand for all costs of removal, repair and restoration, for storage of Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights for the rental value of Tenant with respect the Premises for the period from the end of the Term through the end of the time reasonably required for such removal, repair and restoration. Landlord shall also have the right to it shall cease, retain or Landlord may place dispose of 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 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 Tenant’s accountproperty. 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 Upon expiration or earlier termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify 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 its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located in so surrendering the Premises. Normal The term “normal wear and tear, ,” for the purposes of this Leaseprovision, shall be construed to mean wear and tear caused to the Premises, due to Premises by the expected and permitted use of the Premises, by a natural aging process which that occurs in spite of prudent application of the best good standards for maintenance, repair maintenance and janitorial practices to the extent the same are Tenant’s obligations under this Lease. It repair; and 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, Lease if the best good standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In Tenant’s obligations under this Section shall survive the event of surrender expiration or earlier termination 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 1 contract
Samples: Lease Agreement (Verigy Ltd.)
Surrender. Upon Subtenant shall, on the expiration or earlier termination of this Sublease, remove Subtenant’s Improvements, Subtenant’s Alterations and all of Subtenant’s trade fixtures, equipment and personal property (including any cabling and conduit installed by Subtenant under Section 10.10 of the TermPrime Lease, Tenant shall any security system installed by Subtenant under Section 10.12 of the Prime Lease, and any Telecommunications Equipment installed by Subtenant under Section 26.23 of the Prime Lease) as and to the extent required under the terms of the Prime Lease, repair any damage caused by such removal as and to the extent required under the terms of the Prime Lease, and surrender the Premises to Sublandlord in the condition required by the Prime Lease, including Sections 5.3 and 18.1 of the Prime Lease. Subtenant shall be responsible, at its expense, for (i) the removal of Subtenant’s Improvements and Subtenant’s Alterations, trade fixtures, equipment and personal property and any repair or restoration required under the Prime Lease in connection with such removal, and (ii) the repair of any damage caused by Subtenant, its contractors, employees, invitees or agents during the Term as required under the terms of the Prime Lease. If Subtenant fails or refuses to perform its obligations under this Section 11, the Prime Landlord or Sublandlord may, following notice to Subtenant, cause the same to be performed, in good condition which event the Subtenant shall reimburse the party who caused Subtenant’s obligations to be performed the cost of such removal, restoration and repair, normal wear together with any and tear all damages which the Prime Landlord or Sublandlord may suffer as a result of Subtenant’s refusal or failure to perform its obligations under this Section 11. For avoidance of doubt, and fire or notwithstanding any other casualty exceptedprovision of this Sublease to the contrary, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement Subtenant shall not be responsible for removal of any burned out alterations or broken light bulbs improvements performed by or ballasts, on behalf of Sublandlord or any restoration required under the HVAC equipment serviced and repaired by Prime Lease in connection with such removal unless Subtenant enters into a reputable and licensed service firm (if Tenant is at any time, pursuant to Direct Lease with the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Prime Landlord. Tenant The obligations of Subtenant as provided in this Section 11 shall remove from survive the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the expiration or termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall 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 leasesSublease.
Appears in 1 contract
Samples: Sublease Agreement (Sunrun Inc.)
Surrender. Upon Subtenant shall, upon the expiration Expiration Date or earlier termination of this Sublease, remove all personal property, furniture, and trade fixtures, provided that removal of the Termsame does not adversely affect the adversely affect the Building structure or any Building operating system, Tenant and that Subtenant repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event Subtenant fails to remove its personal property and equipment as specified in this Section 4.2 by the Expiration Date, all such items remaining on the Subdemised Premises shall surrender be deemed abandoned and Sublandlord may dispose of it as it sees fit, without liability to Subtenant. Sublandlord shall be responsible for the removal of all Alterations as required under the Master Lease, including Alterations installed by Subtenant under the Master Lease prior to the effective date of the Assignment and Assumption. Subtenant shall be responsible for removal of all Alterations installed by Subtenant pursuant to this Sublease. In all other respects, Subtenant shall deliver the Premises to Landlord broom clean, in good its condition and repairas of the Term Commencement Date, normal reasonable wear and tear and fire casualty excepted. In no event shall Subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s). Subtenant shall vacate and deliver possession of the Subdemised Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant's part, and free and clear of all violations thereon placed by any federal, state, municipal or other casualty exceptedagency or authority by reason of Subtenant's failure to fulfill any of its obligations under this Sublease ("Violations"). Subtenant shall indemnify Sublandlord against any and all loss, with expense, damage, costs or attorneys' fees arising out of Violations occurring after the Term Commencement Date. Sublandlord shall indemnify Subtenant against any and all interior walls repaired and repainted if damagedloss, all carpets shampooed and cleanedexpense, all brokendamage, marred costs or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement attorneys' fees arising out of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant Violation occurring prior to the terms Term Commencement Date. The voluntary or other surrender of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused Sublease by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall ceaseSubtenant, or Landlord may place a mutual cancellation thereof, shall not work a merger, but shall, at the option of Sublandlord, either (1) terminate 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 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 subtenancies, or (2) operate as an assignment of Sublandlord of any sublease(s) as a direct lease or leasesall such subleases or subtenancies.
Appears in 1 contract
Samples: Sublease Agreement (Motient Corp)
Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of the Term---------- this Lease, Tenant shall surrender the Premises premises to Landlord in good the same condition and repair, normal as existed on the date Tenant originally took possession thereof (reasonable wear and tear and fire or other casualty damage due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired and repainted if damagedcleaned, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing HVAC equipment in operating order and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required at such time also surrender to be removed pursuant to Landlord such alterations (as defined in Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If 9) as Landlord does not require Tenant fails to remove any such 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 such shall remove all of 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 Alterations and abandoned trade fixtures or equipment of Tenant’s Personal Property and storage and transportation costs , or of sameany alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the premises to its condition as of the date Tenant originally took possession thereof, and the 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 and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering xxx xxemises, 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. Normal wear and tear, for the purposes of this Lease, premises or any part thereof shall be construed surrendered to mean wear and tear caused to the Premises, due to the expected and permitted use Landlord upon expiration or sooner termination 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 leasesLease term.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Alterations required which Landlord elects to be removed pursuant to Paragraph 11Section 5.4, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe 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 have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, personal property. If Landlord may retain 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 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 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 1 contract
Samples: Lease (PortalPlayer, Inc.)
Surrender. Upon 10.1 On the Expiration Date, or upon the earlier termination of the Sublease or of Subtenant’s right to possession of the Premises, Subtenant must at once surrender and deliver up the Premises, together with 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 will not be deemed “reasonable wear and tear.”
10.2 Subtenant shall remove at the expiration or earlier termination of the Term, Tenant shall surrender Term any Subtenant Alterations that Master Landlord requires be removed from the Premises and restore the Premises to the condition existing on the Commencement Date, or such earlier date that the Premises were delivered to Subtenant, and shall repair any and all damage to the Premises resulting from the removal of Subtenant’s Property therefrom and shall remove Subtenant’s articles of personal property and fixtures incident to Subtenant’s business (“Subtenant’s Property”) therefrom. All other Subtenant Alterations in or upon the Premises made by Subtenant will become a part of and will remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant. Subtenant shall repair any damage occasioned by such removal of the Subtenant Alterations or Subtenant’s Property, which obligation will survive termination of this Sublease. If Master Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement requires removal of any burned out Subtenant Alterations, or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)portion thereof, and all floors cleanedSubtenant does not remove such, all to the reasonable satisfaction of Landlord. Tenant shall or Subtenant does not remove Subtenant’s Property from the Premises any Alterations required to be removed pursuant to Paragraph 11on or before the Expiration Date or the earlier termination of this Sublease, and all Tenant’s Personal Property, Sublandlord may remove the same (and repair any damage occasioned thereby), and perform any restoration work caused by dispose thereof, or at its election, remove and/or store the same. Subtenant shall pay the reasonable costs of such removal, repair and/or storage on demand, and/or Sublandlord may treat any Subtenant’s Property as having been conveyed to Sublandlord with this Sublease acting as a xxxx of sale therefor, without further payment or credit by Sublandlord to Subtenant.
