Vacating the Premises. 5.12.1 At the expiry or sooner determination of the Term, the Tenant must:- (a) have complied with all its obligations specified in Clause 5.12.2; and (b) vacate the Premises and yield up the Premises to the Landlord together with all keys of the Premises and the keys of all mailboxes for the Premises. 5.12.2 Prior to vacating the Premises, the Tenant must at its cost carry out the reinstatement works to restore the Premises to its Original Condition (except fair wear and tear) as set out in the Tenants’ Guide and in accordance with the Landlord’s additional reinstatement requirements (‘Reinstatement Works’). 5.12.3 If the Tenant took over fixtures, fittings and/or furniture of any previous occupant, the Reinstatement Works shall include the removal all such fixtures, fittings and furniture. 5.12.4 If the Tenant fails to comply with any of its obligations set out above, the Landlord may carry out the Reinstatement Works (or such part thereof as may remain uncompleted) at the Tenant’s cost and expense. 5.12.5 If the Landlord carries out such Reinstatement Works:- (a) the Landlord must complete the works within a reasonable period; and (b) the Tenant must pay the Landlord immediately on demand: (i) all the Landlord’s costs together with Interest from the date of expenditure to the date they are paid by the Tenant to the Landlord (such expenses and Interest to be recoverable as if they were rent in arrears); (ii) a sum (the ‘Additional Sum’) equivalent to the Gross Rent calculated based on the period (the ‘Reinstatement Period’) taken by the Landlord to complete the works. 5.12.6 If the Landlord is agreeable that the Reinstatement Works be delayed with the intent of procuring a replacement tenant to take over the Tenant’s fixtures and fittings, the Landlord shall be entitled to require the Tenant to pay a further sum to be determined by the Landlord by reference to the costs and expenses that would be required to complete such Reinstatement Works (the ‘Further Sum’). If such replacement tenant agrees to take over the Tenant’s fixtures and fittings, the Tenant shall be deemed to have consented to the transfer of its title in the fixtures and fittings to the replacement tenant and upon:- (a) the Tenant issuing a written confirmation to that effect; and (b) the replacement tenant undertaking in writing to take over the Tenant’s fixtures and fittings and agreeing in writing to reinstate the Premises, the Further Sum shall be refunded to the Tenant. If paragraph (a) and/or paragraph (b) above is/are not fulfilled within three (3) months (or such other period as the Landlord may stipulate) from the date of the expiry or sooner determination of the Term, then the Landlord shall be entitled to retain the entire Further Sum and remove, dispose or deal with the Tenant’s fixtures and fittings as the Landlord deems fit and all proceeds from the disposal (if any) shall be retained by the Landlord. 5.12.7 A statement from the Landlord of the costs incurred, the Additional Sum and the Further Sum is conclusive and binding on the Tenant (save for manifest error).
Appears in 2 contracts
Samples: Lease Agreement (Fluidigm Corp), Lease Agreement (Ultratech Inc)
Vacating the Premises. 5.12.1 At 15.1.1. The Tenant undertakes to vacate the expiry Leased Premises on the date of vacating the Leased Premises, and shall return possession thereof to the Landlord and/or to anyone so instructed by the Landlord, free from any person or sooner determination object belonging to the Tenant. This is subject to normal wear and tear resulting from ordinary use. The Leased Premises shall include any renovation, improvement, addition, modification or repair of the TermLeased Premises. Notwithstanding, the Tenant must:-shall be entitled to remove and take any addition it had installed, provided that it returns the Leased Premises to its original state, undamaged and in good condition, with the exception of normal wear and tear.
(a) 15.1.2. Should the Agreement be terminated as a result of the Tenant’s breach thereof under the circumstances set forth herein, or in any other instance in which the Leased Premises have complied with all its obligations specified in Clause 5.12.2; and
(b) vacate been vacated for any other reason, the Leased Premises and yield up the Premises shall be delivered to the Landlord together or to anyone so instructed by the Landlord, complete with all keys any renovation, improvement, modification or repair made to the Leased Premises. Nevertheless, the Tenant shall be permitted to remove and take any addition it had installed, provided that it returns the Leased Premises to its original state, undamaged and in good condition, with the exception of normal wear and tear.
15.2. Without derogating from any other right of the Landlord under this Agreement and/or under any law, the Tenant undertakes that should it fail to vacate the Leased Premises in accordance with Section 15.1 above, the following conditions will apply:
15.2.1. For the period between the date originally designated for vacating the Leased Premises and the keys actual date of all mailboxes for the Premises.
