Common use of Yield Up Clause in Contracts

Yield Up. Upon the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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: Lease Agreement (Mulesoft, Inc), Lease Agreement (Mulesoft, Inc)

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Yield Up. Upon At the expiration of the term or earlier termination 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 made by 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 and to yield up the Premises (including all installations and improvements made by 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, 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 Term or Tenant’s right Lease. Notwithstanding anything to possession of the Premisescontrary contained herein, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord reserves the right either to require Tenant have no obligation to remove any Alterations (excepting 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 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. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s initial improvements or Tenant’s Work) (as defined failure and delay 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 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 surrendering 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 Security Deposit, with any such costs in excess thereof to be paid by above provided. If the Tenant to Landlord upon demand. Prior to remains in the Premises 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 Term or Tenant’s right 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 possession 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 Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items 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 Term terms and conditions of this Lease as applicable, except that in no event shall any extension option, right of first offer or Tenant’s right to possession of the Premisesfirst refusal, 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; similar right or at Landlord’s sole option such items shall be deemed abandoned, in which event Landlord may cause applicable to such items to be removed and disposed of tenancy 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 demandsufferance.

Appears in 2 contracts

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

Yield Up. Upon At the expiration of the Term or earlier termination 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 the items, and perform the associated yield up work, listed on Exhibit E attached hereto; to repair all damage caused by such removal and to yield up the Premises, 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 by casualty excepted (it being agreed that, except for the items listed on Exhibit E that are being removed by Tenant, Tenant shall leave all other installations, improvements and equipment installed by Tenant in the Premises in good working order, condition and appearance). 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 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. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and delay in surrendering the Premises as above provided, it being agreed that notwithstanding the foregoing, provided that Tenant has timely delivered a Holdover Notice (as defined below) to Landlord, then 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 this Lease. If the Term or Tenant’s right to possession of the Premises, Tenant shall return remains in the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 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 Security Deposit, with any such costs in excess thereof to be paid by the Tenant to Landlord upon demand. Prior to 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 Tenant shall be a tenant at sufferance only, at a daily rate of rent equal to $33.00 per rentable square feet of the Term or Tenant’s right to possession Premises through August 31, 2014, and thereafter at a daily rate of $44.00 per rentable square feet of the Premises, plus Tenant shall also remove its furniture, equipment, trade fixtures, other items continue to be responsible for paying all charges payable under this Lease as of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items day prior to the date of expiration or earlier termination of this Lease, including, without limitation, charges on account of Taxes and Operating Costs. Notwithstanding the foregoing, Tenant shall be permitted to remain in occupancy of the Term Premises beyond the Expiration Date and shall not be deemed in holdover only if (a) Tenant gives Landlord written notice, no less than sixty (60) days prior to the Expiration Date, that Tenant intends to remain in occupancy of the Premises beyond the Expiration Date (such notice a “Holdover Notice”), and (b) Landlord has not signed a letter of intent or a lease with another tenant for all or any portion of the Premises. Such continued occupancy by Tenant shall be a month-to-month basis, terminable by either party for any reason by giving written notice given to the other party at least thirty (30) days prior to the effective date of termination, and shall be on all the same terms as this Lease, except that Tenant shall commence paying fixed rent to Landlord on the day after the Expiration Date, by electronic fund transfer (or by such other method or to such other person or entity as Landlord may direct Tenant’s right to possession ), in advance, without notice or demand, and without setoff, abatement, suspension, deferment, reduction or deduction, on the first day of each calendar month and for any portion of a calendar month following the Expiration Date. The monthly fixed rent during such continued tenancy shall be at the rate of $33.00 per rentable square feet of the Premises through August 31, 2014, and thereafter at the rate of $44.00 per rentable square feet 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 expenseobligation to pay all other charges which Tenant is obligated to pay under this Lease, including, without notice to Tenant limitation, charges on account of Taxes 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 demandOperating Costs.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Cynosure Inc)