10.3 Subtenant will not be required to remove any alterations or improvements made by Sublandlord. If Tenant fails Sublandlord is required under the Master Lease to remove any such Alterations and/or Tenant’s Personal Propertyalterations or improvements, Subtenant must permit Sublandlord to enter the Premises for a reasonable period of time, subject to such conditions as Subtenant may reasonably impose, for the purpose of removing such alterations and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing improvements and restoring the Premises, together with interest at Premises as required by the Interest Rate from Master Lease.
10.4 At the date end 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 Leasethis Sublease, 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 unless Subtenant has entered into a direct lease with Master Landlord covering the Premises to commence immediately following the expiration or leasesearlier termination of the Sublease, Subtenant must 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.
Appears in 1 contract
Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in good the same condition and repair, normal as existed on the 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 fire or other casualty alterations and improvements which Tenant is not required to remove at the termination of this Lease, and damage due to causes beyond the reasonable control of Tenant excepted, ) with all interior walls repaired and cleaned, all interior painted surfaces repainted in the original color, if damagednecessary, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of 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 bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors 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 any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Premises) as Landlord does not require Tenant fails to remove any such 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 such shall remove all of 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 Alterations and abandoned trade fixtures or equipment of Tenant’s Personal Property and storage and transportation costs , or of sameany alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and the 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 and its Agents 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. Normal wear and tear, for All keys to the purposes of this Lease, Premises or any part thereof shall be construed surrendered to mean wear and tear caused to the Premises, due to the expected and permitted use Landlord upon expiration or sooner termination 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 leasesLease term.
Appears in 1 contract
Surrender. Upon On the expiration or earlier termination of the TermExpiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to Landlord remove as expressly set forth above) in good condition a first class and repairclean condition, less any normal wear and tear tear, free of trash and fire 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 other casualty exceptedProject shall be removed and the surfaces repaired, with including restoration of the signage mounting surfaces to their pre-existing condition; all interior walls repaired and repainted if damagedsign circuits, all carpets shampooed and cleanedelectrical circuits, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting fixtures shall be in good order operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and repairall doors, including replacement of any burned out or broken light bulbs or ballastswindows, locks, and hardware shall be in operable condition upon the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms termination 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 additionally, as of the Expiration Date, remove from all of Tenant’s Personal Property and perform all repairs and restoration required by the Premises removal of any Alterations required to be removed pursuant to Paragraph 11, and all or Tenant’s Personal Property, and repair 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 and perform 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 caused by work), or disposing of any such removalAlterations or Tenant’s Personal Property. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after surrender the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable Premises to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and on the cost of repairing and restoring Expiration Date in the Premises, together with interest at the Interest Rate from the date of expenditure condition required 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 its Agents 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 by Tenant in so surrendering the Premises. Normal wear and tear, without limitation any claim 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, damages made 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 leasessucceeding tenant.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time, or otherwise, or upon the Termtermination of Tenant’s right to possession of the Premises, Tenant shall will at once surrender and deliver up the Premises Premises, to Landlord in good and broom-clean condition and repair, normal reasonable wear and tear and loss by fire or other casualty excepted. All Tenant Additions will, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred following the expiration or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, remain in the Premises as Landlord’s property unless Landlord may retain such property and all rights of directs Tenant with respect to it shall cease, or Landlord may place remove all or any portion of same whereupon Tenant agrees that it shall, at its expense, remove such Tenant Additions (or portion thereof directed by Landlord). Provided Tenant is not in default, it will remove its Trade Fixtures, inventory, and other personal property upon the expiration of the Term. If Tenant is in public storage default, it shall remove its Trade Fixtures only if specifically directed to do so in writing by Landlord. Tenant shall repair any damage to the Premises caused by the removal of such Tenant Additions, Trade Fixtures, or other items. In no event will any fire sprinklers, fire suppression equipment, HVAC System components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered “Trade Fixtures” or be removed unless directed by Landlord to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages. Provided, however, no such agreement by any such lessor, or Landlord’s failure to obtain such an agreement, shall relieve Tenant of its obligations hereunder including without limitation, Tenant’s accountobligation to repair said damage even if the damage is caused by said lessor or its contractors or agents. Tenant shall remove all Hazardous Materials. Any Trade Fixtures or Tenant Additions not removed by Tenant as required herein shall be deemed abandoned and may be stored, removed and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention or disposal of same. Moreover, any period following the termination or expiration of this Lease during which there is Hazardous Material, Tenant Alterations or Trade Fixtures which are not removed as herein required shall be considered a holdover by Tenant and, in addition to all other remedies available to Landlord hereunder, shall obligate Tenant to the increased rental payments pursuant to Section 27.2. Tenant shall be liable entitled to Landlord no payment or offset for costs of removal the value 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 property (even if sold by Landlord) and shall pay on demand all costs incurred by Landlord in connection with such removal or disposal. 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.No retention,
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the TermTenant shall, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations upon renewal and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain 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 indemnify Landlord and its Agents against shall:
A. Thoroughly clean the premises including kitchen, baths, all loss or liabilityappliances, including attorneys’ fees and costswindows, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tearmini-blinds, for the purposes of this Leasewalls, shall be construed to mean wear and tear caused to the Premisesfloors (except carpet), 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 repairetc. In the event of surrender failing to have such cleaning done, Xxxxxx will pay the cost of this Leasereimbursing Landlord for having such cleaning done.
B. At the Tenant’s expense, Landlord shall will have the option flooring professionally cleaned and deodorized at the end of terminating 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 xxxxx, 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, Xxxxxx 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 existing subleases or accepting any sublease(strash;
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 a direct lease or leasesdetailed above, the Landlord shall 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 to change the locks and charge the Tenant therefore.
Appears in 1 contract
Samples: Residential Lease
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 the TermTenant’s right of possession, Tenant shall surrender the Premises to Landlord in good the same condition and repairas received, normal broom clean, ordinary wear and tear and fire or other casualty loss and condemnation covered by Paragraphs 15 and 16 excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from give written notice to Landlord of its intention to vacate at least thirty (30) days prior to vacating the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant shall meet 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 a joint inspection 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 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 repairthe time of vacating. In the event of surrender 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 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 the Premises. If Tenant has not fulfilled its obligations with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, Landlord shall have the option right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesholding over and the terms of Paragraph 22 shall apply.
