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. 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 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 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 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 25.1 At the expiration of the lease term or upon any earlier termination of the Termthis lease, Tenant shall immediately:
(a) deliver to Landlord free and clear title to the Improvements (excepting only Tenant's personal property, equipment and trade fixtures which can be, and are, removed by Tenant without permanent damage to the Premises) without any payment to Tenant or allowance of any kind whatsoever by Landlord; provided that nothing herein shall require Tenant to satisfy any obligations arising through Landlord. Landlord may examine condition of title at Tenant's cost to assure itself that the title offered is in conformity with the terms of this lease; and
(b) restore the Premises to their condition at the commencement of the lease, and repair any damage caused by removal of Tenant's personal property, equipment or trade fixtures, or Tenant's occupancy of the Premises, and quit, surrender and return possession of the Premises to Landlord in a neat, clean, and sanitary condition, and in good condition and repairworking order, normal reasonable wear and tear and fire or other casualty loss excepted, with and shall deliver to Landlord all interior walls repaired information documents and repainted if damaged, all carpets shampooed and cleaned, all broken, marred tangible items necessary 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 convenient 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 operation of the Premises, by a natural aging process which occurs in spite of prudent application including, without limitation, any keys, combinations to locks and access systems, manuals and instruction booklets, warranties, receipts, bills, invoices, statements, licenses, and permits, building plans and specifications, contracts and other documents.
25.2 Any personal property remaining on the Premises after the expiration of the best standards for maintenancelease term may, repair at Landlord's option, be deemed abandoned by Tenant and janitorial practices to the extent the same are Tenant’s obligations under this LeaseTenant releases Landlorx xxxx all claims and liability in connection with such personal property. It is not intendedUpon expiration, 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 lease is terminated prior to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Leaseits normal expiration, Landlord shall have the option right, but not the obligation, to remove all of terminating Tenant's personal property from the Premises and place the same in a public warehouse at Tenant's expense and risk. Landlord shall have the right, but not the obligation, to sell such stored property if it has not been claimed, and all existing subleases or accepting charges for removal, packing, transport and storage paid by Tenant within thirty (30) days, and the proceeds of sale shall be applied first to the costs of sale, second to the costs of removal, packing, transport and storage, third to the payment of any sublease(s) as a direct lease or leasesother sums due Landlord from Tenant, and the balance, if any, shall be paid to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Foster L B Co)
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. 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 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 at such time also surrender to Landlord such alterations as Landlord does not require Tenant to remove. Tenant, on or before 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 of 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 Xxxxxx 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: Lease Agreement (Wireless Inc)
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 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 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. 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
Appears in 1 contract
Surrender. Upon (a) On the date on which this Master Lease expires or terminates and if the Purchase Option has not been exercised, Tenant shall return possession of the Premises to Landlord in vacant, broom clean condition as altered by the Required Improvements and any other permitted alterations, except for ordinary wear and tear, and except for casualty damage or other conditions that neither Tenant nor Subtenant is required to remedy under this Master Lease or the Sublease. Prior to such expiration or termination of this Master Lease, Tenant shall cause to be removed from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Premises to good order and condition. Any of Tenant’s (or Subtenant’s or other occupant’s) personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Master Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. Notwithstanding the foregoing, upon the expiration or earlier termination of the Termthis Master Lease, (i) Tenant shall surrender leave all Building Systems servicing the Premises, in good working order and condition, ordinary wear and tear excepted, and (ii) Tenant shall remove all Specialty Alterations & Equipment unless Landlord agrees in writing (in its sole discretion) that Tenant may leave such Specialty Alterations & Equipment at the Premises, and Tenant shall repair or replace any material damage resulting from removal. Tenant will make the decision to replace or repair using good faith and commercially reasonable judgment.
(b) If Tenant (or any subtenant or occupant claiming by or through Tenant) remains in possession of the Premises after the expiration of this Master Lease (unless the Purchase Option has been exercised), Tenant’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Master Lease (unless clearly inapplicable), except that the Minimum Annual Base Rent shall be one hundred twenty-five percent (125%) of the Minimum Annual Base Rent and no holdover or payment by Tenant after the expiration or termination of this Master Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Master Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Master Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in good condition and repairthe event of a Tenant Event of Default, 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 leasespermitted by applicable Laws.