5.12.2 Prior to vacating the Premisesvacating, the Tenant must at its cost carry out the reinstatement works to restore the Premises to its Original Condition (except fair wear and tear) as set out in the Tenants’ Guide and in accordance with the Landlord’s additional reinstatement requirements (‘Reinstatement Works’).
5.12.3 If the Tenant took over fixtures, fittings and/or furniture of any previous occupant, the Reinstatement Works shall include the removal all such fixtures, fittings and furniture.
5.12.4 If the Tenant fails to comply with any of its obligations set out above, the Landlord may carry out the Reinstatement Works (or such part thereof as may remain uncompleted) at the Tenant’s cost and expense.
5.12.5 If the Landlord carries out such Reinstatement Works:-
(a) the Landlord must complete the works within a reasonable period; and
(b) the Tenant must pay the Landlord immediately on demand:
(i) all an amount equal to twice the amount of the last installment of the Rent that it had paid to the Landlord’s costs together with Interest from the date of expenditure to the date they are paid , for each month or any part thereof. The Tenant declares that this amount has been determined and agreed by the Tenant to parties as fixed damage fees that have been agreed in advance. These fees have been estimated by the Landlord (such expenses and Interest to be recoverable parties in advance, with discretion, as if they were rent in arrears);
(ii) a sum (the ‘Additional Sum’) equivalent to reasonable amount of the Gross Rent calculated based on the period (the ‘Reinstatement Period’) taken damage incurred by the Landlord for failure to complete vacate the worksLeased Premises in a timely fashion.
5.12.6 If the Landlord is agreeable that the Reinstatement Works be delayed with the intent of procuring a replacement tenant to take over the Tenant’s fixtures and fittings, the 15.2.2. The Landlord shall be entitled to require claim and to receive from the Tenant to pay a further sum to be determined by any payment, tax, obligation, expense or any other payment for the Landlord by reference to period between the costs date originally designated for vacating the Leased Premises and expenses that would be required to complete such Reinstatement Works (the ‘Further Sum’)actual date of vacating, as if the Lease Period had continued. If such replacement tenant agrees to take over This shall not derogate from the Tenant’s fixtures and fittingsobligation to vacate the Leased Premises. Nothing in receiving the above-detailed amounts creates a leasing relationship between the parties, with respect to the period following the date of vacating the Leased Premises.
15.2.3. The Tenant declares that the Landlord and/or anyone on its behalf shall not be liable in any way whatsoever for any damage whatsoever suffered by the Tenant, insofar as any such damage existed, for any activity whatsoever that is connected to evicting the Tenant shall be deemed to have consented to and/or equipment and/or property from the transfer Leased Premises and/or for the storage of its title in the fixtures equipment and fittings to the replacement tenant and upon:-
(a) the Tenant issuing property that is required as a written confirmation to that effect; and
(b) the replacement tenant undertaking in writing to take over result of the Tenant’s fixtures and fittings and agreeing failure to vacate the Leased Premises in writing to reinstate the Premisesa timely fashion, the Further Sum shall be refunded to the Tenant. If paragraph (a) and/or paragraph (b) above is/are not fulfilled within three (3) months (or such other period as provided that the Landlord may stipulate) from the date of the expiry or sooner determination of the Term, then the Landlord shall be entitled and/or anyone on its behalf is not to retain the entire Further Sum and remove, dispose or deal with the Tenant’s fixtures and fittings as the Landlord deems fit and all proceeds from the disposal (if any) shall be retained by the Landlordblame for said damage.
5.12.7 A statement from the Landlord of the costs incurred, the Additional Sum and the Further Sum is conclusive and binding on the Tenant (save for manifest error).
Appears in 1 contract
Vacating the Premises. 5.12.1 At the expiry or sooner determination of the Term, the Tenant must:-
(a) have complied with all its obligations specified in Clause 5.12.2; and
(b) A. The Lessee hereby promises to vacate the Premises at the end of the Lease Term or upon cancelation of this Agreement, whichever is earlier and yield up as the case may be, and to return the Premises to the Landlord together Lessor's exclusive possession in the condition that it was in on the Delivery Date, clean and repainted with all keys of Tambor Supercryl paint (in the color the Premises were received), subject to reasonable and the keys of all mailboxes for the Premisesacceptable wear and tear.