Appears in 1 contract
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this LeaseLease Tenant shall, required to maintain at Landlord’s request, remove all telephone and other cabling installed in the HVAC system serving the Premises), Building by Tenant and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertypersonal property and any Trade Fixtures and all Alterations (other than standard office improvements) that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe 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 failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property 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 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 the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify 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 its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located 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 Section shall it be construed, to include items of neglected survive the expiration 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 termination 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 1 contract
Samples: Lease Agreement (FireEye, Inc.)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord; provided in no event shall Tenant be required to return the Premises in better condition than received (except for the Tenant Improvements and other improvements and alterations made to the Premises by Tenant after the delivery of the Premises to Tenant). Tenant shall remove from the Premises any Alterations and the Enclosure Area all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Paragraph 11Section 5E, and all Tenant’s Personal Property, restore the Premises and repair any damage and perform any restoration work caused by such removalEnclosure Area to its condition prior to their installation. If Tenant fails to remove any such Alterations 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 1 contract
Samples: Lease Agreement (Zilog Inc)
Surrender. Upon the expiration or earlier other termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in good condition vacant and repair, normal wear and tear and fire or other casualty exceptedbroom-clean, with all interior walls repaired improvements and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting Alterations (except as provided below) in good order condition, except for reasonable wear and repairtear, including replacement of any burned out damage from casualty or broken light bulbs or ballastscondemnation; provided, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any timehowever, pursuant that prior to the terms expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Lease Tenant shall remove from the Premises any Alterations that Tenant is required by Landlord to be removed pursuant to remove under the provisions of Paragraph 11, 9.b. of this Lease and all Tenantof Xxxxxx’s Personal Propertypersonal property (including, without limitation, all voice and repair any damage data cabling) and perform any restoration work caused by such removalunattached trade fixtures. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after removal is not completed at the expiration or other termination of this Lease, Landlord may retain such property remove the same at Tenant’s reasonable expense. Notwithstanding the foregoing, in lieu of removing certain cabling, Tenant shall, at Landlord’s request, abandon and all rights leave in place, without additional payment to Tenant or credit against rent, any cabling (including conduit) designated by Landlord and installed in the Premises or elsewhere in the Building by or on behalf of Tenant (including all connections for such cabling), in a neat and safe condition in accordance with the requirements of all applicable Legal Requirements, including the National Electric Code or any successor statute, and terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) or, if Tenant fails to do so, Landlord may do so at Tenant’s reasonable expense. The removal of Alterations from the Premises shall be governed by Paragraph 9.b. above. Any failure by Xxxxxx to timely surrender the Premises as required hereunder shall be deemed a holdover and the provisions of Paragraph 20.b. below shall apply with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s accountholdover. 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 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 paragraph shall it be construed, to include items of neglected survive the expiration 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 other termination of this Lease. Upon expiration or 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (34) termination of this Lease or of Tenant’s possession, Tenant shall surrender all keys to the Premises or any other part of the Building and shall make known to Landlord shall have the option combination of terminating locks on all existing subleases or accepting any sublease(s) as a direct lease or leasessafes, cabinets and vaults that may be located in the Premises.
Appears in 1 contract
Samples: Office Lease (e.l.f. Beauty, Inc.)
Surrender. Upon On the expiration or earlier termination of the TermExpiration 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 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. 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 good the condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired required by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this LeaseParagraph, Tenant shall indemnify indemnify, defend, and hold Landlord harmless from and its Agents 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 by Tenant in so surrendering the Premises. Normal wear and tear, without limitation any claim 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, damages made 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 leasessucceeding tenant.
Appears in 1 contract
Samples: Modified Gross Office Lease (Bridgepoint Education Inc)
Surrender. Upon On or before the expiration or earlier termination of the 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 good the same condition and repairas received or as the same may be altered, normal wear and tear and fire repaired or other casualty excepted, replaced by Tenant in accordance with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)as applicable, ordinary wear and all floors cleanedtear and casualty damage excepted, all to the reasonable satisfaction of Landlord. Alterations made by Tenant shall remove from the Premises any Alterations and not required to be removed pursuant to Paragraph 11in accordance with the terms hereof excepted, and all clean and free of debris and Tenant’s Personal Propertypersonal property, trade fixtures and repair any damage and perform any restoration work caused by such removalequipment. If Tenant fails to remove any such 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 remove any such property from the Premises and all rights store the same elsewhere at the expense and risk of Tenant. Tenant with respect to it shall ceaseshall, or Landlord may place all or any portion of such property in public storage for at Tenant’s account. Tenant shall be liable sole cost and expense, repair any damage to Landlord for costs of the Premises occasioned by the removal of any such Alterations and Tenant’s Personal Property Alterations, trade fixtures, furnishings 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 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 not be construed to mean deemed ordinary 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 if 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 could 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 prevented by 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 leasesmaintenance practices.
Appears in 1 contract
Samples: Lease Agreement (Griffin Capital Net Lease REIT, Inc.)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date this Lease is fully executed, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of 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 bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required all Tenant's personal property and all of Tenant's alterations which Landlord requires Tenant to be removed pursuant to Paragraph 11remove, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Property's personal property, and such failure continues after the termination terxxxxxxon 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 samesxxx, and xnd 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 1 contract
Samples: Lease (Marvell Technology Group LTD)
Surrender. Upon the On expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Demised Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertyimprovements 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 repair shall remove all of its personal property including any damage 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 restoration work caused by such removalimprovements or alterations or personal property, prior to the expiration of the Lease Term. If Tenant fails to remove any such Alterations and/or 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 Personal Property, and expense or otherwise to require Tenant to post security for such failure continues after the termination of this Lease, 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 Alterations and Tenant’s Personal Property and storage and transportation costs of sameimprovements, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlordalterations or personal property. 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 harmless from all damages, loss, cost and its Agents against all loss or liability, expense (including attorneys’ fees and costs, resulting from delay by Tenant fees) arising out of or 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 connection with Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, failure to include items of neglected or deferred maintenance which would have or should have been attended to during surrender 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 leasesDemised Premises.
Appears in 1 contract
Surrender. Upon Section 21.01 On the expiration Expiration Date or earlier upon the sooner termination of this Lease or upon any reentry by Landlord upon the TermPremises, Tenant shall surrender shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repairrepair except for ordinary wear, normal wear and tear and damage by fire or other casualty exceptedinsured casualty, together with all interior walls repaired Improvements and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting Fixtures (except as otherwise provided for in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11Real Property all of Tenant’s Property and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all Tenant’s Personal Property, damage to the Premises and repair any damage and perform any restoration work caused the Real Property occasioned by such removal. If Tenant fails to remove any such Alterations and/or Any Tenant’s Personal Property, and such failure continues property or other personal property which shall remain in the Premises after the termination of this LeaseLease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof shall be sold, Landlord may receive and retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in public storage for removing or disposing of such Tenant’s account. Tenant Property or other personal property shall be liable reimbursed to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and by Tenant as Additional Rent on demand.
Section 21.02 If the cost of repairing and restoring the Premises, together with interest at the Interest Rate from Expiration Date or the date of expenditure by Landlord. sooner termination of this Lease shall fall on a day which is not a business day, then Tenant’s obligations under Section 21.01 shall be performed on or prior to the immediately preceding business day.
Section 21.03 If the Premises are not so surrendered at upon the termination of this Lease, Tenant shall indemnify hereby indemnifies Landlord and its Agents against all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the Premises. Normal wear , including any claims made by any succeeding tenant or prospective tenant founded upon such delay.