Appears in 1 contract
Samples: Master Tenant Lease Agreement
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the expiration Lease Term or earlier termination of the TermTenant’s right of possession, Tenant shall surrender the Premises to Landlord in good the same condition as received, broom clean, and repairin compliance with the Move Out Conditions Addendum attached hereto, normal 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, 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 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 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 15% of such costs, promptly upon Landlord’s delivery to Tenant with respect of an invoice therefor, and any time required by Landlord to it complete such obligations shall ceasebe considered a period of holding over and the terms of Section 22 shall apply. Notwithstanding any provision or inference to the contrary herein contained, in the event that Tenant fails to deliver to Landlord (and surrender possession of) all of the Premises upon the expiration or Landlord may place all earlier termination of this Lease (or any the applicable portion of such property in public storage for Tenant’s account. Tenant shall be liable the Premises if this Lease expires or terminates as to Landlord for costs only a portion of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from ) on the date of expenditure by Landlord. If expiration or earlier termination, then Landlord may, without judicial process and without notice of any kind, immediately enter upon and take absolute possession of the Premises are not so surrendered at or applicable portion thereof, expel or remove Tenant and any other person or entity who may be occupying the termination of this LeasePremises or applicable portion thereof, change the locks to the Premises or applicable portion thereof (in which event, Tenant shall indemnify 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, have no right to any key for the purposes of this Leasenew locks), shall be construed and take any other actions as are necessary for Landlord to mean wear and tear caused to the Premises, due to the expected and permitted use take absolute possession of the PremisesPremises or applicable portion thereof. The foregoing rights are without prejudice and in addition to, by a natural aging process which occurs and shall not in spite of prudent application of the best standards for maintenanceany way limit Landlord’s rights under, 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 22 below.
Appears in 1 contract
Samples: Lease Agreement (Phunware, 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 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, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that not later than the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & A1terations, and repair any damage caused by such removal provided, however, upon expiration or termination of this Lease Tenant shall not be obligated to remove any Hazardous Material from the Property unless Handled by Tenant at the Property. In no event shall Tenant be required to remove Tenant Improvements, except those Tenant Improvements, if any, identified by Landlord when Landlord approves the Construction Documents (as defined in Exhibit B attached hereto). If such removal is not completed upon the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall surrender pay Landlord on demand for all costs of removal and storage thereof and for the rental value of 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, for 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 period from the Premises any Alterations end of the Term through the end of the time reasonably 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 for such removal. If Tenant fails Landlord shall also have the right to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after the termination 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 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 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 (Natus Medical 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 for a period of twenty-four (24) months.
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 Texas and by any and all rights governmental agencies having jurisdiction over the Premises as a skilled nursing facility with at least the Minimum Licensed Beds (subject to any reduction in the number of 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 a mutually agreeable 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 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 for a period of one (1) year.
19.2 Upon termination of this Lease for any reason, Tenant will return to Landlord the Premises licensed by the State of Texas and by any and all governmental agencies having jurisdiction over the Premises as a skilled nursing facility with at least the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in Laws relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in Laws relating to the physical attributes of the improvements on the Premises).
