Common use of Yield Up Clause in Contracts

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Lease.

Appears in 3 contracts

Samples: Lease (AxoGen, Inc.), AxoGen, Inc., AxoGen, Inc.

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Yield Up. Tenant shall, at Upon the expiration or earlier termination of the term Term or Tenant’s right to possession of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs wherever located; repair all damage caused by such removal; and vacate and yield up shall return the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as to Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Leasecondition, ordinary wear, only, excepted. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves the right either to require Tenant to remove any Alterations (excepting Tenant’s initial improvements or Tenant’s Work) (as defined in Section 3.5.1) installed in the Building by Tenant (collectively, “Tenant’s Installations”), or to require Tenant to leave Tenant’s Installations on the Premises or Property, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such alterations removal shall be done in a good and workmanlike manner; and, upon such removal, Tenant shall restore the Premises to its condition prior to the installation of such Tenant Installations. If Tenant does not remove such Tenant Installations and repair and restore the Premises as required hereby within ten (10) days after request to do so by Landlord, Landlord may remove, store and/or dispose of the same and restore the Premises, and deduct the cost of such removal, storage, disposal and/or restoration from the Premises Security Deposit, with any such costs in excess thereof to be paid by the Tenant to Landlord upon demand. Prior to the expiration or earlier termination of the LeaseTerm or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and Landlord shall any and all wiring and cabling (including but not reserve such right at limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the time of consentPremises, Landlord may as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not require Tenant to remove such alteration from the Premises upon items prior to the expiration or earlier termination of the LeaseTerm or Tenant’s right to possession of the Premises, Tenant shall be conclusively presumed to have conveyed the same to Landlord free and clear of any and all liens and security interests without further payment or credit by Landlord to Tenant; or at Landlord’s sole option such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenant, and Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the cost of such removal and disposal from the Security Deposit, with any costs thereof in excess of the Security Deposit to be paid by Tenant to Landlord upon demand.

Appears in 2 contracts

Samples: Center Lease (Mulesoft, Inc), Center Lease (Mulesoft, Inc)

Yield Up. Tenant shall, at At the expiration of the Term or earlier termination of the term of this Lease, to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to remove such installations (including wiring installations, improvements and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant in the Premises as Landlord may request have requested at the time such installments, improvements and alterations were installed and all Tenant’s signs wherever located; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to removeremove at the time of installation), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. In no event shall Tenant have any responsibility for any repairs or maintenance made necessary, in whole or in part, by the negligence or willful misconduct of Landlord, fire, casualty, eminent domain, or ordinary wear and tear, or by alterations, improvements, restoration, repairs, replacements, or renovations that are the responsibility of Landlord or are not expressly required of Tenant herein. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it Landlord in effecting such removal and disposition. Notwithstanding disposition and in making any incidental repairs and replacements to the preceding provisions Premises and for use and occupancy of the Premises during the period after the expiration of the Term and prior to its performance of its obligations under this Subsection 6.1.8, if subsection 6.1.9 at the time of request for consent, rate set forth in Section 11.8. Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Tenant’s failure and delay in surrendering the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 2 contracts

Samples: Lease (Akouos, Inc.), Lease (Akouos, Inc.)

Yield Up. Tenant shall, at At the expiration or earlier termination of the term of this Lease, Lease Tenant shall (a) surrender all keys to the Premises; (b) remove all of its trade fixtures and personal property in the Premises; (c) remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request and any such installations or improvements made by Tenant at its expense during the term of this Lease which Tenant shall desire to remove and all Tenant’s 's signs wherever located; (d) repair all damage caused by such removal; removal and vacate and (e) yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for such installations or improvements as Tenant shall remove or as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense reasonably incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration or earlier termination of the Leaseterm of this Lease and prior to the performance by Tenant of its obligations under this Section 6.9. Tenant shall further indemnify Landlord against all loss, cost and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration damage resulting from Tenant's failure or delay in surrendering the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 2 contracts

Samples: Signal Pharmaceuticals Inc, Signal Pharmaceuticals Inc

Yield Up. Tenant shall, at At the expiration or earlier termination of the term of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all Tenant Work, and all replacements thereof, except such additions, alterations and other Tenant Work as Landlord may direct to be removed, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; , remove all of its trade fixtures and personal property in not bolted or otherwise attached to the Premises; remove Premises (and such installations (including wiring trade fixtures and cabling wherever located), alterations and improvements made (other property bolted or if applicable, restore any items removed) by or on behalf of Tenant attached to the Premises as Landlord may request direct), and all Tenant’s signs wherever located; repair , in each case repairing damage to the Premises and Property which results in the course of such removal and restoring the Premises and Property to a fully functional and tenantable condition (including the filling of all damage caused by such removal; floor holes, the removal of all disconnected wiring back to junction boxes and vacate and the replacement of all damaged ceiling tiles). Tenant shall yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the same good order and repair extent provided in which Tenant is obliged to keep and maintain the Premises by the provisions of this LeaseArticle VI only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine determine, and Tenant shall pay to Landlord the entire reasonable cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs to the Premises. Notwithstanding the preceding provisions of this Subsection 6.1.8foregoing, if Tenant shall not be required to remove Landlord’s Work and Tenant shall not be required to remove any Tenant’s Work which has been approved by Landlord unless, at the time of request for consentsuch approval, Tenant shall also request a determination from Landlord whether as requests the ability to any particular alterations it reserves allow such work to remain at the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination end of the Lease, Lease Term and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseconcurs in writing.