5.12.2 Prior B. In addition, and without derogating from the relief and remedies available to the Lessor under the provisions of this Agreement and/or the provisions of any law, the Lessee hereby promises that should it fail to vacate the Premises as stated in sub-Clause A above, it shall pay the Lessor usage fees agreed upon and set in advance in the sum $569 ((the equivalent of three times the daily Lease Fee). This sum shall be linked to the index from the basic index through to the index published on the date the Premises must be vacated pursuant to sub-clause A. above, until the index published on the date of actual payment.
C. Upon vacating the Premises, the Tenant must Lessee may take with it all movable appliances, excluding permanent systems, that it placed in the Premises at its cost carry out expense and which are able to be disassembled (hereinafter: "the reinstatement works Appliances"), provided that the Lessee bears the expense of any repair required due to the aforementioned disassembly in order to restore the Premises to its Original Condition (except fair wear and tear) the condition it was in on the Delivery Date as set out in sub-Clause A above. Such repairs shall be completed prior to the Tenants’ Guide and in accordance with end of the Landlord’s additional reinstatement requirements (‘Reinstatement Works’).
5.12.3 Lease Term or prior to cancelation thereof pursuant to this Agreement. If the Tenant took over fixtures, fittings and/or furniture of any previous occupant, the Reinstatement Works shall include the removal all such fixtures, fittings and furniture.
5.12.4 If the Tenant Lessee fails to comply with disassemble the fixtures or any of its obligations part thereof as set out above, the Landlord may carry Lessor shall be entitled, at its discretion, to demand the disassembly and removal thereof, or, alternatively, to receive title to them without any obligation to pay any indemnification and/or refund. Should the Lessor demand the removal of such fixtures within 7 days of the termination or cancelation of the Lease Term, then, for the purposes of the payment of usage fees as set out the Reinstatement Works (or such part thereof as may remain uncompleted) at the Tenant’s cost and expense.
5.12.5 If the Landlord carries out such Reinstatement Works:-
(a) the Landlord must complete the works within a reasonable period; and
(b) the Tenant must pay the Landlord immediately on demand:
(i) all the Landlord’s costs together with Interest from the date of expenditure to the date they are paid by the Tenant to the Landlord (such expenses and Interest to be recoverable as if they were rent in arrears);
(ii) a sum (the ‘Additional Sum’) equivalent to the Gross Rent calculated based on the period (the ‘Reinstatement Period’) taken by the Landlord to complete the works.
5.12.6 If the Landlord is agreeable that the Reinstatement Works be delayed with the intent of procuring a replacement tenant to take over the Tenant’s fixtures and fittingssub-Clause B above, the Landlord shall be entitled to require the Tenant to pay a further sum to be determined by the Landlord by reference to the costs and expenses that would be required to complete such Reinstatement Works (the ‘Further Sum’). If such replacement tenant agrees to take over the Tenant’s fixtures and fittings, the Tenant Lessee shall be deemed not to have consented vacated the Premises for so long as the Lessee does not disassemble and remove the Fixtures from the Premises and does not return the Premises to the transfer of its title condition that it was in the fixtures and fittings to the replacement tenant and upon:-
(a) the Tenant issuing a written confirmation to that effect; and
(b) the replacement tenant undertaking in writing to take over the Tenant’s fixtures and fittings and agreeing in writing to reinstate the Premises, the Further Sum shall be refunded to the Tenant. If paragraph (a) and/or paragraph (b) above is/are not fulfilled within three (3) months (or such other period as the Landlord may stipulate) from the date of the expiry or sooner determination of the Term, then the Landlord shall be entitled to retain the entire Further Sum and remove, dispose or deal with the Tenant’s fixtures and fittings as the Landlord deems fit and all proceeds from the disposal (if any) shall be retained by the Landlord.
5.12.7 A statement from the Landlord of the costs incurred, the Additional Sum and the Further Sum is conclusive and binding on the Tenant (save for manifest error)Delivery Date.
Appears in 1 contract
Samples: Lease Agreement (Optical Access Inc)
Vacating the Premises. 5.12.1 At the expiry or sooner determination of the Term, the Tenant must:-
(a) have complied with all its obligations specified in Clause 5.12.2; and
(b) A. The Lessee hereby undertakes to vacate the Premises at the end of the Lease Period or upon rescission this Agreement, whichever is the earlier, and yield up as the case may be, and to return the Premises to the Landlord together with all keys Lessor's exclusive possession in the condition that it was in on the Delivery Date, subject to reasonable and acceptable wear and tear.