Section 21.04 In the event Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of the Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, at a monthly rental equal to three times the Fixed Rent and tearAdditional Rent payable during the last month of the Term, for subject to all of the purposes other terms of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 21.05 Tenant’s obligation under this Article shall survive the termination 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 1 contract
Surrender. Upon the expiration or earlier termination of this Lease, subject to the Termnormal wear and tear of the Premises, Tenant shall repair any damage to and restore the condition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant's Property and shall repair all damage to the Premises, the Building, the Common Area, and the Project caused by the installation or removal of Tenant's Property. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and security codes, to Landlord broom clean, in as good a condition as when received, and repairin the condition described on Exhibit H attached hereto, normal ordinary wear and tear and damage by fire or other casualty excepted. Conditions existing because of Tenant's failure to perform maintenance, with all interior walls repaired repairs or replacements shall not be deemed "reasonable wear and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removaltear”. If Tenant fails to remove any such Alterations and/or of Tenant’s Personal Property, and such failure continues or to restore the Premises to the required condition, within five (5) 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, except for the negligence or willful misconduct of Landlord, its agents or contractors. 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, EXECUTION COPY within 30 days after notice, Landlord may retain such property and deem all rights or any part 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 any portion dispose of such property in public storage for Tenant’s account. Tenant shall be liable to Property in any 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 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 leasesdeems appropriate.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Pfsweb Inc)
Surrender. Upon At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, Xxxxxx 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 Termtenancy created hereunder, Tenant shall surrender 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 Section, “hazardous and/or biohazardous substance” includes any substance or material which because of their quantity, concentration, or physical, chemical, or infectious characteristics may cause or pose a present or potential hazard to human health when improperly handled, treated, stored, transported, disposed of, or otherwise managed. Landlord in good condition and repair, normal wear and tear and fire 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 casualty exceptedalterations, by written notice given to Tenant not later than thirty (30) days before the scheduled Expiration Date hereof. Tenant shall comply with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides the requirements of windows washed, the plumbing and electrical systems and lighting in good order and repairExhibit “C” attached hereto at its sole expense, including replacement without limitation the repair of any burned out damage occasioned by the installation, maintenance or broken light bulbs removal of Tenant’s personal property, furniture, fixtures, equipment, cabling and wiring, as well as any Tenant’s Work, Tenant’s alterations or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant’s Changes that Tenant is at any time, pursuant to the terms of this Lease, hereby required to maintain remove, and the HVAC system serving removal of any generators or storage tanks installed by or for Tenant (whether or not the Premisesinstallation was consented to by Landlord), and all floors cleanedthe removal, replacement, or remediation of any aspect of the Property, including but not limited to the Building, soil, material or ground water contaminated by Tenant’s Permittees, all as may then be required by applicable Laws. At Landlord’s election, Xxxxxxxx shall have the right to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination or all of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall 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 intendedparagraph, nor in which event Tenant 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 Tenantreimburse Landlord’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times costs incurred 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(sconnection therewith within ten (10) as a direct lease or leases.days after demand by Landlord.
Appears in 1 contract
Samples: Lease Agreement
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall peaceably leave and surrender the Leased Premises or Affected Premises, as is applicable, to Landlord in good the same condition and repairin which the Leased Premises or Affected Premises, normal as 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 this Lease, ordinary wear and tear and fire damage from any Casualty or other casualty Condemnation excepted; provided, however, that with all interior walls repaired and repainted respect to any Casualty Tenant has paid to Landlord the deductible under Paragraph 16(a)(i) or, if damagedapplicable, all carpets shampooed and cleanedLandlord has received the Termination Amount. Upon such surrender, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall (a) remove from the Leased Premises any or Affected Premises, as applicable, Tenant’s Property and Alterations required to be removed pursuant to Paragraph 1113 hereof, and all Tenant’s Personal Property, and (b) repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal PropertyProperty not so removed shall become the property 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 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 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 under no obligation 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 maintenancepatch, repair or replace finish work, such as wallcoverings, paint and janitorial practices carpeting, or to patch, repair or cover holes in the walls or floor left by the removal of any Alteration or Tenant’s property 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 such removal was performed in a reasonable 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 leasesnormal manner.
Appears in 1 contract
Surrender. Upon At the expiration or earlier termination of this Sublease or of the TermSubtenant’s right to possession of the Premises, Tenant shall Subtenant will at once surrender and deliver the Premises Premises, together with their improvements, to Landlord Sublandlord in good condition and repair, normal 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 fire or other casualty exceptedtear”. The improvements to be surrendered and delivered include all plumbing, with all interior walls repaired lighting, electrical, heating, cooling and repainted if damagedventilating fixtures and equipment, all carpets shampooed as well as fixed partitioning, drapery, wall covering and cleanedpaneling, all brokenbuilt-in cabinet work and carpeting installations. Subtenant must deliver to Sublandlord ail keys, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing lock combination and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant key card access information as to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all . All Alterations to the reasonable satisfaction Premises made by Subtenant will become a part of Landlord. Tenant shall remove from and will remain upon the Premises any Alterations required without compensation to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to Subtenant.. Subtenant must remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property 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 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 leasesrequired.
Appears in 1 contract
Samples: Office Sublease (Walter Investment Management Corp)
Surrender. Upon expiration of the Term or earlier termination of 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 agents, employees, contractors or invitees and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to, or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant's Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any 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 the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repairincluding without limitation, normal wear and tear and fire or other casualty exceptedindemnity obligations, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant payment obligations with respect to it shall cease, or Landlord may place all or any portion Rent and obligations concerning the condition and repair 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 for a period of three (3) years after expiration or earlier 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 leasesTerm.
Appears in 1 contract
Samples: Lease Agreement (Viacell Inc)
Surrender. (a) Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall it is Tenant's obligation to surrender the Premises to Landlord in good its condition and repairexisting 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 shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (acceptable to Landlord, all floors cleaned and waxed and, if Tenant has performed any alterations which Landlord does not elect to retain the removal of such alterations and the restoration of the Premises to its condition prior to their installation. To the extent the cost of restoring the Premises to the Required Condition is at any time, pursuant increased due to Landlord's failure to maintain the Premises in accordance with the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to not be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by responsible for such removal. excess cost.
(c) If Tenant fails to remove any such Alterations and/or Tenant’s Personal Propertypersonal 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 all costs of removal of any such 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 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 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 1 contract
Samples: Lease (Loudcloud Inc)
Surrender. Upon Immediately prior to the expiration or earlier upon the sooner termination of this Lease, the expiration or termination of the TermLease, Tenant shall surrender the Premises to Landlord broom clean, in the same good condition and repairas delivered to Tenant, normal reasonable wear and tear and fire or other casualty excepted, with and free from all interior walls repaired Hazardous 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 repainted if damagedequipment 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 shampooed damage to the Premises, the exterior of the Building and cleaned, the Common Area caused by Tenant’s removal of Tenant’s Personal Property and Alterations. Tenant shall repair or replace all broken, marred stained or nonconforming acoustical damaged ceiling tiles replaced with matching tiles, all wall coverings, windows, interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)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 any Alterations are not surrendered to Landlord in the condition required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after this Section at the expiration or sooner termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall ceasemay, or Landlord may place all or any portion of such property in public storage for at Tenant’s accountexpense, perform such removal, repairs and replacements 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 and its Agents 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. Normal wear and tear, for the purposes At least thirty (30) days prior to Tenant’s surrender of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use 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 natural aging process which occurs in spite similar entity publishing similar standards). In addition, at least ten (10) days prior to Tenant’s surrender of prudent application possession of any part of the best standards for maintenancePremises, repair and janitorial practices 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 extent surrender of the same are 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 Lease. It is not intended, nor Section shall it be construed, to include items of neglected survive the expiration or deferred maintenance which would have or should have been attended to during the Term earlier termination 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 1 contract
Samples: Lease (Design Therapeutics, Inc.)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall peaceably leave and surrender the Leased Premises or Affected Premises, as is applicable, to Landlord in good the same condition and repairin which the Leased Premises or Affected Premises, normal 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 this Lease, ordinary wear and tear and fire damage from any Casualty or other casualty Condemnation excepted; provided, however, that with all interior walls repaired and repainted respect to any Casualty Tenant has paid to Landlord the deductible under Paragraph 16(a)(i) or, if damagedapplicable, all carpets shampooed and cleanedLandlord has received the Termination Amount. Upon such surrender, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall (a) remove from the Leased Premises any or Affected Premises, if applicable, all Tenant’s Property and Alterations required to be removed pursuant to Paragraph 1113 hereof, and all Tenant’s Personal Property, and (b) repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal PropertyProperty not so removed shall become the property 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 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 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 under no obligation 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 maintenancepatch, repair or replace finish work, such as wallcoverings, paint and janitorial practices carpeting, or to patch, repair or cover holes in the walls or floor left by the removal of any Alteration or Tenant’s property 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 such removal was performed in a reasonable 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 leasesnormal manner.