Appears in 2 contracts

Samples: Work Letter Agreement (Olink Holding AB (Publ)), Work Letter Agreement (Olink Holding AB (Publ))

Yield Up. At the termination of the Lease Term, peaceably to yield up the Premises clean and in good order, repair and condition, and in conformance with all Legal Requirements, reasonable wear and tear and damage by fire or casualty or taking excepted, and to deliver to Landlord all keys to the Premises or any part thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shallshall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Lease Term, at which time title shall pass to Landlord under this Lease as if by a xxxx of sale, unless Landlord elects otherwise and notifies Tenant at any time prior to the expiration of the Lease Term to remove any such tenant improvements upon Lease expiration. Notwithstanding the foregoing, if Tenant requests in writing prior to doing such alteration, addition or improvement, then Landlord will state in writing whether such alteration, addition or improvement must stay or be removed at the end of the Term. Landlord hereby agrees that, Tenant shall not be required to remove Tenant’s Work as described above in Section 2.4 at the end of the Term. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, free standing and other moveable walls, data lines, inventory and business equipment shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at At the time of request for consentyield up, Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consentcooperate to communicate with one another concerning which items Tenant is removing, so that Landlord may not require verify that they are the items that Tenant is permitted to remove such alteration from per the Premises upon the expiration or earlier termination terms of the Leasethis Section 7.8.

Appears in 2 contracts

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

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, or upon any earlier reentry or retaking of possession of the Premises by Landlord and/or termination of Tenant’s right of possession and/or occupancy of the Premises, as applicable, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations alterations, signs, and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request wherever located and all of Tenant’s signs wherever locatedsigns; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. If Landlord so requests, Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the earlier of (i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration or earlier termination of the Leaseterm of this Lease and prior to the performance by Tenant of its obligations under this subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration damage resulting from Tenant’s failure or delay in surrendering the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 2 contracts

Samples: Lease (RMR Group Inc.), Lease (Reit Management & Research Inc.)

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s signs wherever located; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty excepted. Tenant, at the time of making any installation, alteration, or improvement, may request in writing Landlord’s written permission to leave the same in the Premises at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Tenant’s failure and delay in surrendering the Premises upon as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of the this Lease, such holding over shall be without right and Landlord shall not reserve be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such right holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the time Monthly Fixed Rent Rate and Additional Rent on account of consent, Landlord may not require Tenant Operating Costs and Taxes last due as of the day prior to remove such alteration from the Premises upon the date of expiration or earlier termination of this Lease, and shall otherwise be on the Leaseterms and conditions of this Lease as applicable, except that in no event shall any extension option, right of first offer or right of first refusal, or similar right or option be deemed applicable to such tenancy at sufferance.

Appears in 2 contracts

Samples: Office Lease (Avedro Inc), Office Lease (Avedro Inc)

Yield Up. In addition to Tenant’s obligations under Section 6.2.10, Tenant shall, at the expiration or earlier termination of the term of this Lease, or upon any earlier reentry or retaking of possession of the Premises by Landlord and/or termination of Tenant’s right of possession and/or occupancy of the Premises, as applicable, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located)installations, alterations alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request request, wherever located and all Tenant’s signs wherever located; repair all damage caused by such removal; terminate any licenses or governmental approvals Tenant shall have obtained that relate to the conduct of its business at the Premises; and vacate and yield up the Premises (including all installations, alterations alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Notwithstanding the preceding provisions of this Section 6.1.7, Tenant shall properly cap or seal its wiring and cabling at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the earlier of (i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling, but shall not be required to remove such wiring and cabling, and Tenant shall not be required to remove such wiring and cabling or any other alterations made by it in the Premises if Tenant’s request for Landlord’s consent to make such alterations shall include a request for determination by Landlord as to whether Landlord shall require removal of such alterations at the end of the term and Landlord, at the time Landlord gives it consent thereto, shall not condition its consent on removal. Further, Landlord shall not have the right to require removal of any of Tenant’s Work or any Tenant’s “work” as defined in Section 6.2.5 which is performed in compliance with this Lease except for (i) restoration to the condition existing as of the Date of this Lease of any area containing an internal stairwell (including restoration of flooring and removal of the stairs) and any area of the Building modified to accommodate a patio, and (ii) any alterations, installations or items that are not customary general office space improvements or which would have a demolition and/or removal (including repair or restoration of affected areas) cost that is materially in excess of the demolition and/or removal/restoration cost commonly associated with customary general office space improvements. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leasedetermine.

Appears in 1 contract

Samples: Surgalign Holdings, Inc.

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request and all Tenant’s 's signs wherever located; repair all damage caused by such removal; and vacate removal (excluding minor nail or screw holes) and yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear excepted. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire reasonable cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration or earlier termination of the Leaseterm of this Lease and prior to the performance by Tenant of its obligations under this subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration damage resulting from Tenant's failure or delay in surrendering the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 1 contract

Samples: Perficient Inc

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Leasethis, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling installed by Tenant, wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the term of this Lease and prior to the performance by Tenant of its obligations under this Subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure or delay in surrendering the Premises as above provided. Notwithstanding the preceding provisions of this Subsection 6.1.8Section 6.1.9, except for cabling installed by Tenant, which Tenant shall remove if Landlord does not require the same to be sealed and surrendered as hereinabove provided, Tenant shall not be required to remove alterations made by it in the Premises if (i) Tenant’s request for Landlord’s consent to make such alterations, contains a statement in capital letters in not less than 14 point type advising Landlord that Landlord shall be deemed to have waived its right to require removal of such alterations at the end of the term unless Landlord, at the time of request for Landlord gives it consent, notifies Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves that removal at the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination end of the Leaseterm is required, and (ii) Landlord shall does not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseso notify Tenant.

Appears in 1 contract

Samples: Lease (Dexcom Inc)

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, ; to surrender all keys to the Premises; to remove all of its trade fixtures and fixtures, personal property and signs in or on the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s 's signs wherever located; to repair all damage caused by such removal; removal and, if requested by Landlord, to restore the Premises, or any portion thereof, to open office or R&D configuration if Tenant had previously made alterations to such area other than those typical of office or R&D space, and vacate and to yield up the Premises (including all installations, alterations installations and improvements made not designated by Landlord for removal, except for trade fixtures and such of said installations or on behalf of Tenant except improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, and damage by casualty and condemnation excepted. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord's property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the preceding provisions of this Subsection 6.1.8, if Premises as above provided. Landlord hereby confirms that the Landlord's Work (as defined in Article 3) shall not be required to be removed by Tenant at the time end of request for consent, the term. If the Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from remains in the Premises upon beyond the expiration or earlier termination of the this Lease, such holding over shall be without right and Landlord shall not reserve such right be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Acme Packet Inc