Yield Up. Upon At the expiration or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the Term or Tenant’s right 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 possession of 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 not bolted or otherwise attached to the Premises (and such trade fixtures and other property bolted or attached to the Premises as Landlord may direct), and all Tenant’s signs wherever located, 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 floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles). Tenant shall return yield up the Premises to Landlord broom broom-clean and in good order order, repair and condition, ordinary wear, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article VI only, ) excepted. Landlord reserves the right either to require Tenant to remove any Alterations Any property not so removed within thirty (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 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 (1030) 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 Lease shall be deemed abandoned, in which event Landlord abandoned and may cause such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenantby Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the reasonable cost of and expense incurred by it in effecting such removal and disposal from disposition and in making any incidental repairs to the Security DepositPremises. Notwithstanding the foregoing, with Tenant shall not be required to remove Landlord’s Work and Tenant shall not be required to remove any costs thereof in excess Tenant’s Work which has been approved by Landlord unless, at the time of such approval, Tenant requests the ability to allow such work to remain at the end of the Security Deposit to be paid by Tenant to Lease Term and Landlord upon demandconcurs in writing.

Appears in 2 contracts

Samples: Lease Agreement (Olink Holding AB (Publ)), Lease Agreement (Olink Holding AB (Publ))

Yield Up. Upon the expiration or earlier sooner termination of this Lease (unless such termination occurs at the Term or Tenantclosing after Boyne USA’s right exercise of its Buyback Option pursuant to possession of the PremisesBuyback Option Agreement), Tenant shall return at Tenant’s sole cost and expense: A. prior to vacating the Premises make or cause to be made such maintenance, repairs, and alterations as may be necessary to put the Leased Property in the condition required by this Section 5.5; and B. vacate and surrender the Cypress Premises and deliver the Leased Property to Landlord broom clean in substantially the same condition in which the Cypress Premises and Leased Property were in on the Commencement Date, except as repaired, replaced, rebuilt, restored, replaced, altered or added to as permitted or required by the provisions of this Lease, reasonable wear and tear and Expropriation (and casualty damage, in the event that this Lease is terminated following a casualty in accordance with Article 10) excepted; and C. use Tenant’s good order faith, commercially reasonable efforts to transfer to Landlord, and conditioncooperate with Landlord or Landlord’s nominee in connection with the processing of all applications for transfer to Landlord of, ordinary wearall Licenses and Permits and other governmental authorizations and all Contracts entered into by Tenant, onlyincluding Contracts with Governmental Agencies which may be necessary for the use and operation of the Cypress Premises and Improvements as then operated, exceptedbut excluding utility deposits. Landlord reserves shall indemnify and hold Tenant harmless for all claims, costs and expenses (including reasonable legal fees) arising from acts or omissions by Landlord under such Contracts subsequent to the right either date of transfer thereof to require Landlord; and Tenant to remove any Alterations shall indemnify and hold Landlord harmless for all claims, costs and expenses (excepting Tenant’s initial improvements including reasonable legal fees) arising from acts or Tenant’s Work) (as defined in Section 3.5.1) installed in the Building omission by Tenant (collectively, “Tenant’s Installations”), or to require Tenant to leave Tenant’s Installations on under such Contracts and/or the Premises or Property, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such removal shall be done in a good Licenses and workmanlike manner; and, upon such removal, Tenant shall restore the Premises to its condition Permits prior to the installation date of such transfer thereof to Landlord; and (ii) Tenant Installationsshall re-assign to Landlord or Landlord’s nominee all of its right, title and interest under all then existing subleases. If Tenant does not remove such Tenant Installations and repair and restore the Premises as required hereby within ten (10) days after request In addition, any non-exclusive license pursuant to do so by Landlord, which Landlord may remove, store and/or dispose allows Tenant’s use of the same Trademarks shall automatically terminate. D. Turnover and restore deliver to CNL TRS all of the Premises, and deduct the cost of such removal, storage, disposal and/or restoration from the Security Deposit, with any such costs in excess thereof personal property required to be paid by the Tenant turned over to Landlord upon demand. Prior CNL TRS pursuant to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 demandTurnover Agreement.