Appears in 1 contract
Surrender. Upon the expiration or other termination of the Term, or termination of Tenant’s right to possession of the Premises, Tenant will immediately vacate and surrender possession of the Premises, in good order, repair and condition, except for ordinary wear and tear, any portion of the Premises for which Landlord is responsible for repair and maintenance under the terms of this Lease, and casualty damage governed by Section 10. Upon the expiration or other termination of the Term, or termination of Tenant’s right to possession of the Premises, Tenant agrees to remove (a) all Tenant Alterations (other than the Leasehold Improvements) the removal of which Landlord requested or approved according to Section 7.1 at the time Landlord consented to their installation, and (b) all Specialized Tenant Improvements which Tenant designated for removal according to Paragraph 20 of Exhibit B, (c) all of Tenant’s trade fixtures, office furniture, office equipment and other personal property, and (d) any other specialized tenant improvements installed by and paid for by Tenant, as identified and mutually agreed to in writing by Landlord and Tenant prior to installation. Tenant will repair any damage to the Premises, Buildings and/or Project caused by the installation or removal of any such items or, if Tenant fails to make sure repairs within a reasonable time, Landlord may, at its option, make sure repairs and Tenant will reimburse Landlord for the reasonable cost of such repair following receipt of demand and reasonable back-up. Notwithstanding the foregoing, (i) except pursuant to the express provisions of this Lease (including, without limitation, Sections 10.1, 12.2(b) and Section 29), Tenant may not unilaterally terminate this Lease prior to the expiration of the Term and (ii) Tenant will be responsible for removing all Telecom Equipment installed by or at Tenant’s request at the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides termination of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails right to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall 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 possession of the Premises, by a natural aging process which occurs in spite accordance with Section 26.6 below. Any of prudent application Tenant’s property remaining in the Premises after the expiration or earlier termination of the best standards for maintenanceTerm, repair or termination of Tenant’s right to possession of the Premises, will be conclusively deemed to have been abandoned by Tenant and janitorial practices may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without notice or obligation to account to or compensate Tenant, and Tenant will pay Landlord on demand all reasonable costs incurred by Landlord relating to such abandoned property, including the extent the same are cost to remove or demolish such property. Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease and no surrender of possession of the Premises by Tenant will limit Tenant’s liability under this Lease. It is not intended, nor shall it be construed, to include items of neglected No act or deferred maintenance which would have thing done by Landlord or should have been attended to Landlord’s agents 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 this Lease will be deemed an acceptance of a surrender of this Leasethe Premises, unless in writing signed by Landlord. The delivery of the keys to an employee or agent of Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) will not operate as a direct lease termination of this Lease or leasesa surrender of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Exelixis, Inc.)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises to Landlord in good the same condition and repairas existed on the date Tenant originally took possession thereof, normal wear and tear and fire or other casualty exceptedincluding, with but not limited to, all interior walls repaired and cleaned, all interior painted surfaces repainted if damagedin the original color, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing HVAC equipment in operating order and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, 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 any Alterations or Building. All property that Tenant is required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after surrender shall become Landlord's property upon the termination of this Lease, . Landlord may retain such 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 all store at Tenant's expense, or at Landlord's election said personal property thereafter shall belong to Landlord without the payment of 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 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 Premises at the Interest Rate from the date time of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Leasevacating, 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, but nothing contained herein shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use as an extension of the Premises, Term or as a consent by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices Landlord to the extent the same are any holding over by 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 Tenant's failure to give such notice or participate in such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesdetermining Tenant's responsibility for repairs and restoration.
Appears in 1 contract
Samples: Lease (Circuit Research Labs Inc)
Surrender. Upon the expiration or earlier termination of the Term--------- this Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting 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 repainted repaired, if marked or damaged, all carpets shampooed and cleanedvacuumed (but not shampooed), all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all tiled (but not concrete) floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all Tenant?s trade fixtures and personal property as required herein, and those alterations required to be removed pursuant to Paragraph 11Section 5.E., and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalrestore the Premises to its condition prior to their installation. If Tenant fails to remove any such Alterations alterations and/or Tenant’s Personal Property'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 's account. Tenant shall be liable to Landlord for the reasonable costs of removal of any such Alterations alterations and Tenant’s Personal Property '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 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 unless such delay is solely 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 leasesLandlord's actions.
Appears in 1 contract
Samples: Lease (Navisite Inc)
Surrender. Upon At the expiration or earlier termination of the Termthis Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property from the Premises, and quit and surrender the Premises to Landlord Landlord, broom clean, and in good the same order, condition and repairrepair as when received, normal ordinary wear and tear tear, casualty and fire damage caused by Landlord excepted. Notwithstanding the foregoing, Landlord may , in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any Special Installations or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting Tenant Alterations in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or of Tenant’s Personal Property, and such failure continues Removable Property (other than Special Installations or other Tenant Alterations which Landlord has designated to remain in the Premises) within two (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 Land lord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, Landlord may retain such property deem all or any part of 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 ceasebe deemed to be immediately vested in Landlord. Except for Special Installations or other Tenant Alterations designated by Landlord to remain in the Premises, or Landlord may place all or any portion of such property in public storage for Tenant’s accountRemovable Property shall be removed by Tenant before the Expiration Date. 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 sameRemovable Property. Notwithstanding the foregoing, and the cost of repairing and restoring the Premises, together with interest if at the Interest Rate from time Tenant requests the date consent of expenditure by Landlord. If the Premises are not so surrendered at the termination of this LeaseLandlord to install Special Installations or other Tenant Alterations, Tenant shall indemnify requests Landlord and its Agents against all loss to notify it whether such Special Installations or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering Alterations must be removed upon 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 expiration 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.earlier -32-
Appears in 1 contract
Surrender. Upon the expiration of this Sublease, or earlier upon the termination of the TermSublease or of the Tenant’s right to possession of the Premises or as Tenant reduces the size of the Premises, Tenant shall will at once surrender and deliver up the Premises all or, as applicable, the appropriate part of the Premises, together with all improvements thereon, to Landlord in good condition and repair, normal free of Hazardous Materials (other than routine office cleaning supplies) except as caused by Landlord or Landlord's employees, agents, contractors, invitees and/or licensees, reasonable wear and tear (and fire damage by Landlord or other Prime Landlord), casualty or condemnation excepted. Said improvements shall include all plumbing, with lighting, electrical, heating, cooling and ventilating fixtures and equipment used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). Tenant shall surrender to Landlord all interior walls repaired keys to the Premises and repainted if damaged, make known to Landlord the explanation of all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if combination locks which Tenant is at permitted to leave on the Premises. All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant. Tenant shall remove any timeAlterations made by Tenant, or portion thereof, which Prime Landlord requires Landlord (or Tenant if there is a direct obligation of Tenant to Prime Landlord) to remove, pursuant to the terms of this the Prime Lease. In any such event, required Tenant shall restore the Premises to maintain their condition prior to the HVAC system serving the Premises)making of such Alteration, repairing any damage occasioned by such removal or restoration. If Prime Landlord requires removal of any Alteration made by Tenant, or a portion thereof as set forth above, and all floors cleanedTenant does not make such removal in accordance with this Section, all to Landlord may remove the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, same (and repair any damage occasioned thereby), and perform dispose thereof, or at its election, deliver the same to any restoration work caused by other place of business of Tenant, or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand. If Tenant fails shall not be required to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after performed by Landlord or to restore the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect Premises to it shall cease, or Landlord may place all or any portion their condition prior to the making 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 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 leasesAlterations.