19.3 Upon the expiration or earlier termination of this Lease (unless the earlier termination arises from an Event of Default by Tenant under this Lease, in which case the OTA shall be in a form acceptable only to Landlord, in its reasonable discretion), Tenant shall enter into a mutually agreeable operations transfer agreement (the “OTA”) with Landlord in order to provide for the orderly transition of the operation of the facility following the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it . The OTA shall cease, or Landlord may place all or any portion of such property in public storage provide 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, a procedure for the purposes assignment and assumption of this Leaseall 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 leases.applicable Legal Requirements. Lease – Friendswood SNF 21
Appears in 1 contract
Samples: Lease (Summit Healthcare REIT, 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 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 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 (to the extent expressly permitted by Section 13.2 of this Lease) such removal in writing. Tenant shall surrender the Premises Premises, together with all keys and security codes, to Landlord broom clean, in as good a condition as existed after Substantial Completion of the Initial Tenant’s Work, and repairin the condition described on Exhibit H attached hereto, 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: Single Tenant Industrial Triple Net Lease (GenMark Diagnostics, 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 Tenant shall deliver up and surrender to Landlord possession of the Demised Premises upon the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord broom clean, free of debris, in good order, condition and repair, normal wear state of repair and tear and fire shall deliver the keys at the office of Landlord or to any 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 Landlordaddress as Landlord may designate. Tenant shall remove from properly disconnect and tag all low voltage data cabling in the Premises any Alterations required to be removed pursuant to Paragraph 11Demised Premises. Tenant, and all Tenant’s Personal Propertyat its expense, and shall repair any damage occasioned to the Demised Premises or any portion of the Project by reason of installation or removal of any trade fixtures and perform any restoration work caused by such removalother personal property. If Tenant fails to remove such items from the Demised Premises within three (3) Business Days after such expiration or termination, then in any such Alterations and/or event all such trade fixtures and other personal property shall thereupon become the property of Landlord without further act by either party hereto, unless Landlord elects to require their removal, in which case Tenant agrees to promptly remove same and restore the Demised Premises to its prior condition at Tenant’s Personal Propertyexpense. All leasehold improvements to the Demised Premises by Tenant, including, but not limited to, the items furnished pursuant to Landlord’s Work and such failure continues after Tenant’s Work, but excluding trade fixtures, shall become the property of Landlord upon expiration or earlier termination of this Lease; provided, however, that at the time Landlord approves any alterations to the Demised Premises, Landlord may designate by written notice to Tenant those alterations, changes and additions which shall be removed by Tenant at the expiration or termination of this Lease, Landlord may retain in which event Tenant shall, at its expense, promptly remove the same and repair any damage to the Demised Premises caused by such property and all rights of Tenant with respect to it removal, which obligation shall cease, survive the 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 other termination of this Lease, . The obligations of Tenant under this Section shall indemnify Landlord and its Agents against all loss survive the expiration or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes other 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 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 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 of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage governmental agencies having jurisdiction over the Premises as a skilled nursing facility and/or intermediate nursing care facility 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, the Fernhill Facility and the cost Pacific Facility and an intermediate nursing care facility for the Sheridan Facility with at least the Minimum Licensed Beds for each Facility (subject to any reduction in the number of repairing licensed beds required by any governmental authority solely as a result of changes in laws, rules and restoring regulations relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, 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 and Subtenant, as applicable, 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 each 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 the option of terminating licensing requirements for each Facility under all existing subleases or accepting any sublease(s) as a direct lease or leasesapplicable Legal Requirements.
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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 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 broom 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 broom 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 1 contract
Samples: Lease (Zamba Corp)
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 surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and its Agents against all loss or liabilityin their original condition, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Article 6 (Tenant Improvements & Alterations), and repair any damage caused to the Premises or the Property by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the purposes rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any po1tion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises (and any other part of the Property for which Tenant has keys) and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The delivery of keys to the Premises to Landlord or any agent or employee of Landlord shall not constitute a surrender of the Premises or effect a termination of this Lease, shall be construed to mean wear and tear caused to whether or not the Premises, due to the expected and permitted use of the Premises, keys are retained 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 Landlord. 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: Assignment and Assumption of Lease (LendingClub Corp)
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 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 bill xx 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 and tear, Tenant shall given 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 purpose of terminating all existing subleases or accepting any sublease(s) as a direct lease or leasesdetermining Tenant's liabilities for repairs and restoration hereunder.