Appears in 2 contracts

Samples: Sub Permit and Lease Agreement, Sub Permit and Lease Agreement (CNL Income Properties Inc)

Yield Up. Upon Tenant agrees, at the expiration of the Term or earlier termination of this Lease: to surrender all keys to the Premises, to remove all of Tenant’s personal property and trade fixtures from the Premises, and to yield up the Premises, broom clean, in the same condition in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, reasonable use and wear and tear and damage by fire or other casualty or condemnation excepted. Tenant shall have the right to remove its trade fixtures from the Premises at any time. Tenant shall remove the four existing antenna installations on the Building located at 000 Xxxxxxxxx Xxxx, and all connecting electrical conduits, controls and other equipment related to said antenna installations, from the Premises at the expiration of the Term or earlier termination of this Lease. Tenant shall repair any damage to the Premises caused by removal of any of Tenant’s trade fixtures or personal property or Alterations. Tenant shall terminate, without cost, expense or liability to Landlord, any and all contracts and agreements entered into by or on behalf of Tenant (including, without limitation, any employment or collective bargaining agreements and any management contracts) with respect to the management, maintenance or repair of the Premises or that otherwise would be binding upon the Premises or Landlord. In no event shall Tenant be required to surrender the Premises in any better condition than they were in on the Commencement Date. If Tenant fails to perform its removal obligations hereunder, without limiting any other right or remedy, Landlord may, on five (5) Business Days prior written notice to Tenant perform such obligations at Tenant’s expense, and Tenant shall promptly reimburse Landlord upon demand for all out-of-pocket costs and expenses incurred by Landlord in connection with such work. Tenant’s obligations under this Section shall survive the termination of this Lease. Any items of Tenant’s personal property or trade fixtures which remain in the Premises after the expiration date of the Term may, on five (5) Business Days prior written notice to Tenant, at the option of Landlord, be deemed abandoned and in such case may either be retained by Landlord as its property or be disposed of, without accountability, at Tenant’s expense in such manner as Landlord may see fit. The foregoing terms of this Section 4.8 shall survive the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 demandthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Mercury Computer Systems Inc), Lease Agreement (Mercury Computer Systems Inc)

Yield Up. Upon Tenant shall, at the expiration or earlier termination of the Term 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 to 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, signs, and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant shall return as Landlord may request wherever located and all of Tenant’s signs; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to Landlord remove), broom clean and in the same good order and condition, ordinary wear, only, excepted. Landlord reserves the right either repair in which Tenant is obliged 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 keep and maintain the Premises or Property, at no cost to Landlordby the provisions of this Lease. If Landlord requires Tenant to remove so requests, Tenant’s Installations, then at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such removal shall be done wiring and cabling for future use, and surrender such wiring and cabling in a good and workmanlike manner; and, upon such removal, Tenant shall restore safe condition on or before the Premises to its condition prior to the installation earlier of such Tenant Installations. If Tenant does not remove such Tenant Installations and repair and restore the Premises as required hereby within ten (10i) 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 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 Term term of this Lease, or Tenant’s right to possession (ii) the date on which Tenant discontinues the use of the Premises, 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 also remove its furniture, equipment, trade fixtures, other items of personal property, pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and all wiring replacements to the Premises and cabling (including but not limited to telephone, fiber optic, computer, communications, for use and fire alarm wires and cables) from occupancy during the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to period after the expiration or earlier termination of the Term or Tenant’s right to possession term of the Premises, Tenant shall be conclusively presumed to have conveyed the same to Landlord free this Lease 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 performance by Tenant to Landlord upon demandof its obligations under this subsection 6.1.