Yield Up. Tenant shall, at At the expiration or earlier termination of the term of this Lease, Tenant shall surrender all keys to the Premises; , remove all of its trade fixtures and personal property in the Premises; property, remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request and all Tenant’s signs wherever located; repair all damage caused by such removal; and vacate 's signs, and yield up the Premises (including all installations, alterations Tenant's installations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove)the Building during the Term and also including such of Tenant's fixtures as are identified on Exhibit 5 hereto, except for those which Landlord requested Tenant to remove and except for Tenant's other fixtures, including without limitation trade fixtures and equipment not affixed in any manner to the Premises, which at all times are Tenant's property and shall be removed) broom clean and in the same good order order, repair and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of same under this Lease. Any Tenant's property not so removed shall be deemed abandoned and within thirty (30) days may be removed and disposed of by Landlord in such manner as Landlord shall determine and determine. Tenant shall pay indemnifies Landlord the entire against all loss, cost and expense incurred damage, including without limitation attorneys' fees and costs resulting from Tenant's failure and delay in surrendering the Premises. If Tenant's failure to surrender the Premises as required hereunder renders the Premises unavailable for use by it another tenant (for example, where Tenant or another person claiming under Tenant remains in effecting occupancy or Tenant or such removal and disposition. Notwithstanding other person has caused, permitted or suffered the preceding provisions of this Subsection 6.1.8contamination of, if at the time of request for consentPremises or areas adjacent thereto with a Hazardous Substance), Tenant shall also request a determination from Landlord whether as be deemed in holdover status while such state of facts continues to any particular alterations it reserves the right exist and shall be liable under Section l3 in addition to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of all other liability under the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseincluding this Section.

Appears in 1 contract

Samples: Epix Medical Inc

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s 's signs wherever located; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear, and damage by casualty and condemnation excepted. Tenant, at the time of making any installation, may request in writing Landlord's written permission to leave such installation in the Premises at the expiration or earlier termination of this Lease, and if Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, then Landlord shall thereafter not be permitted to request or require that such installation be removed at the expiration or earlier termination of the Lease. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord's property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's failure and delay in surrendering the preceding provisions of this Subsection 6.1.8, if Xxxxxxes as above provided. Landlord hereby confirms that the Landlord's Work (defined in Article 3) shall not be required to be removed by Tenant at the time end of request the term. Once Tenant submits plans for consentTenant's Work to Landlord for Landlord's approvxx, Xxndlord will identify those portions of Tenant's Work which Tenant shall also request a determination from Landlord whether as will be permitted to any particular alterations it reserves the right to require Tenant to remove such alterations from leave in the Premises upon at the end of the term, which identified portions of Tenant's Work will be itemized in an exhibit entitled "Initial Tenant's Work" prepared by Landlord and attached to this Lease as Exhibit H. If the Tenant remains in the Premises beyond the expiration or earlier termination of the this Lease, such holding over shall be without right and Landlord shall not reserve such right be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Acme Packet Inc

Yield Up. Tenant shall, at At the expiration or earlier termination of the term of this Lease, Tenant (and all persons claiming by, through or under it) shall, without necessity of any notice, surrender the Premises (including all Tenant Work and all replacements thereof, except such additions, alterations and other Tenant Work as Landlord may direct to be removed, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; , remove all of its trade fixtures and personal property in not bolted or otherwise attached to the Premises; remove Premises (and such installations (including wiring trade fixtures and cabling wherever located), alterations and improvements made (other property bolted or if applicable, restore any items removed) by or on behalf of Tenant attached to the Premises as Landlord may request direct), and all Tenant’s Tenant signs wherever located; repair , in each case repairing damage to the Premises which results in the course of such removal and restoring the Premises to the same condition on the Lease Commencement Date or are put in compliance with the terms of this Lease thereafter (including the filling of all damage caused by such removal; floor holes, the removal of all disconnected wiring back to junction boxes and vacate and the replacement of all damaged ceiling tiles). Tenant shall yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the same good order and repair extent provided in which Tenant is obliged to keep and maintain the Premises by the provisions of this LeaseArticle VI only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine determine, and Tenant shall pay to Landlord the entire reasonable cost and expense incurred by it in effecting such removal and disposition. Notwithstanding disposition and in making any reasonable incidental repairs to the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the LeasePremises.

Appears in 1 contract

Samples: Special Maintenance and Operation (Circe Biomedical Inc)

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs request, wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, damage by casualty and ordinary wear and tear excepted. If Landlord so requests by notice to Tenant not later than ninety (90) days prior to the expiration or any earlier termination of the term of this Lease, and in the absence of such notification by such date such right shall be void (time being of the essence), Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the earlier of (i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration or earlier termination of the Lease, term of this Lease and Landlord shall not reserve such right at prior to the time performance by Tenant of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseits obligations under this subsection 6.1.9.

Appears in 1 contract

Samples: Leap Therapeutics, Inc.

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord one (1) set of as-built plans showing the Premises at yield up if Tenant had made alterations or installations during the Term for which plans were required after the Tenant’s Work (if Tenant has made no alterations or installations after the Tenant’s Work, the as-built plans initially delivered pursuant to Section 3.3(B) shall suffice); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s signs wherever located; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear and damage caused by casualty and condemnation excepted. Tenant, at the time of making any installation, alteration, or improvement may request in writing Landlord’s written permission to leave the same in the Premises at the expiration or earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and delay in surrendering the preceding provisions of this Subsection 6.1.8Premises as above provided; however, if at notwithstanding the time of request for consentforegoing, Tenant shall also request a determination from Landlord whether as to not be liable for any particular alterations it reserves the right to require consequential damages if Tenant to remove such alterations from occupies the Premises upon for sixty (60) or fewer days beyond the expiration or earlier termination of this Lease and had notified Landlord in writing at least six (6) months prior to the LeaseExpiration Date that Tenant intended to hold over. Except as specifically provided for in this Section 6.1.9, and Landlord Tenant shall not reserve such right at be liable for any consequential damages for breach of any provision of this Lease. If the time of consent, Landlord may not require Tenant to remove such alteration from remains in the Premises upon beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Office Lease (Dyax Corp)