Appears in 1 contract
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 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, in good condition and repair, normal reasonable wear and tear and loss by fire or other casualty excepted; conditions existing because of Tenant's failure to perform maintenance, with repairs or replacements as required herein, or because of Tenant's particular use of the Leased Premises (even if permitted pursuant to Section 1.04(a) hereof), or because of Tenant's failure to have in force a maintenance contract as required by Section 9.01(b) hereof, shall not be deemed "reasonable wear and tear." Tenant shall deliver to Landlord all interior walls repaired and repainted if damagedkeys to all doors therein. As used herein, the 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 9.02 hereof) whether or not permitted under said Section 9.02. All alterations, all including the Alterations, improvements and additions, temporary or permanent, made in or upon the Leased Premises by Tenant, or made by Landlord on Tenant's behalf, shall become Landlord's property immediately upon installation thereof 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 to restore the Leased Premises to their condition prior to the reasonable satisfaction making of Landlordany such alterations, repairing any damage occasioned by such removal and restoration. Said right shall be exercised by Landlord giving written notice thereof to Tenant shall on or before ten (10) days after any such termination. If Landlord requires removal of any alterations and Tenant does not make such removal in accordance with this Section at the time of such termination, or within thirty (30) 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 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 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 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. 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
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. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good broom-clean condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, prior to the expiration or earlier termination of the Term, Tenant shall surrender the Premises to this Lease (unless Landlord in good condition and repair, normal wear and tear and fire writing directs Tenant otherwise at least thirty (30) days before the expiration date of the Term or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred any extension 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 Premisesrenewal thereof), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises any all Alterations required (subject to be removed pursuant to Paragraph 11Section 12(a) above) and its FFE, partitions, signage, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall not be required to remove any improvements made to the Premises as part of Landlord’s Work other than Tenant specific equipment or any unusual configuration for first class office/flex space that was installed to the Premises for Tenant’s Personal Propertyspecific Use and business operations, and any raised flooring, vaults, and modifications to the Building’s utility and mechanical systems (“Tenant Specific Equipment”). Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. Tenant shall repair any damage resulting from any and perform any restoration work caused by all such removal. If Tenant fails removal(s) and shall restore the Premises to remove good order and the condition existing prior to Landlord’s installation of any such Tenant Specific Equipment and Tenant’s installation of any Alterations and/or FFE. Any of the Alterations, FFE, Tenant Specific Equipment or Tenant’s Personal Propertypersonal property not removed or restored as required herein shall be deemed abandoned, and such failure continues after the termination of this LeaseLandlord, Landlord at Tenant’s expense, may retain such property and all rights of Tenant with respect to it shall ceaseremove, store, sell or Landlord may place all or any portion otherwise dispose of such property in public storage for Tenant’s accountsuch manner as Landlord may see fit and retain such property as its property or sell such property and keep the proceeds. If Tenant shall be liable does not return possession of the Premises to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and in 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 condition required under this Lease, Tenant shall indemnify pay Landlord all resulting damages Landlord may incur. Tenant’s failure to comply with the terms and its Agents against conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all loss legal and equitable remedies available to Landlord.
(b) If Tenant remains in possession of the Premises or liabilityany part thereof after the expiration or earlier termination of this Lease (“Holdover”), without the written consent of Landlord, Tenant’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred fifty percent (150%) of the Monthly Rent payable for the last full month immediately preceding the Holdover for the first month of any such Holdover, and two hundred percent (200%) of the Monthly Rent payable for the last full month immediately preceding the Holdover thereafter, plus in each case, all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. 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. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and, if Tenant fails to surrender the Premises to Landlord on or any time after the Expiration Date in the condition required under this Lease within thirty (30) days after Landlord provides notice to Tenant to vacate (which notice may be provided to Tenant any time prior to the Effective Date, provided, however, in no event shall Tenant be required to surrender the Premises prior to the Expiration Date), Tenant shall also be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and costsconsequential damages, 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 that Landlord suffers as a result of the PremisesHoldover, including 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 based on such delay.
Appears in 1 contract
Samples: Lease Agreement (Ocugen, Inc.)