Appears in 1 contract
Samples: Secured Note (Gene Logic Inc)
Surrender. Upon the expiration or earlier termination of the TermTerm 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 good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or Condemnation and fire any changes resulting from approved Alterations. Notwithstanding the above or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant anything to the terms contrary contained in this Lease, prior to the expiration or termination of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11all (a) telephone, computer, and all other cabling installed in the Building by Tenant, (b) Trade Fixtures, and (c) Tenant’s Personal Propertygoods, inventory and personal property, and if requested by Landlord, all Alterations and Improvements, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe 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 failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property 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 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 the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify 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 its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located 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 Subsection 21.1 shall it be construed, to include items of neglected survive the expiration 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 termination 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 1 contract
Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the Commencement Date, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)firm, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all of Tenant’s Personal Property and any Alterations required to be removed that Landlord designates for removal pursuant to Paragraph 1111(a) below (including the Courtyard Improvements, if applicable, but excluding the Tenant Improvements) and all Tenant’s Personal Propertyany other Alterations that Landlord designates for removal if such Alterations were not approved by Landlord, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal PropertyProperty and/or any Alterations that Tenant is required to remove, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its 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, due to the expected and permitted use of the Premises, Premises by a natural aging process which occurs in spite of prudent application of the best commercially reasonable standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this Leaselease. 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, Lease if the best commercially reasonable 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 1 contract
Samples: Lease Agreement (Silicon Image Inc)
Surrender. Upon the expiration termination of this Sublease, whether by forfeiture, lapse of time or earlier otherwise, or upon the termination of the TermTenant's right to possession of the Premises, Tenant shall will at once surrender and deliver up the Premises Premises, together with all improvements thereon, to Landlord in good condition and repair, normal reasonable wear and tear and fire or other casualty excepted; conditions existing because of Tenant's failure to perform maintenance, with repairs or replacements as required of Tenant under this Lease shall not be deemed "reasonable wear and tear". Tenant shall surrender to Landlord all interior walls repaired keys to the Premises and repainted if damaged, make known to Landlord the explanation of all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if combination locks which Tenant is permitted to leave on the Premises. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant provided, however, that Landlord shall have the right to require Tenant to remove any Alterations or portion thereof. Said right shall be exercisable by Landlord giving written notice thereof to Tenant at the time Landlord approves such Alteration. Tenant shall also remove any timeAlterations which Prime Landlord may require Landlord to remove, pursuant to the terms of this the Prime Lease. In any such event, required Tenant shall restore the Premises to maintain the HVAC system serving the Premises), and all floors cleaned, all their condition prior to the reasonable satisfaction making of Landlordsuch Alteration, repairing any damage occasion by such removal or restoration. If Landlord or Prime Landlord requires removal of any Alteration or a portion thereof and Tenant shall does not make such removal in accordance with this Section at the time of such termination or within twenty (20) days after such request, whichever is later, Landlord may remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, same (and repair any damage occasion thereby), and perform dispose thereof, or at its election, deliver the same to any restoration work caused by other place of business of Tenant, or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand. If As between Landlord and Tenant, Tenant fails shall not be required to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after performed by Landlord prior to the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect Commencement Date or to it shall cease, or Landlord may place all or any portion restore the Premises to their condition prior to the making 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 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 leasesAlterations.
Appears in 1 contract
Samples: Sublease (Taylor Capital Group Inc)
Surrender. Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by Tenant or Tenant’s agents, employees and invitees (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any 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 the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repairincluding, normal wear and tear and fire or other casualty exceptedwithout limitation, with all interior walls repaired and repainted if damagedindemnity obligations, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant payment obligations 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 Rent and Tenant’s Personal Property obligations concerning the condition 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 repair 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 1 contract
Samples: Lease Agreement (Bluebird Bio, Inc.)
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 xxxx 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 the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall surrender to Landlord all 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 15.2 shall survive the expiration or earlier termination of ------------ this Lease. Tenant shall indemnify Landlord and its Agents 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. Normal wear Landlord and tear, for Tenant shall jointly inspect the purposes Leased Premises upon the termination 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 1 contract
Samples: Office Lease (CBT Group PLC)
Surrender. Upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this LeaseLease whether by forfeiture, Landlord may retain such property and all rights lapse of Tenant with respect to it shall ceasetime or otherwise, or Landlord may place all or any portion upon the termination of such property in public storage for Tenant’s account. 's right to possession of the Premises, Tenant shall be liable to Landlord for costs of removal of any such Alterations will at once surrender and Tenant’s Personal Property deliver up the Building and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest all improvements thereon, to Landlord, broom clean, in good order, condition and repair, reasonable wear and tear excepted. "Broom clean" means free from all debris, dirt, rubbish, equipment, and personal property of Tenant, both inside the Building and on the grounds comprising the Premises. Any damage caused by the removal of Tenant from the Premises, including any damages caused by removal of Tenant's equipment, shall be repaired and paid for by Tenant prior to the expiration of the Term of this Lease. In the event any improvements, fixtures, or equipment which Tenant is required to remove hereunder are not removed by Tenant at the Interest Rate from time of the date expiration of expenditure by Landlord. If the Premises are not so surrendered at the termination Term of this Lease, Tenant shall indemnify pay an allocated rent which is based on the area of the Premise which is unavailable to Landlord as a result of such improvements, fixtures, and its Agents against all loss equipment until such improvements, fixtures or liability, including attorneys’ fees and costs, resulting from delay equipment are removed. Any holding over by Tenant in so surrendering of the Premises. Normal wear Premises after the expiration of the Term of this Lease shall operate and tearbe construed to be a tenancy from month-to-month only, at double the monthly rate of rent and other charges payable hereunder for the purposes of Lease Term. Nothing contained in this Lease, Paragraph 23 shall be construed to mean wear give Tenant the right to hold over at any time, and tear caused Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises, Premises as well as any damages incurred by Landlord 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 Tenant's failure 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 vacate the Premises at all times in good condition and repairdeliver possession to Landlord as herein provided. In the event Landlord consents to Tenant's holdover in writing prior to the commencement of surrender such holdover, Tenant shall be considered to be a month-to-month Tenant and all of the terms, covenants, and conditions of this Lease, Landlord Lease including the rent to be paid by Tenant shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesremain unchanged for such tenancy.