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located)installations, alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant (including those made prior to the Commencement Date) as Landlord may request including, without limitation, computers, phones and other cabling, and all Tenant’s signs wherever locatedlocated (Landlord agreeing that, if Tenant shall request such a determination from Landlord at the time Tenant shall request Landlord’s approval of plans for any alterations including Tenant’s Plans, Landlord shall, at the time of plan approval, identify which alterations must be removed on or prior to the expiration or earlier termination of the term); repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear excepted. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration or earlier termination of the Leaseterm of this Lease and prior to the performance by Tenant of its obligations under this subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration damage resulting from Tenant’s failure or delay in surrendering the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 1 contract

Samples: Cuisine Solutions Inc

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations alterations, signs, additions or improvements (including wiring and cabling wherever located), alterations and improvements “Alterations”) made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs wherever locatedrequest; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant Alterations except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear and damage by casualty excepted. If Landlord so requests, Tenant, at its sole cost and expense, shall properly cap or seal any wiring and cabling it shall have installed in the Premises, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the expiration or earlier termination of the term of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall reasonably determine and Tenant shall pay Landlord the entire reasonable cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the term of this Lease and prior to the performance by Tenant of its obligations under this Subsection 6.1.8. Notwithstanding the preceding provisions of this Subsection 6.1.8, 6.1.8 Tenant shall not be required to remove any wiring or cabling nor shall Tenant be required to remove any other Alterations if at the time of (i) Tenant’s request for consent, Tenant Landlord’s consent to make such Alterations contains a statement in capital letters advising Landlord that Landlord shall also request a determination from Landlord whether as to any particular alterations it reserves the have waived its right to require Tenant to remove removal of such alterations from Alterations at the Premises upon the expiration or earlier termination end of the Leaseterm unless Landlord’s consent to such Alterations contains a notice that removal at the end of the term is required, and (ii) Landlord does not so notify Tenant that removal shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leasebe required.

Appears in 1 contract

Samples: Lease (Five Star Quality Care Inc)

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which shall not be required if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s 's signs wherever located; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord's property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Xxxxxx's failure and delay in surrendering the Premises upon as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of the this Lease, such holding over shall be without right and Landlord shall not reserve such right be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Ezenia Inc

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises, including the furniture systems and equipment leased to Tenant as part of the Initial Premises, unless this Lease is terminated earlier and Landlord elects that such furniture is to remain in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s signs wherever located; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, subject to reasonable wear and tear and damage by casualty and taking. Tenant, at the time of making any installation, may request in writing Landlord’s written permission to leave such installation in the Premises at the expiration or earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that such installation be removed at the expiration or earlier termination of the Lease. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss,cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Tenant’s failure and delay in surrendering the Premises upon as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of the this Lease, such holding over shall be without right and Landlord shall not reserve such right be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Office Lease (Exa Corp)

Yield Up. Tenant shall, at At the expiration of the Term or earlier termination of the term of -------- this Lease, : to surrender all keys to the Premises; , to remove all of its trade fixtures and personal property in the Premises; , to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request and all Tenant’s 's signs wherever located; , to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request agree that Tenant shall not be required to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, subject to reasonable wear and tear and damage by fire, casualty or taking. It is agreed that the exception of reasonable use and wear shall not apply so as to permit Tenant to keep the Premises and the use reasonably made thereof in less than good and tenantlike repair. Notwithstanding the foregoing, Tenant shall not be required to remove any installation for which Landlord shall have given its approval upon installation if at the time of such approval Landlord shall not have notified Tenant of the need to remove the same upon termination of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it Landlord in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Tenant's failure or delay in surrendering the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 1 contract

Samples: Lease Agreement (Organogenesis Inc)

Yield Up. Tenant shall, at At the expiration or earlier termination of the term of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all Tenant Alterations and all replacements thereof, except such additions, alterations and other Tenant Alterations as Landlord and Tenant have agreed prior to the installation of such Tenant Alterations that Tenant shall remove, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; , remove all of its trade fixtures and personal property in not permanently attached to the Premises; remove Premises (and such installations (including wiring trade fixtures and cabling wherever locatedother property permanently attached to the Premises as Landlord and Tenant have agreed prior to the installation of such Tenant Alterations that Tenant shall remove), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s 's signs wherever located; repair all , in each case repairing damage caused by to the Premises which results in the course of such removal; . Xxxxxxxx agrees that the initial Tenant Improvements to the extent permanently affixed to the Premises and vacate to the extent approved by Landlord as required in Section 3.2.1, shall be left in the Premises at the expiration of the Term. Tenant shall have the right, at the time it requests approval for Tenant Alterations (other than the initial Tenant Alterations), to ask Landlord's permission to leave such Tenant Alterations in place at the end of the Term (which permission shall not be unreasonably withheld) and if Landlord gives such permission, Tenant shall not be required to remove such Tenant Alterations at the end of the Term. Tenant shall yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the same good order and repair extent provided in which Tenant is obliged to keep and maintain the Premises by the provisions of this LeaseArticle VI only) excepted. Any personal property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine determine, and Tenant shall pay to Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding disposition and in making any incidental repairs to the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the LeasePremises.

Appears in 1 contract

Samples: Lease (Interneuron Pharmaceuticals Inc)

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, : surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request (provided in the case of alterations made by Tenant which both require and receive Landlord’s prior consent, Tenant shall not be required to remove such alterations Landlord does not require or reserve the right to require to be removed at the time Landlord consents to such alterations) and all Tenant’s signs wherever located; remove all laboratory equipment and special purpose equipment in the Premises as Landlord may request; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same or similar good order and repair in which Tenant is obliged to keep and maintain the Premises by were delivered to Tenant at the provisions beginning of the term of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease (Cytek BioSciences, Inc.)