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 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 other cancellation or termination of the Term (such date, as applicable, being hereinafter referred to as the “Surrender Date”), Tenant shall vacate and surrender possession of the Premises to Landlord in good order, repair and condition, except for ordinary wear and tear and any other damage which Tenant is not obligated to repair in accordance with the provisions of this Lease. Upon the expiration or other termination of the Term, Tenant shall (a) remove all Alterations to the Premises which are required to be removed by Tenant 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, Term pursuant to the terms provisions of Article 10 or any other applicable provisions of this Lease, required and, in connection with the removal of such Alteration, restore the Premises to maintain the HVAC system serving condition existing prior to the Premisesinstallation of such Alterations (it being understood that such removal and restoration shall be performed subject to the provisions of Article 10 of this Lease), and (b) remove all floors cleanedof Tenant’s trade fixtures, all to office furniture, office equipment and other personal property from the reasonable satisfaction of LandlordPremises. Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and promptly repair any damage and perform any restoration work caused by such removal. If Tenant fails removal or, at Landlord’s option, pay Landlord within thirty (30) days after demand the reasonable cost of repairing any damage 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, Premises 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 Building caused by the removal of any such Alterations and items. Landlord shall furnish reasonable supporting documentation for such costs to Tenant promptly after Tenant’s Personal Property request. Any of Tenant’s property remaining in the Premises will be conclusively deemed to have been abandoned by Tenant and storage and transportation costs may be appropriated, stored, sold, destroyed or otherwise disposed of sameby Landlord without further notice to or demand upon Tenant, and the cost of repairing without liability or obligation to account to or compensate Tenant, and restoring the Premises, together with interest at the Interest Rate from the date of expenditure Tenant will pay Landlord within thirty (30) days after demand all costs incurred by LandlordLandlord relating to such abandoned property. If the Premises are not so surrendered at the termination of this Lease, Landlord shall furnish reasonable supporting documentation for such costs to 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 promptly after 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 leasesrequest.
Appears in 1 contract
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. (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 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 the Premises Tenant's personal property, (other than cabling and telephone equipment) and any Alterations required to be removed pursuant to Paragraph 11, Trade Fixtures and all Tenant’s Personal PropertyAlterations 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 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 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 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 order, condition and repair, normal ordinary wear and tear tear, casualty and fire or other casualty damage caused by Landlord excepted. Notwithstanding the foregoing, with all interior walls repaired Landlord may, in Landlord’s sole discretion and repainted if damagedat no cost to Landlord, 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 require Tenant to leave any Special Installations 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 which Landlord has designated to remain in the Premises) within 2 days after the termination of this LeaseLease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, within 30 days after Landlord’s written demand, the removal expenses and storage charges incurred for Tenant’s Removable Property. If Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, Landlord may retain 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 cease, or Landlord may place all or any portion of such property be deemed to be immediately vested in public storage for Tenant’s accountLandlord. Tenant shall be liable to Landlord for costs of repair damage caused by the installation or removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of sameRemovable Property. If, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from time Tenant requests Landlord’s consent to the date installation of expenditure by Landlord. If any Special Installations, Tenant requests Landlord to notify Tenant whether such Special Installations must be removed upon the Premises are not so surrendered at the expiration or earlier termination of this Lease, then, concurrently with Landlord’s delivery of written consent to such Special Installations, Landlord shall notify Tenant whether such Special Installation must be so removed. If Landlord states that such Special Installation is not required to be removed, Tenant shall indemnify Landlord and its Agents against all loss have no obligation to remove such Special Installation upon the expiration or liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes earlier 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 (EverCommerce Inc.)
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. 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. 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 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 (a) Tenant agrees that on the expiration or earlier termination last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (i) in good condition and repairrepair (damage by acts of God, fire, and normal wear and tear and fire or other casualty excepted), but with all interior walls repaired and repainted if damagedpainted or cleaned so they appear painted and, all where appropriate, patched, any carpets shampooed and cleaned, all brokenfloors cleaned and waxed, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, and all interior sides of windows washed, the plumbing and electrical systems and lighting fixtures in good condition and working order and, where appropriate, capped, and repair(ii) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, including replacement or Tenant otherwise performing all of any burned out its obligations under this Lease. On or broken light bulbs before the expiration 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 sooner termination of this Lease, required to maintain the HVAC system serving Tenant shall, in accordance with this Paragraph 11, and at Tenant's sole cost and expense, remove, and repair any damage caused by such removal, (A) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises), the Building and the Project and (B) all Tenant Improvements 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 1112 and Exhibit B. Any of Tenant's Property not so removed by Tenant as 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 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 disposition of such property in public storage for Tenant’s account. property; provided, however, that Tenant shall be remain liable to Landlord for all costs incurred in storing and disposing of removal such abandoned property of any such Tenant. All Tenant Improvements and Alterations except those which Tenant is required to remove pursuant to Paragraph 12 and Tenant’s Personal Property and storage and transportation costs Exhibit B shall remain in the Premises as the property 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 end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 11 and Paragraph 32(h) below, Tenant shall indemnify indemnify, defend and hold Landlord harmless from and its Agents against any and all loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.