B. In addition, and without derogating from the relief and remedies available to the Lessor under the provisions of this Agreement and/or the provisions of any law, the Lessee hereby promises that should it fail to vacate the Premises as stated in sub-Clause A above, it shall pay the Lessor usage fees agreed upon and set in advance in the keys sum equivalent of all mailboxes for three times the Premisesdaily Lease Fee). This sum shall be linked to the index from the basic index through to the index published on the date the Premises must be vacated pursuant to sub-clause A. above, until the index published on the date of actual payment.
5.12.2 Prior to C. Upon vacating the Premises, the Tenant must Lessee may take with it all movable appliances, excluding permanent systems, that it placed in the Premises at its cost carry out expense and which are able to be disassembled (hereinafter: "the reinstatement works Appliances"), provided that the Lessee bears the expense of any repair required due to the aforementioned disassembly in order to restore the Premises to its Original Condition (except fair wear and tear) the condition it was in on the Delivery Date as set out in sub-Clause A above. Such repairs shall be completed prior to the Tenants’ Guide and in accordance with end of the Landlord’s additional reinstatement requirements (‘Reinstatement Works’).
5.12.3 Lease Period or prior to cancelation thereof pursuant to this Agreement. If the Tenant took over fixtures, fittings and/or furniture of any previous occupant, the Reinstatement Works shall include the removal all such fixtures, fittings and furniture.
5.12.4 If the Tenant Lessee fails to comply with disassemble the fixtures or any of its obligations part thereof as set out above, the Landlord may carry Lessor shall be entitled, at its discretion, to demand the disassembly and removal thereof, or, alternatively, to receive title to them without any obligation to pay any indemnification and/or refund. Should the Lessor demand the removal of such fixtures within 7 days of the termination or cancelation of the Lease Period, then, for the purposes of the payment of usage fees as set out the Reinstatement Works (or such part thereof as may remain uncompleted) at the Tenant’s cost and expense.
5.12.5 If the Landlord carries out such Reinstatement Works:-
(a) the Landlord must complete the works within a reasonable period; and
(b) the Tenant must pay the Landlord immediately on demand:
(i) all the Landlord’s costs together with Interest from the date of expenditure to the date they are paid by the Tenant to the Landlord (such expenses and Interest to be recoverable as if they were rent in arrears);
(ii) a sum (the ‘Additional Sum’) equivalent to the Gross Rent calculated based on the period (the ‘Reinstatement Period’) taken by the Landlord to complete the works.
5.12.6 If the Landlord is agreeable that the Reinstatement Works be delayed with the intent of procuring a replacement tenant to take over the Tenant’s fixtures and fittingssub-Clause B above, the Landlord shall be entitled to require the Tenant to pay a further sum to be determined by the Landlord by reference to the costs and expenses that would be required to complete such Reinstatement Works (the ‘Further Sum’). If such replacement tenant agrees to take over the Tenant’s fixtures and fittings, the Tenant Lessee shall be deemed not to have consented vacated the Premises for so long as the Lessee does not disassemble and remove the Fixtures from the Premises and does not return the Premises to the transfer of its title condition that it was in on the fixtures and fittings to the replacement tenant and upon:-
(a) the Tenant issuing a written confirmation to that effect; and
(b) the replacement tenant undertaking in writing to take over the Tenant’s fixtures and fittings and agreeing in writing to reinstate the Premises, the Further Sum shall be refunded to the Tenant. If paragraph (a) and/or paragraph (b) above is/are not fulfilled within three (3) months (or such other period as the Landlord may stipulate) from the date of the expiry or sooner determination of the Term, then the Landlord shall be entitled to retain the entire Further Sum and remove, dispose or deal with the Tenant’s fixtures and fittings as the Landlord deems fit and all proceeds from the disposal (if any) shall be retained by the LandlordDelivery Date.
5.12.7 D. The provisions of sub-clauses A statement from the Landlord - C above are fundamental provisions of the costs incurred, the Additional Sum and the Further Sum is conclusive and binding on the Tenant (save for manifest error)this Agreement.