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s signs wherever located; to repair all damage caused by such removal; removal and, with regard to any portion of the Premises which was in an open-office configuration as of the Commencement Date, to restore the Premises to an open-office configuration if requested by Landlord and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Tenant, at the time of making any installation, may request in writing Landlord’s written permission to leave such installation in the Premises at the expiration or earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that such installation be removed at the expiration or earlier termination of the Lease. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Tenant’s failure and delay in surrendering the Premises upon as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of the this Lease, such holding over shall be without right and Landlord shall not reserve such right be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Infraredx Inc

Yield Up. Tenant shall, at At the expiration of the Lease Term, any extension thereof or earlier termination of the term of this Lease, Tenant shall remove, subject to the provisions of Section 5.4, all signs and trade fixtures and personal property and all moveable interior partitions installed by Tenant and such other installations made by Tenant as Landlord may request or Tenant may elect, repair any damage caused by such removal and surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs wherever located; repair all damage caused by such removal; and vacate Demised Premises and yield up the Demised Premises (including all installations, alterations except for such interior partitions installed by Tenant and improvements such other installations made by or on behalf of Tenant except as Landlord shall request Tenant or Tenant shall elect to remove), broom ) broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Demised Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Demised Premises. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether Tenant’s failure and delay in surrendering the Demised Premises as to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseabove described.

Appears in 1 contract

Samples: Office Lease (BOSTON OMAHA Corp)

Yield Up. Tenant shall, at At the expiration of the Term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; , to remove all of its trade fixtures and personal property in the Premises (exclusive of installations and improvements to the Premises; ), to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s 's signs wherever located; , to repair all damage caused by such removal; removal (including capping or otherwise securing electrical and vacate plumbing lines) and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom remove at the time Landlord approves the installation or improvement) broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear , damage by fire and casualty or by eminent domain or by failure of Landlord to perform its explicit repair and maintenance obligations under the Lease only excepted. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant's performance of its obligations under this Section 5.1.10. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Tenant's failure and delay in surrendering the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

Yield Up. Tenant shall, at the expiration or earlier termination of the term Term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs request, wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear excepted . Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration or earlier termination of the LeaseTerm of this Lease and prior to the performance by Tenant of its obligations under this Subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration damage resulting from Tenant’s failure or delay in surrendering the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 1 contract

Samples: Performance Technologies Inc \De\

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs request, wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. If Landlord so requests, Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the earlier of: (i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Notwithstanding the preceding provisions of this Section 6.1.9, except for cabling, which Tenant shall remove if Landlord does not require the same to be capped and surrendered as hereinabove provided, Tenant shall not be required to remove alterations made by it in the Premises if (i) Tenant’s request for Landlord’s consent to make such alterations, contains a statement advising Landlord that Landlord shall be deemed to have waived its right to require removal of such alterations at the end of the term unless Landlord, at the time Landlord gives it consent, notifies Tenant that removal at the end of the term is required, and (ii) Landlord does not notify Tenant that removal shall be required. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration or earlier termination of the Leaseterm of this Lease and prior to the performance by Tenant of its obligations under this subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration damage resulting from Tenant’s failure or delay in surrendering the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 1 contract

Samples: Amylyx Pharmaceuticals, Inc.

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Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including computer and telecommunications wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request, and all Tenant’s signs wherever located; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Tenant, at the time of making any installation in connection with Tenant’s “laboratory” use, may request in writing Landlord’s written permission to leave such installation in the Premises at the expiration or earlier termination of this Lease. Landlord shall, within ten (10) days after receipt of Tenant’s request, notify Tenant in writing as to whether such installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. With regard to any installations, alterations or additions made in connection with Tenant’s “laboratory” use of the Premises that Landlord has so designated for removal, Tenant shall remove such items and restore the applicable portion of the Premises to a shell condition. If Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that such installation be removed, disassembled or otherwise modified at the expiration or earlier termination of the Lease, or otherwise. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Tenant’s failure and delay in surrendering the Premises upon as above provided, it being agreed that notwithstanding the foregoing, that Tenant shall not be liable for any consequential damages in the event that Tenant occupies the Premises for fewer than thirty (30) days beyond the expiration or earlier termination of the this Lease. Except as specifically provided for in this Section 6.1.9, and Landlord Tenant shall not reserve such right at be liable for any consequential damages under or for any breach of any provision of this Lease. If the time of consent, Landlord may not require Tenant to remove such alteration from remains in the Premises upon beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Green Mountain Coffee Roasters Inc

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of -------- this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing any changes or alterations (other than wall and floor covering replacement) made by Tenant to the Premises after the Commencement Date; to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (Landlord hereby agreeing that Tenant shall not be required to remove the TIW) (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Tenant shall not be obligated to so remove the same) and all Tenant’s 's signs wherever located; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Tenant, at the time of making any installation, may request in writing Landlord's permission to leave such installation in the Premises at the expiration or earlier termination of this Lease. If Landlord grants permission, then, notwithstanding the foregoing provisions of this subsection 6.1.9, Landlord may not later request removal of such installation at the end of the term. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord's property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any repairs reasonably resulting from such removal. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Xxxxxx's failure and delay in surrendering the Premises upon as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of the this Lease, such holding over shall be without right and Landlord shall not reserve such right be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Software Com Inc

Yield Up. Tenant shall, at At the expiration of the Term or earlier termination of the term of this Lease, Tenant shall surrender all keys to the Premises; , remove all of its furnishings, fixtures, equipment, materials, supplies, inventory, effects and other personal property from the Premises, (including, without limitation, all of Tenant’s trade furnishings, trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever locatedequipment), alterations leave any Alterations and improvements Improvements made (or if applicableby Tenant, restore any items removed) by or on behalf remove all of Tenant as Landlord may request and all Tenant’s its signs wherever located; , repair all damage caused by any such removal; and vacate removal and yield up the Premises (including all installations, alterations Alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and Improvements) in the same good order good, proper, clean, sanitary, safe, sound, working and tenantable order, condition and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any of Tenant’s property not so removed shall be deemed abandoned and may be retained by Landlord or may be removed and disposed of by Landlord in such manner as Landlord shall determine and determine. Tenant shall pay Landlord the entire cost and expense incurred by it Landlord in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises. Notwithstanding Without limiting the preceding provisions generality of this Subsection 6.1.8, if at the time of request for consentforegoing, Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves have the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant this Lease to remove such alteration all of its trade fixtures, furnishings and equipment from the Premises upon the expiration or earlier termination Premises, provided that it complies with all requirements of the Leasethis Section 10.1 in doing so.