(b) Notwithstanding Paragraph 11 (a) above, with respect to all R&D Space, as defined below, within the Premises, Tenant shall, on the last day of the Term or on the sooner termination of this Lease, surrender such space to Landlord as follows:
(i) The Allowable R&D Space, as defined below, shall be surrendered to Landlord in the condition specified in clauses (i) and (ii) of Paragraph 11 (a) above, except that Tenant shall not be required to paint or patch any interior walls located within the Allowable R&D Space.
(ii) The Additional R&D Space, as defined below, shall be surrendered to Landlord in the condition specified in clauses (i) and (ii) of Paragraph 11
(a) above. Normal wear In addition, Tenant shall pay to Landlord on or before the last day of the Term or on the sooner termination of this Lease, the costs, as reasonably determined by Landlord, necessary to remove all Tenant Improvements and tearAlterations required to be removed under Paragraph 12 and EXHIBIT B, and otherwise to surrender the Premises in a condition ready for Landlord to commence build-out of such space for a succeeding tenant.
(c) For the purposes of this LeaseParagraph 11, the following definitions shall apply:
(i) ALLOWABLE R&D SPACE shall mean that portion of R&D Space within the Premises that, in the aggregate, does not exceed [*], the location of which shall be construed reasonably designated by Landlord in a notice to mean wear and tear caused Tenant given not later than ninety (90) days prior to the Premises, due to the expected and permitted use of the Premises, by a natural aging process which occurs Expiration Date (except 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 a termination of this LeaseLease prior to the scheduled Expiration Date, in which event, no advance notice shall be required).
(ii) ADDITIONAL R&D SPACE shall mean that portion of R&D Space within the Premises in excess of the maximum Allowable R&D Space under Paragraph 11(c)(i) above, provided that the Additional R&D Space shall not exceed an aggregate of [*] square feet. The location of the Additional R&D Space shall be reasonably designated by Landlord in a notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event, no advance notice shall have be required).
(iii) R&D SPACE shall mean space that has been improved for research and development, product development, light prototype manufacturing, engineering, evaluation and testing activities and that, without reconfiguration, cannot be used for standard office use, all as determined by Landlord in its reasonable discretion based upon market conditions generally existing at the option of terminating all existing subleases or accepting time.
(d) Notwithstanding anything in this Lease to the contrary, in no event shall the R&D Space comprise, at any sublease(s) as a direct lease or leasestime during the Term, more than [*].
Appears in 1 contract
Samples: Lease Agreement (Corixa Corp)
Surrender. Upon Subject to the provisions of this Sublease, the Master Lease and the Master Sublease regarding damage or destruction due to casualty or condemnation, upon the expiration or earlier termination of the Termthis Sublease, Tenant Sublessee shall surrender the Sublease Premises to Landlord broom clean and in good the same condition and repairrepair as the Sublease Premises were delivered to Sublessee, normal excepting only ordinary wear and tear and fire in compliance with the Master Lease and the Master Sublease. To the extent permitted by Master Lessor and Master Sublessor, Sublessee shall be permitted to remove any and all of its personal property, business or other casualty exceptedtrade fixtures, with all interior walls repaired and repainted if damagedmachinery, all carpets shampooed and cleanedequipment, all brokencabinetwork, marred signs, furniture and/or movable partitions. Furthermore, Sublessee agrees to repair any damage to the Sublease Premises caused by or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, related to the plumbing and electrical systems and lighting in good order and repair, including replacement removal of any burned out articles of personal property, business or broken light bulbs trade fixtures, machinery, equipment, cabinetwork, signs, furniture, movable partitions or ballastspermanent improvements or additions which Sublessor allows or requires Sublessee to remove, including, without limitation, repairing the HVAC equipment serviced floor and repaired patching and/or painting the walls where 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 Sublessor to the reasonable satisfaction of LandlordSublessor, Master Lessor and/or Master Sublessor, all at Sublessee's sole cost and expense. 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 Sublessee shall indemnify Landlord and its Agents Sublessor against all any loss or liability, including attorneys’ fees and costs, liability resulting from delay by Tenant Sublessee in so surrendering the Sublease Premises, including, without limitation, any claims made by the Master Lessor, Master Sublessor and/or any succeeding tenant founded on such delay. Normal wear and tear, for Such indemnity obligation shall survive the purposes expiration or earlier 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 leasesSublease.