Appears in 1 contract
Samples: Lease Agreement (Optical Access Inc)
Vacating the Premises. 5.12.1 At the expiry or sooner determination of the Term, the Tenant must:-
(a) have complied with all its obligations specified in Clause 5.12.2; and
(b) A. The Lessee hereby promises to vacate the Premises at the end of the Lease Term or upon cancelation of this Agreement, whichever is earlier and yield up as the case may be, and to return the Premises to the Landlord together Lessor's exclusive possession in the condition that it was in on the Delivery Date, clean and repainted with all keys of Tambor Supercryl paint (in the color the Premises were received), subject to reasonable and the keys of all mailboxes for the Premisesacceptable wear and tear.
5.12.2 Prior B. In addition, and without derogating from the relief and remedies available to the Lessor under the provisions of this Agreement and/or the provisions of any law, the Lessee hereby promises that should it fail to vacate the Premises as stated in sub-Clause A above, it shall pay the Lessor usage fees agreed upon and set in advance in the sum of three times the daily Lease Fees to which the Lessor is entitled for each day. This sum shall be linked to the index from the basic index through to the index published on the date the Premises are actually vacated.
C. Upon vacating the Premises, the Tenant must Lessee may take with it all movable appliances, excluding permanent systems, that it placed in the Premises at its cost carry out expense and which are able to be disassembled (hereinafter: "the reinstatement works Appliances"), provided that the Lessee bears the expense of any repair required due to the aforementioned disassembly in order to restore the Premises to its Original Condition (except fair wear and tear) the condition it was in on the Delivery Date as set out in sub-Clause A above. Such repairs shall be completed prior to the Tenants’ Guide and in accordance with end of the Landlord’s additional reinstatement requirements (‘Reinstatement Works’).
5.12.3 Lease Term or prior to cancelation thereof pursuant to this Agreement. If the Tenant took over fixtures, fittings and/or furniture of any previous occupant, the Reinstatement Works shall include the removal all such fixtures, fittings and furniture.
5.12.4 If the Tenant Lessee fails to comply with disassemble the fixtures or any of its obligations part thereof as set out above, the Landlord may carry Lessor shall be entitled, at its discretion, to demand the disassembly and removal thereof, or, alternatively, to receive title to them without any obligation to pay any indemnification and/or refund. Should the Lessor demand the removal of such fixtures within 7 days of the termination or cancelation of the Lease Term, then, for the purposes of the payment of usage fees as set out the Reinstatement Works (or such part thereof as may remain uncompleted) at the Tenant’s cost and expense.
5.12.5 If the Landlord carries out such Reinstatement Works:-
(a) the Landlord must complete the works within a reasonable period; and
(b) the Tenant must pay the Landlord immediately on demand:
(i) all the Landlord’s costs together with Interest from the date of expenditure to the date they are paid by the Tenant to the Landlord (such expenses and Interest to be recoverable as if they were rent in arrears);
(ii) a sum (the ‘Additional Sum’) equivalent to the Gross Rent calculated based on the period (the ‘Reinstatement Period’) taken by the Landlord to complete the works.
5.12.6 If the Landlord is agreeable that the Reinstatement Works be delayed with the intent of procuring a replacement tenant to take over the Tenant’s fixtures and fittingssub-Clause B above, the Landlord shall be entitled to require the Tenant to pay a further sum to be determined by the Landlord by reference to the costs and expenses that would be required to complete such Reinstatement Works (the ‘Further Sum’). If such replacement tenant agrees to take over the Tenant’s fixtures and fittings, the Tenant Lessee shall be deemed not to have consented vacated the Premises for so long as the Lessee does not disassemble and remove the Fixtures from the Premises and does not return the Premises to the transfer of its title condition that it was in the fixtures and fittings to the replacement tenant and upon:-
(a) the Tenant issuing a written confirmation to that effect; and
(b) the replacement tenant undertaking in writing to take over the Tenant’s fixtures and fittings and agreeing in writing to reinstate the Premises, the Further Sum shall be refunded to the Tenant. If paragraph (a) and/or paragraph (b) above is/are not fulfilled within three (3) months (or such other period as the Landlord may stipulate) from the date of the expiry or sooner determination of the Term, then the Landlord shall be entitled to retain the entire Further Sum and remove, dispose or deal with the Tenant’s fixtures and fittings as the Landlord deems fit and all proceeds from the disposal (if any) shall be retained by the Landlord.
5.12.7 A statement from the Landlord of the costs incurred, the Additional Sum and the Further Sum is conclusive and binding on the Tenant (save for manifest error)Delivery Date.
Appears in 1 contract
Samples: Lease Agreement (Optical Access Inc)