Appears in 1 contract

Samples: Lease (PharmaFrontiers Corp.)

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request, and in any event including the Compactor and Nitrogen Tank, including any associated equipment, as such terms are defined in Section 6.2.4 below) and all Tenant’s signs wherever located, including the Facade Sign and Monument Sign Panel; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Tenant’s failure and delay in surrendering the Premises upon as above provided if Tenant holds over past the expiration or earlier termination of the LeaseTerm (the “Holdover Indemnity”). Notwithstanding the forgoing, in the event that Tenant, no earlier than forty-five and no later than thirty (30) days prior to the scheduled expiration of Term, provides Landlord with a written notice inquiring as to whether Landlord has leased, or is involved in negotiations to lease, the Premises or any part thereof to a third party, then Landlord shall provide Tenant with a written notice regarding the same (a “Holdover Notice”). In the event that Landlord indicates in the Holdover Notice that Landlord has a signed letter of intent or a lease for all or a portion of the Premises, or is engaged in negotiations with a potential tenant for all or a portion of the Premises as evidenced by a written proposal or ongoing lease negotiations, then the Holdover Indemnity shall commence immediately upon the first day following the expiration of the Term if Tenant holds over. In the event that Landlord indicates in the Holdover Notice that none of the circumstances in the immediately preceding sentence then exists, then the Holdover Indemnity shall commence on the date that is thirty (30) days after the expiration of the Term if Tenant holds over. The inclusion of the preceding sentences in this Lease should not be construed as Landlord’s consent for Tenant to hold over, and Landlord shall not reserve such right at apply in the time event that the Lease is terminated prior to the scheduled expiration date of consent, Landlord may not require the Term. If the Tenant to remove such alteration from remains in the Premises upon beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over equal to one and one-half (1 ½) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due as of the day prior to the date of expiration or earlier termination of this Lease, and shall otherwise be on the terms and conditions of this Lease as applicable, except that in no event shall any extension option, right of first offer or right of first refusal, or similar right or option be deemed applicable to such tenancy at sufferance.

Appears in 1 contract

Samples: Office Lease (Trine Acquisition Corp.)

Yield Up. Tenant shall, at At the expiration or earlier termination of the term of this Lease, Tenant shall surrender all keys to the Premises; , remove all of its trade fixtures and personal property in the Premises; property, remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request and all Tenant’s signs wherever located; repair all damage caused by such removal; and vacate 's signs, and yield up the Premises (including all installations, alterations Tenant's installations and improvements made by or on behalf of Tenant except as for those which Landlord shall request requested Tenant to remove), ) broom clean and in the same good order order, repair and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of same under this Lease. Any Tenant's property not so removed shall be deemed abandoned and within thirty (30) days may be removed and disposed of by Landlord in such manner as Landlord shall determine and determine. Tenant shall pay indemnifies Landlord the entire against all loss, cost and expense incurred damage, including without limitation reasonable attorneys' fees and costs resulting from Tenant's failure and delay in surrendering the Premises. If Tenant's failure to surrender the Premises as required hereunder renders the Premises unavailable for use by it another tenant (for example, where Tenant or another person claiming under Tenant remains in effecting occupancy or Tenant or other such removal and disposition. Notwithstanding person has caused, permitted or suffered the preceding provisions of this Subsection 6.1.8contamination of, if at the time of request for consentPremises or areas adjacent thereto with a Hazardous Substance), Tenant shall also request a determination from Landlord whether as be deemed in holdover status while such state of facts continues to any particular alterations it reserves the right exist and shall be liable under Section 13 in addition to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of all other liability under the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseincluding this Section.

Appears in 1 contract

Samples: Epix Medical Inc

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Leasethis, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s 's signs wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration or earlier termination of the Leaseterm of this Lease and prior to the performance by Tenant of its obligations under this Subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration damage resulting from Tenant's failure or delay in surrendering the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 1 contract

Samples: Dexcom Inc

Yield Up. Tenant shall, at At the expiration or earlier termination of the term Term of this Lease, Tenant shall (i) surrender all keys to the Premises; , (ii) remove all of its trade fixtures and personal property property, furniture, furniture systems, phone systems, and all telephone and data wiring and cabling in the Premises; , (iii) remove such installations (including wiring and cabling wherever located)installations, alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs wherever located; require at the time Landlord consented to the making or installation thereof, repair all damage caused by such removal; and vacate removal and yield up (y) the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as which Landlord shall request not require Tenant to remove), broom remove as aforesaid) broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by under this Lease, and (z) the provisions of Yield Up Equipment in the same good order and repair in which Tenant is obliged to keep and maintain the Premises and Yield Up Equipment under this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine determine, and Tenant shall pay Landlord as Additional Rent under this Lease the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration of the term and prior to Tenant’s performance of its obligations under this Section 9.8 (which obligations shall survive expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time Term of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the this Lease.

Appears in 1 contract

Samples: Lease (GTC Biotherapeutics Inc)