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 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 of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage governmental agencies having jurisdiction over the Premises as a skilled nursing facility and/or intermediate nursing care facility 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, the Fernhill Facility and the cost Pacific Facility and an intermediate nursing care facility for the Sheridan Facility with at least the Minimum Licensed Beds for each Facility (subject to any reduction in the number of repairing licensed beds required by any governmental authority solely as a result of changes in laws, rules and restoring regulations relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, 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 each 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 the option of terminating licensing requirements for each 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 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 10.1 On the expiration Expiration Date, or upon the earlier termination of the TermSublease or of Subtenant’s right to possession of the Premises, Tenant shall Subtenant must at once surrender and deliver up the Premises Premises, together with all improvements thereon, to Landlord Sublandlord in good condition and repair, normal reasonable wear and tear expected: 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 fire tear.”
10.2 Subtenant shall remove any of its personal property and fixtures incident to Subtenant’s business (“subtenant’s Property”) prior to the Expiration Date or other casualty exceptedupon the earlier termination of this Sublease or of Subtenant’s right to possession. Subtenant shall not be required to remove the improvements installed as part of Sublandlord Work (except insofar as the same are not general office improvements or include high density filing systems, with all interior walls repaired computer mainframes, libraries, telecom nodes, satellite dishes and repainted if damagedsigns), all carpets shampooed but shall be required to remove any Subtenant Alterations it construed or installed pursuant to Section 8.3 of this Sublease, unless Sublandlord has instructed Subtenant otherwise, in writing. All Subtenant Alterations and cleanedSubtenant Improvements in or upon the Premises Subtenant is not required to remove will become a part of and will remain upon the Premises upon the Expiration Date or earlier termination of this Sublease or of Subtenant’s right to possession without compensation, all brokenallowance or credit to Subtenant. Subtenant shall repair any damage occasioned by such removal of the Subtenant Alterations, marred and/or Subtenant’s Property, which obligation will survive termination of this Sublease. If Sublandlord 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 Master Landlord required 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 costs of such removal, repair and/or storage on demand.
10.3 Subtenant will not be required to remove any alterations or improvements made by Sublandlord prior to the Effective Date. 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 prior to the Expiration Date, 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 the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Master 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: Sub Sublease Agreement (Enernoc 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 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 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 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 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 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. 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. 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 Tenant shall, upon the expiration or earlier termination of the Termthis Lease, Tenant shall peaceably surrender the Premises Leased Premises, including the Tenant Improvement Work and Tenant's improvements and/or alterations installed pursuant to Landlord Article 7, in a janitorial clean condition and otherwise in as good condition and repairas when Tenant took possession, normal except for (i) reasonable wear and tear and subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss 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 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)casualty, 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 (iii) loss by such removalcondemnation. If Tenant fails 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, elect 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 part of such personal property from the Leased Premises, and the reasonable costs incurred by Landlord in public connection with such removal, including 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 any damage to the Leased Premises, together with interest at the Interest Rate from Building and/or the date Property caused by such removal shall be paid by Tenant within 30 days after receipt of expenditure by Landlord's statement. If Upon the Premises are not so surrendered at the expiration or-earlier termination of this Lease, Tenant shall indemnify surrender to Landlord 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 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 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. 16.
Appears in 1 contract
Samples: Lease Agreement (Suntek Corp)
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 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. 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 any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Propertytelephone and electronic cabling and security systems installed in the Building by Tenant, personal property and any Trade Fixtures and all Alterations and Minor Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage 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 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 . In no event shall have Tenant be required to remove 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 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 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. 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. 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 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 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. 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.
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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.