Appears in 2 contracts

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

Yield Up. Upon Tenant shall, at the expiration or earlier termination of the Term 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 to of possession and/or occupancy of the Premises, Tenant shall return as applicable, surrender all keys to the Premises; remove all of its trade fixtures and personal property in the Premises; remove such Alterations, signs and improvements made (or if applicable, restore any items removed) by or at Tenant’s request, as set forth in the following paragraph; repair all damage caused by such removal; repair all damage caused by such removal; and vacate and yield up the Premises to Landlord broom clean and in the same good order and conditionrepair in which Tenant is obligated to keep and maintain the Premises by the provisions of this Lease. Tenant shall not be required to remove Lxxxxxxx’s Work or Tenant’s Work. If the term of the Lease is extended beyond the Original Term, ordinary wear, only, excepted. Landlord reserves shall have the right either to require Tenant to remove any Alterations properly cap or seal its wiring and cabling (excepting Tenant’s initial improvements or Tenant’s Workwherever located) (as defined in Section 3.5.1) installed in the Building by Tenant (collectivelyat each end, “Tenant’s Installations”)properly label such wiring and cabling for future use, 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 and surrender such removal shall be done wiring and cabling in a good and workmanlike manner; and, safe condition 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but term. Any property not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 so removed shall be deemed abandoned, in which event Landlord abandoned and may cause such items to be removed and disposed of at Tenant’s expenseby Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire reasonable, without notice to Tenant out-of-pocket cost 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 expense incurred by it in effecting such removal and disposal from disposition and in making any incidental repairs and replacements to the Security DepositPremises required due to such removal. Notwithstanding the preceding provisions of this Subsection 6.1.9, with any costs thereof except for cabling as provided above, Tenant shall not be required to remove alterations made by it in excess the Premises if (i) Tenant’s request for Landlord’s consent to make such alterations contains a statement in capital letters notifying Landlord that Landlord shall have waived its right to require removal of such alterations at the end of the Security Deposit term unless Lxxxxxxx’s consent to such alterations requires, as a condition to Landlord’s consent, that Tenant is required to remove the alteration at the end of the term, and (ii) Landlord does not so notify Tenant that removal shall be paid by Tenant to Landlord upon demandrequired.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Yield Up. Upon Tenant shall, at the expiration or earlier termination of the Term or Tenant’s right of this Lease, (a) surrender all keys to possession of the Premises; (b) remove all of its trade fixtures and personal property in the Premises; (c) remove, Tenant shall return at Landlord’s election, such installations, data center equipment, off-line fire suppression systems and other alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant, wherever located; (d) remove all wiring and cabling installed by or on behalf of Tenant, wherever located; (e) repair all damage caused by such removal; and (f) vacate and yield up the Premises (including all installations, alterations, signs and improvements made by or on behalf of Tenant except as required to Landlord be removed by Tenant hereunder, broom clean and in the same good order and condition, ordinary wear, only, excepted. Landlord reserves the right either repair in which Tenant is obliged 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 keep and maintain the Premises or Property, at no cost to Landlordby the provisions of this Lease. If Landlord requires so requires, by written notice given to Tenant no later than thirty (30) days prior to remove expiration or earlier termination of this Lease, in lieu of Tenant’s Installationsremoval obligation set forth in clause (d) above, then Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such removal shall be done wiring and cabling for future use, and surrender such wiring and cabling in a good and workmanlike manner; and, upon such removal, Tenant shall restore safe condition on or before the Premises to its condition prior to the installation earlier of such Tenant Installations. If Tenant does not remove such Tenant Installations and repair and restore the Premises as required hereby within ten (10i) 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 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 Term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Landlord shall respond in the affirmative or negative to Tenant within thirty (30) days of any request by Tenant for Landlord’s determination as to whether it shall require Tenant to cap or seal its wiring or cabling in lieu of Tenant’s right to possession removal obligation set forth in clause (d) above. Any property not so removed shall be deemed abandoned and may be removed and disposed of the Premises, by Landlord in such manner as Landlord shall determine and Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and all wiring replacements to the Premises and cabling (including but not limited to telephone, fiber optic, computer, communications, for use and fire alarm wires and cables) from occupancy during the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to period after the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall be conclusively presumed to have conveyed the same to Landlord free this Lease 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 performance by Tenant to Landlord upon demandof its obligations under this Subsection 6.1.9.