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request, and in any event including the Compactor and Nitrogen Tank, including any associated equipment, as such terms are defined in Section 6.2.4 below) and all Tenant’s signs wherever located, including the Facade Sign and Monument Sign Panel; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition​ ​ disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Xxxxxx’s failure and delay in surrendering the Premises upon as above provided if Xxxxxx holds over past the expiration or earlier termination of the LeaseTerm (the “Holdover Indemnity”). Notwithstanding the forgoing, in the event that Tenant, no earlier than forty-five and no later than thirty (30) days prior to the scheduled expiration of Term, provides Landlord with a written notice inquiring as to whether Xxxxxxxx has leased, or is involved in negotiations to lease, the Premises or any part thereof to a third party, then Landlord shall provide Tenant with a written notice regarding the same (a “Holdover Notice”). In the event that Landlord indicates in the Holdover Notice that Landlord has a signed letter of intent or a lease for all or a portion of the Premises, or is engaged in negotiations with a potential tenant for all or a portion of the Premises as evidenced by a written proposal or ongoing lease negotiations, then the Holdover Indemnity shall commence immediately upon the first day following the expiration of the Term if Xxxxxx holds over. In the event that Landlord indicates in the Holdover Notice that none of the circumstances in the immediately preceding sentence then exists, then the Holdover Indemnity shall commence on the date that is thirty (30) days after the expiration of the Term if Xxxxxx holds over. The inclusion of the preceding sentences in this Lease should not be construed as Landlord’s consent for Tenant to hold over, and Landlord shall not reserve such right at apply in the time event that the Lease is terminated prior to the scheduled expiration date of consent, Landlord may not require the Term. ​ If the Tenant to remove such alteration from remains in the Premises upon beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over equal to one and one-half (1 ½) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due as of the day prior to the date of expiration or earlier termination of this Lease, and shall otherwise be on the terms and conditions of this Lease as applicable, except that in no event shall any extension option, right of first offer or right of first refusal, or similar right or option be deemed applicable to such tenancy at sufferance.

Appears in 1 contract

Samples: Lease (Desktop Metal, Inc.)

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations alterations, signs and improvements made (or if applicable, restore any items removedremoved as Landlord may reasonably require as a condition of approval) by or on behalf of Tenant as Landlord may request and all Tenant’s signs request, wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear excepted. If Landlord so requests, Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the earlier of (i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding disposition and in making any incidental repairs and replacements to the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Premises and Tenant shall also request a determination from be deemed to be holding over in the Premises until it shall have complied with its obligation to remove its property and make any incidental repairs or replacements as required by this subsection 6.1.9. Tenant shall further indemnify Landlord whether against all loss, cost and damage resulting form Tenant’s failure or delay in surrendering the Premises as to any particular alterations it reserves the right to require above provided. Nothing herein shall obligate Tenant to remove such any of Landlord’s Work or any future alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseimprovements made by Landlord.

Appears in 1 contract

Samples: Clear Skies Solar, Inc

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located)installations, alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs wherever locatedlocated (excepting signs installed by Landlord including, without limitation, Tenant’s lobby directory and suite signage, and provided further that Tenant shall cap and label all wiring and cabling but shall not be required to remove same); repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to any particular alterations it Landlord reserves the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Lease (Cerecor Inc.)

Yield Up. Tenant shall, at At the expiration of the Term or earlier -------- termination of the term of this Lease, : to surrender all keys to the Premises; , to remove all of its trade fixtures furnishings, fixtures, equipment and other personal property (including Tenant's racking systems) now or hereafter located in the Premises; , purchased or leased by Tenant with its own funds, which are not affixed to the Building or Land or which Landlord has agreed in writing that Tenant may remove at the expiration of the Term (Landlord expressly agreeing that Tenant's racking system is to be so removed), to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s 's signs wherever located; , to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by Tenant, except for trade fixtures, and such of said installations or on behalf of Tenant except improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Any property not so removed shall be deemed abandoned and may be retained by Landlord or may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it Landlord in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to disposition and in making any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Lease.incidental repairs and

Appears in 1 contract

Samples: Specialty Catalog Corp

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request and all Tenant’s 's signs wherever located; repair all damage caused by such removal; and vacate removal and yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease; provided, however, that notwithstanding the foregoing, no telephone data lines shall be removed by Tenant. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire reasonable cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration or earlier termination of the Leaseterm of this Lease and prior to the performance by Tenant of its obligations under this subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration damage resulting from Tenant's failure or delay in surrendering the Premises upon the expiration or earlier termination of the Leaseas above provided.

Appears in 1 contract

Samples: Sonesta International Hotels Corp

Yield Up. (a) Tenant shall, shall yield up and surrender possession of the Premises to Landlord at the expiration of the Term or earlier termination of the term of this Lease, surrender free and clear of all keys to the Premises; remove all of its trade fixtures tenants and personal property in the Premises; remove such installations (including wiring and cabling wherever located)occupants, alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Tenant shall surrender all keys to the Premises. Tenant shall remove all Specialty Alterations and Tenant’s Property from the Premises. Tenant shall remove all Tenant’s telecommunications equipment and wires and cables installed by or on behalf of Tenant. Tenant shall remove such other installations made by it as Landlord may request and all Tenant’s signs wherever located. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and determine. Tenant shall pay reimburse Landlord the entire cost for all costs and expense expenses incurred by it Landlord in effecting such removal and disposition, and in making any repairs and replacements to the Premises after surrender thereof by Tenant. Notwithstanding Without limiting the preceding provisions foregoing, upon request of this Subsection 6.1.8Tenant, if concurrent with the review of plans and specifications in connection with any Alterations, Landlord will notify Tenant as to which of the proposed installations and improvements constitute Specialty Alterations which Tenant will be required to remove at the time expiration of request for consent, the Term provided that Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves include the right to require Tenant to remove such alterations from following legend in capitalized and bold type displayed prominently on the Premises upon the expiration or earlier termination top of the Leasefirst page of Tenant’s notice delivered concurrently with such plans and specifications: “IF LANDLORD FAILS TO NOTIFY TENANT AT THE TIME LANDLORD APPROVES THESE PLANS AND SPECIFICATIONS THAT ANY ALTERATIONS SHOWN THEREON ARE SPECIALTY ALTERATIONS (AS DEFINED IN THE LEASE), and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the LeaseLANDLORD MAY NOT REQUIRE TENANT TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE END OF THE TERM OF THE LEASE.

Appears in 1 contract

Samples: Commencement Date Agreement (Kura Oncology, Inc.)