Appears in 1 contract
Samples: Building Lease (Sonic Foundry Inc)
Surrender. At the termination of the Lease Term, Tenant shall peaceably surrender the Premises clean and in good order, repair and condition, and in conformance, in all material respects, with all Legal Requirements and Tenant’s repair obligations, reasonable wear and tear and damage by fire or casualty or taking and Landlord’s repair obligations excepted and to deliver to Landlord all keys to the Premises or any part 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 xxxx of sale, unless Landlord elects otherwise and notifies Tenant to remove any such tenant improvements at any time prior to the expiration of the Lease Term as set forth below. 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 or termination of the Lease. If Landlord fails to so notify Tenant, Tenant shall have no obligation to remove such tenant improvements and restore the Premises as a result of such removal. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment (“Personal Property”) shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of this Lease. Upon demand by Landlord and in accordance with the terms set forth above, Tenant shall remove, at Tenant’s sole cost and expense, forthwith and with all due diligence (but in any event prior to the expiration or earlier termination of the Lease Term), any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall surrender the Premises to Landlord in good condition forthwith and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired due diligence, at its sole cost and repainted if damagedexpense, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work to the Premises or the Building Complex caused by such removal. If In the event Tenant fails so to remove any Personal Property or any such Alterations and/or Tenant’s Personal Propertyalterations, 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 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 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 leasesSection 7.8.
Appears in 1 contract
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 the Termthis Lease, Tenant shall surrender the Demised Premises to Landlord broom clean and free of debris; with all of the “Existing Tenant Fixtures” (defined below) in place, in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good working order and repair, including replacement but with all of any burned out or broken light bulbs or ballastsTenant’s other personal property and effects removed therefrom; with all alterations, the HVAC equipment serviced improvements and repaired fixtures required by a reputable and licensed service firm (if Tenant is at any time, Landlord pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required Lease to be removed pursuant to Paragraph 11, from the Demised Premises (including any portion of the Existing Tenant Fixtures Landlord may designate) actually removed and all Tenant’s Personal Property, and repair any damage and perform any restoration work as a result of or caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and removal repaired (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 sole cost and expense of Tenant); and with all licenses, permits and similar items which restrict or affect 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 used of the Premises, by a natural aging process which occurs Demised Premises released and fully terminated.
36.5. As used 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 “Existing Tenant Fixtures” means all of the personal property and fixtures listed on Exhibit “F” 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 1 contract
Samples: Lease (Emergent BioSolutions Inc.)
Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting 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 shampooed and cleanedvacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations all Tenant's personal property and all of Tenant's Work required to be removed pursuant to Paragraph 11Section 5E, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused restore the Premises to the condition which existed prior to their installation (or as otherwise specified by Landlord in its approval of such removalWork). If Tenant fails to remove any such Alterations 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 1 contract
Samples: Lease (Clarify 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 the TermTenant’s right of possession, Tenant shall surrender the Premises to Landlord in good the same condition as received (except Tenant-Made Alterations and repair, normal wear and tear and fire Tenant Improvements that are required or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, allowed to remain on the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, Premises pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), broom clean, ordinary wear and all floors cleaned, all to tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted and otherwise in compliance with the reasonable satisfaction provisions of LandlordExhibit E attached hereto. 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 to herein shall be removed pursuant to Paragraph 11deemed abandoned and may be stored, removed, and all disposed of by Landlord at Tenant’s Personal Propertyexpense, and Tenant waives all 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 any damage and perform any restoration work caused by such removalof the Premises. If Tenant fails to remove perform any such 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 may, but shall not be obligated to, perform such property obligation and Tenant shall pay Landlord all rights costs associated therewith, plus an administrative fee of Tenant with respect to it shall cease, or Landlord may place all or any portion 15% of such property in public storage for Tenantcosts, promptly upon Landlord’s account. delivery to Tenant of an invoice therefor, and any time required by Landlord to complete such 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 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 leasesapply.
Appears in 1 contract
Surrender. Upon the Tenant shall, upon expiration or earlier sooner termination of the Termthis Lease, Tenant shall surrender the Premises premises to Landlord in good the same condition and repair, normal as existed on the date Tenant originally took possession thereof (reasonable wear and tear and fire or other losses due to casualty and condemnation excepted, ) with all interior walls repaired and repainted if damagedcleaned, all holes in walls repaired, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing HVAC equipment in operating order and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required at such time also surrender to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by Landlord such removal. If alterations (as defined in paragraph 8) as Landlord does not require Tenant fails to remove any such 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 such shall remove all of 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 Alterations and abandoned trade fixtures or equipment of Tenant’s Personal Property and storage and transportation costs , or of sameany alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the premises to its condition as of the date Tenant originally took possession thereof, and the 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 and its Agents 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. Normal wear and tear, for All keys to the purposes of this Lease, premises or any part thereof shall be construed surrendered to mean wear and tear caused to the Premises, due to the expected and permitted use Landlord upon expiration or sooner termination 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 leasesterm.
Appears in 1 contract
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 the Term, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain Tenant shall remove all of Tenant’s signs from the HVAC system serving 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 reasonable 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 all floors cleaned, all alterations or other interior improvements which Tenant is permitted to surrender at the reasonable satisfaction termination of Landlordthis Lease. Tenant shall remove from repair all damage to the Premises any Alterations 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 to be removed pursuant to Paragraph 1110.4, and all Tenant’s Personal PropertyTenant shall, upon the expiration or sooner termination of Lease, remove any Tenant Alterations and repair any all damage and perform any restoration work caused by such removal. If Tenant fails the Premises, the Building, the Outside Areas and the Property are not surrendered to remove any such Alterations and/or Tenant’s Personal PropertyLandlord in the condition required by this Paragraph at the expiration or sooner termination of this Lease, 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 such may, at Tenant’s expense, so remove Tenant’s signs, property and all rights of Tenant with respect to it shall ceaseimprovements not so removed and make such repairs and replacements not so made or hire, or Landlord may place all or any portion of such property in public storage for at Tenant’s accountexpense, independent contractors to perform such work. 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 and its Agents against all loss Landlord’s inspection at or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering after Tenant’s vacation of the Premises. Normal wear and tear, Premises will be conclusively deemed correct 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 determining 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 responsibility for repairs 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 leasesrestoration.
Appears in 1 contract
Samples: Lease Agreement (Fusion-Io, Inc.)
Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repairtheir original condition, normal except for reasonable wear and tear tear, damage from casualty or condemnation and fire or other casualty exceptedany changes resulting from approved Alterations; provided, with all interior walls repaired and repainted if damagedhowever, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant that prior to the terms expiration or termination of this LeaseLease Tenant shall, required to maintain at Landlord’s request, remove all telephone and other cabling installed in the HVAC system serving the Premises), Building by Tenant and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertypersonal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 — Tenant Improvements & Alterations, and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe 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 failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property 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 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 the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify 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 its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located 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 Section shall it be construed, to include items of neglected survive the expiration 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 termination 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 1 contract
Samples: Lease Agreement (ArcSight 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 the Termthis Lease, Tenant shall surrender the Demised Premises to Landlord broom clean and free of debris; with all of the "Existing Tenant Fixtures" (defined below) in place, in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good working order and repair, including replacement but with all of any burned out or broken light bulbs or ballastsTenant's other personal property and effects removed therefrom; with all alterations, the HVAC equipment serviced improvements and repaired fixtures required by a reputable and licensed service firm (if Tenant is at any time, Landlord pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required Lease to be removed pursuant to Paragraph 11, from the Demised Premises (including any portion of the Existing Tenant Fixtures Landlord may designate) actually removed and all Tenant’s Personal Property, and repair any damage and perform any restoration work as a result of or caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and removal repaired (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 sole cost and expense of Tenant); and with all licenses, permits and similar items which restrict or affect 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 used of the Premises, by a natural aging process which occurs Demised Premises released and fully terminated.