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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 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 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 the expiration or earlier termination of this Lease or the Termtermination of Tenant’s right to possession of the Premises, (i) Tenant shall quit and surrender possession of the Premises to Landlord Landlord, broom clean and in a good condition and repair, normal ordinary wear and tear and fire or other casualty excepted, and (ii) provide Landlord with the keys to all interior walls repaired locks and repainted the combination of all safes, cabinets and vaults, if damagedany, at the Premises. Before surrendering possession of the Premises to Landlord, Tenant shall, at its expense, remove all carpets shampooed of its furnishings, equipment, trade fixtures, merchandise, signs and cleanedother personal property, and Tenant shall promptly repair 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 damage 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 Premises resulting 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 removal of such removalitems. If Tenant fails to remove any such Alterations and/or Tenant’s Personal Property, and such failure continues after of the foregoing items from the Premises by the expiration or termination of this Lease or the termination of this LeaseTenant’s right to possession of the Premises, then Landlord may retain such property and all rights may, at its sole option, (i) treat Tenant as a holdover tenant, in which event the provisions of Tenant with respect to it Section 19.6 shall ceaseapply, or Landlord may place (ii) deem any or all or any portion of such property items abandoned and dispose of same in public storage for Tenant’s account. any manner Landlord sees fit and retain all amounts received therefrom, in which event Tenant shall be liable reimburse Landlord, upon demand, for all costs incurred by Landlord to Landlord for costs remove and dispose of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of sameitems, and including, without limitation, the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If any damage to the Premises are not so surrendered at caused by the removal of such items and storage charges (if Landlord elects to store the same). Upon the expiration or earlier termination of this Lease or 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 Tenant’s right to mean wear and tear caused to the Premises, due to the expected and permitted use possession of the Premises, Tenant shall, with reasonable diligence, remove the alterations, additions and improvements to the Premises installed by a natural aging process which occurs in spite or on behalf of prudent application of the best standards for maintenanceTenant, repair including, but not limited to, all remove all low voltage wires, telephone and janitorial practices computer systems and related installations, cables and wiring, to the extent required by Landlord in writing, repair any damage resulting from the removal of such items, and restore the areas where the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, were located 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 leasestheir original condition.
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 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, 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 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.
Appears in 1 contract
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.
Appears in 1 contract
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. 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 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 by any person other than Landlord, its agents, employees, contractors or invitees (or Hazardous Materials brought upon, kept or used in or about the Project by Tenant or any of its agents, employees, contractors or invitees) 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 (Avigen Inc \De)
Surrender. Upon the expiration or earlier termination of the TermLease, Tenant shall will surrender the Premises and the Landlord Personalty to Landlord in good the condition which Tenant is required to maintain the Premises and repairthe Landlord Personalty under this Lease. Tenant will not be obligated to repair any damage which Landlord is required to repair under Article 11 (Casualty and Condemnation). Except as provided below, Landlord may require Tenant, at its expense, to remove any alterations, additions or improvements made by Tenant prior to the expiration or earlier termination of the Lease, and to restore the Premises to their condition as of the Commencement Date, normal wear and tear excepted. Specifically, Tenant will restore or replace any portion of the wall, floor, ceiling, door or wall surfaces and fire floor coverings within the Premises which have been scratched, gouged, broken, stained, burned, torn, or otherwise marred by Tenant’s operations within the Premises during the Lease Term or as a result of removal of Tenant’s property, and Tenant agrees to reasonably clean such surfaces of dirt, grease, paint, tar marks, or other casualty excepteddiscoloration prior to surrendering the Premises to Landlord and shall deliver the Premises in a broom clean condition. With respect to any alterations, with all interior walls repaired and repainted if damagedadditions or improvements which require Landlord’s approval, 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 Landlord will specify 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 (writing if Tenant will be required to remove the same at the time of such approval. Any work which Tenant is not required to remove will, at Landlord’s option, become Landlord’s property and will be surrendered to Landlord upon the expiration or earlier termination of the Lease, except that Tenant may remove any time, pursuant of Tenant’s machinery or equipment which can be removed without damage 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. Premises so long as Tenant shall remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair repairs any damage and perform any restoration work caused by such removal. If Tenant fails Landlord shall have the right to remove any such Alterations and/or and dispose of, at Tenant’s Personal Propertyexpense, and such failure continues after personal property of Tenant remaining in the Premises 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 liability in connection herewith shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at survive the termination or expiration of this Lease, Tenant shall indemnify Landlord 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