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; and to deliver to Landlord architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, unless such wiring and cabling is left in a useable condition, and all Tenant’s 's signs wherever located; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable wear and tear and damage by casualty excepted. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8Tenant, if at the time of making any installation, may request for consentin writing Landlord's written permission to leave such installation in the Premises at the expiration or earlier termination of this Lease. Landlord shall, within ten (10) days after receipt of Xxxxxx's request, notify Tenant shall also request a determination from Landlord whether in writing as to any particular alterations it reserves the right to require Tenant to remove whether such alterations from installation may or may not remain in the Premises upon at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that such installation be removed, disassembled or otherwise modified at the expiration or earlier termination of the Lease, and or otherwise. Any property not removed in accordance with the provisions of this subsection shall be deemed abandoned and, if Landlord shall not reserve such right at the time of consentso elects, Landlord may not require Tenant deemed to remove such alteration from the Premises upon the expiration or earlier termination of the Lease.be Landlord's property,

Appears in 1 contract

Samples: Oak Technology Inc

Yield Up. Tenant shall, at At the expiration of the term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s signs wherever located; to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, loss by fire or other casualty excepted. Notwithstanding the foregoing, to the extent there are any alterations or other modifications made by Tenant that are not typical of office space, light manufacturing and/or research and development space, Landlord reserves the right at the end of the term to require Tenant to remove such alterations or modifications and restore the affected areas to an open office configuration. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination further indemnify Landlord against all loss, cost and damage resulting from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from Tenant’s failure and delay in surrendering the Premises upon as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of the this Lease, such holding over shall be without right and Landlord shall not reserve such right be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Lemaitre Vascular Inc

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, or upon any earlier reentry or retaking of possession of the Premises by Landlord and/or termination of Tenant’s right of possession and/or occupancy of the Premises, as applicable, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling installed by or for Tenant wherever located), alterations (provided that, upon Tenant’s request, Landlord shall have notified Tenant at the time of Landlord’s consent to such Alterations that removal of such Alterations would be required upon the expiration or earlier termination of this Lease), signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs request, wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to removeremove at the time of its consent, as set forth above), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. If Landlord so requests, Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the earlier of (i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration or earlier termination of the term of this Lease and prior to the performance by Tenant of its obligations under this Subsection 6.1.9. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent6.1.9, Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves the right to require Tenant not be required to remove such alterations from the Premises upon the expiration or earlier termination restore any of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from initial Landlord’s Work installed in the Premises upon the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Prometheus Biosciences, Inc.

Yield Up. Tenant shall, at the expiration or earlier termination of the term of this Lease, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs request, wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, damage by casualty and ordinary wear and tear excepted. If Landlord so requests, Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the earlier of (i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as disposition and in making any incidental repairs and replacements to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon and for use and occupancy during the period after the expiration or earlier termination of the Lease, term of this Lease and Landlord shall not reserve such right at prior to the time performance by Tenant of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Leaseits obligations under this subsection 6.1.9.

Appears in 1 contract

Samples: Lease (Leap Therapeutics, Inc.)

Yield Up. Tenant shall, at the expiration or earlier termination of the term Term of this Lease, : surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all Tenant’s signs wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Notwithstanding the foregoing, Tenant shall have no obligation to remove the initial improvements constructed by Tenant as part of the Tenant’s Work at the expiration or earlier termination of the Term of this Lease or otherwise restore the Premises to the condition existing prior to the installation of such initial improvements, unless Landlord indicates at the time Landlord reviews and approves Tenant’s Plans pursuant to Section 3.2.2 above that Landlord will require Tenant to remove a particular improvement(s) at the expiration or earlier termination of the Term of this Lease. Any property not so removed shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition. Notwithstanding the preceding provisions of this Subsection 6.1.8, if at the time of request for consent, Tenant shall also request a determination from Landlord whether as to any particular alterations it reserves the right to require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the Lease.as

Appears in 1 contract

Samples: Archer Aviation Inc.

Yield Up. Tenant shall, at At the expiration of the Term or earlier termination of the term of this Lease, : to surrender all keys to the Premises; , to remove all of its trade fixtures furnishings, fixtures, equipment and other personal property now or hereafter located in the Premises; , purchased or leased by Tenant with its own funds, which are not affixed to the Building or Lot or which Landlord has agreed in writing that Tenant may remove at the expiration of the Term, to remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request shall have requested at the time of their installation, and all Tenant’s signs wherever located; , to repair all damage caused by such removal; removal and vacate and to yield up the Premises (including all installations, alterations installations and improvements made by Tenant, except for trade fixtures, and such of said installations or on behalf of Tenant except improvements as Landlord shall request Tenant to remove), broom broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, ordinary wear and tear and damage due to fire or other casualty or taking excepted. Any property not so removed shall be deemed abandoned and may be retained by Landlord or may be removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it Landlord in effecting such removal and dispositiondisposition and in making any incidental repairs and replacements to the Premises. Notwithstanding For each day after the preceding provisions expiration of the Term, or the earlier termination of this Subsection 6.1.8Lease, if at and prior to Tenant’s performance of its obligation to yield up the time of request for consentPremises under this Section 5.1.10, Tenant shall also request pay to Landlord as rent an amount equal to twice the Fixed Rent in effect at the termination of the Lease computed on a determination daily basis, together with all Additional Rent payable with respect to each such day if this Lease were still in effect. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s delay in surrendering the Premises as above provided. Prior to the expiration of this Lease or within thirty (30) days after the earlier termination thereof, Landlord whether as may undertake all steps necessary to any particular alterations it reserves obtain certifications from a reputable licensed environmental engineer satisfactory to Landlord (Tenant hereby agreeing to cooperate with the right to require Tenant to remove such alterations same), which confirm that all Hazardous Materials have been removed from the Premises and that the Premises may be reoccupied for light manufacturing, office or other commercial use or renovated without (i) taking any special precautions for such materials, (ii) incurring any special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of such materials, and (iii) incurring regulatory requirements or giving notice in connection with such materials. If such investigation discloses any violation by Tenant of its obligations under this Lease, Tenant shall promptly undertake any required work at Tenant sole expense, and shall reimburse Landlord upon demand for all out-of-pocket costs and expenses incurred by Landlord in connection with obtaining such certifications. Tenant’s obligations hereunder shall survive the expiration or earlier termination of the Lease, and Landlord shall not reserve such right at the time of consent, Landlord may not require Tenant to remove such alteration from the Premises upon the expiration or earlier termination of the this Lease.

Appears in 1 contract

Samples: Aspect Medical Systems Inc

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