36.5. As used 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 "Existing Tenant Fixtures" means all of the personal property and fixtures listed on Exhibit "F" 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.
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Surrender. Upon the expiration or earlier termination of the Termthis Lease for any reason, Tenant shall surrender the Premises to Landlord in good its condition and repairexisting as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming broken acoustical ceiling tiles replaced with matching tilesreplaced, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant acceptable to the terms of this Lease, required to maintain the HVAC system serving the Premises)Landlord, and all floors cleanedcleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Alterations required Work which Landlord elects to be removed pursuant to Paragraph 11Section 5.D, and shall restore the Premises to their condition prior to their installation, including, without limitation, repairing all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe 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 have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, personal property. If Landlord may retain 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 and its Agents against all loss or liability, including reasonable 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.
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Samples: Lease (Pericom Semiconductor Corp)
Surrender. Upon LESSEE shall at the expiration or earlier other termination of this Lease 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 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, Tenant 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 the Commencement Date, 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 condition and repairconditions as existed on the Commencement Date, normal reasonable wear and tear and fire damage by fire, eminent domain, or other casualty only excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall 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 LESSEE's failure to remove any of this LeaseLESSEE's property from the premises, Landlord 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 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 property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property which shall be conclusively deemed to have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesbeen abandoned.
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Surrender. Upon the expiration or earlier termination of the Termthis Lease, Tenant shall surrender the Premises and all tenant improvements and Alterations to Landlord and such shall be returned clean and in good their original condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides as of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms Commencement Date of this Lease, required to maintain the HVAC system serving the Premises)except for reasonable wear and tear; provided, and all floors cleanedhowever, all that prior to the reasonable satisfaction expiration or termination of Landlord. this Lease, Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertypersonal property, Trade Fixtures and Alterations (including but not limited to, exterior signage, modular furniture, Tenant’s antenna systems and all cables, conduits, risers and other similar items and equipment which pass through portions of the Building or connect to the antenna systems) designated by Landlord for removal and repair any damage and perform any restoration work caused by such removal. If Tenant fails such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove any such Alterations and/or Tenant’s Personal Propertythe same, and Tenant shall pay Landlord on demand for all costs of removal and storage 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 failure continues after removal. Landlord shall also have the termination right to retain or dispose of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property 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 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 the Premises are not so surrendered at the Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall indemnify 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 its Agents against all loss or liability, including attorneys’ fees and costs, resulting from delay by Tenant vaults that may be located 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 Section shall it be construed, to include items of neglected survive the expiration 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 earlier termination of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
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Surrender. Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon termination of Tenant's right to possession of the TermLeased Premises, Tenant shall will at once surrender and deliver up the Premises Leased Premises, together with all improvements thereon, to Landlord Landlord, broom swept, in good condition and repair, normal 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 fire or other casualty exceptedtear". Tenant shall deliver to Agent all keys to all doors therein. As used herein, with all interior walls repaired and repainted if damagedthe term "Improvements" shall include, without limitation, all carpets shampooed plumbing, lighting, electrical, heating, cooling and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing ventilating fixtures and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises)equipment, and all floors cleanedAlterations (as said term is defined in Section 9.2 hereof) whether or not permitted under Section 9.4. All Alterations, all 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 reasonable satisfaction making of Landlordsuch Alterations, repairing any damage occasioned by such removal and restoration. Said right shall be exercised by Landlord giving written notice thereof to Tenant shall remove from the Premises on or before ninety (90) days after such termination. If Landlord requires removal of any Alterations required to be removed pursuant to Paragraph 11and Tenant does not make such removal in accordance with this Section at the time of such termination, and all Tenant’s Personal Propertyor within ten (10) days after such request, whichever is later, Landlord may remove the same (and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Propertyoccasioned thereby), and such failure continues after dispose thereof or, at its election, deliver the termination same to any other place of this Lease, Landlord may retain such property and all rights business 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 accountwarehouse the same. Tenant shall be liable pay the costs of such removal, repair, delivery and warehousing 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 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 leaseson demand.
Appears in 1 contract
Samples: Industrial Building Lease (American Coin Merchandising Inc)
Surrender. Section 25.01. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises to Landlord in the same condition 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 this Lease and except for ordinary wear and tear and damage by fire or other casualty. Tenant shall remove from the Demised Premises upon such expiration or earlier termination, all property situated thereon which is owned by Tenant. Tenant, at its cost and expense, shall repair any damage to any part of the Demised Premises caused by such removal. Any property of Tenant not so removed shall become the property of Landlord, which may thereafter cause such property to be removed from the Demised Premises and disposed of but the cost of any such removal 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 surrender remove all computers and computer related and peripheral equipment (other than cabling and other related equipment that would be deemed fixtures) installed by Tenant at the Demised Premises to Landlord in good condition and repair(collectively, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises"Computer Equipment Removal"), and all floors cleanedTenant, all at its cost and expense, shall repair any damage to any part of the Demised Premises caused by such Computer Equipment Removal, which damage is of a nature that exceeds that damage which would be caused by the removal of office furniture and equipment customarily maintained by Tenant at Demised Premises. In no event shall such Computer Equipment Removal require Landlord to make any non-customary alterations or repairs to the reasonable satisfaction Demised Premises in order to be able to prepare or finish any portion of Landlordthe Demised Premises for rental to tenants for normal office purposes. Tenant shall remove from reimburse Landlord for all costs and expenses incurred by Landlord in connection with the Premises any Alterations 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 be removed pursuant pay for improvements to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removalthe Demised Premises that are being used to prepare the space for a new tenant.
Section 25.02. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after Upon the expiration or earlier termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination Term of this Lease, Tenant shall indemnify deliver the Building to Landlord broom clean, except in the event such surrender is due to a casualty or condemnation, as provided herein. Copies of all then current maintenance and its Agents against service agreements and records, warranties in effect (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, which shall be construed assigned to mean wear Landlord, if such agreements or warranties are assignable) and tear caused all plans and specifications relating to the Premises, due to the expected and permitted use alterations of the Premises, by a natural aging process which occurs Improvements 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.'s possession shall
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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 TermPremises. Unless Landlord gives Tenant written notice of its election not to become the owner of the Alterations at the end of the term of this Lease, the Alterations shall become the property of Landlord at the end of the term of this Lease. Landlord may require, on notice to Tenant, that some or all Alterations be removed prior to the end of the term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense. On the last day of the term 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 the same condition as received, ordinary wear and tear and casualty damage excepted, clean and free of debris and Tenant's personal property, trade fixtures and equipment. Tenant's personal property shall include all computer wiring and cabling installed by Tenant. Provided, however, if Landlord has not elected to have Tenant remove the Alterations, Tenant shall leave the Alterations at the Premises in good condition and repair, normal ordinary wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage to the Premises occasioned by the installation or removal of Tenant's trade fixtures, furnishings and perform equipment. Damage to or deterioration of any restoration work caused by such removal. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after Element of the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all Premises or any portion of such property in public storage for Tenant’s account. other item Tenant shall be liable is required 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 repair or maintain at the Interest Rate from Premises shall not be deemed ordinary wear and tear if the date of expenditure 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 its Agents 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 Premises. Normal wear Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and tear, for the purposes of this Lease, shall be construed to mean wear losses and tear caused to the Premises, damages suffered by Landlord due to the expected and permitted use lost opportunities to lease any portion of the PremisesPremises to any such succeeding tenant or prospective tenant, by a natural aging process which occurs together with, in spite of prudent application of the best standards for maintenanceeach case, repair actual attorneys' fees 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 leasescosts.
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