Appears in 1 contract

Samples: Lease (Liquid Holdings Group, Inc.)

Yield Up. Upon At the expiration or earlier termination of the Term, Tenant shall surrender all keys to the Premises, remove all of its trade fixtures and personal property in the Premises, remove all Excluded Equipment (as defined the PSA) that it has elected to retain pursuant to Section 2 of the PSA, remove such installations and improvements made by Tenant after the Effective Date as Landlord may have required to be removed at the expiration of the Term or at the time of Landlord’s consent to such installations and improvements, and all Tenant’s right to possession of the Premisessigns wherever located, Tenant shall return the Premises to Landlord broom clean remove in accordance with applicable laws any and in good order and conditionall hazardous substances used, ordinary wearstored, only, excepted. Landlord 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 generated by Tenant (collectively, “Tenant’s Installations”), or to require Tenant to leave Tenant’s Installations on the Premises or Property, in connection with its business operations at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such 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 repair all damage caused by such removal (subject to the cost terms of this Section 10.9), and yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures) broom-clean and in the same condition which Tenant is obliged to keep and maintain the Premises under this Lease. Any property not so removed by Tenant within seven (7) days following Landlord’s notice to Tenant of such removal, storage, disposal and/or restoration from the 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 failure of the Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 removal shall be deemed abandoned, in which event Landlord abandoned and may cause such items to be removed and disposed of at 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. Landlord acknowledges that the sign structures on the Lot have been in place for a number of years. Tenant agrees to use commercially reasonable efforts to minimize any damage to the sign structures caused by the removal of Xxxxxx’s signs or other identification of Tenant therefrom. Xxxxxx agrees to provide Landlord with the scope of work for the removal of Xxxxxx’s signs from such sign structures before Tenant commences such removal. If, despite using such commercially reasonable efforts, any of Tenant’s expensesigns or other identification of Tenant cannot be removed from the associated sign structure without damage to such sign structure, without notice to Tenant and without obligation to compensate then such sign structure may not be removed by Tenant, and Landlord shall, prior the parties shall agree upon a process to returning remove the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct sign without removing 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 demandsign structure causing as little damage thereto as reasonably possible.

Appears in 1 contract

Samples: Lease (Haemonetics Corp)

Yield Up. Upon At the expiration of the term or earlier termination 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 made by 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 signs wherever located; to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by 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 and damage by casualty 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. Landlord shall, within ten (10) days after receipt of Xxxxxx'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, disassembled or otherwise modified at the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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”)Lease, or to require Tenant to leave Tenant’s Installations on otherwise. Any property not removed in accordance with the Premises or Property, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such 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 provisions 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 this subsection shall be deemed abandonedabandoned and, in which event if Landlord may cause such items so elects, deemed 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.Landlord's property,

Appears in 1 contract

Samples: Lease (Oak Technology Inc)

Yield Up. Upon the expiration or earlier termination of the Term or Tenant’s right to possession of the Premisesthis Lease, Tenant shall return surrender the Premises to Landlord broom clean and in good order repair and conditioncondition with proper fill of any previously excavated areas. Tenant shall further have the right, ordinary wearin Tenant’s sole discretion, only, excepted. Landlord reserves the right either to require Tenant to remove any Alterations such of its trade fixtures, machinery, equipment and other personal property (excepting Tenant’s initial improvements or Tenant’s Work) (as defined in Section 3.5.1) installed in the Building by Tenant (collectively, herein sometimes collectively called “Tenant’s InstallationsProperty), or to require Tenant to leave Tenant) which neither constitute part of nor are necessary for the operation of Seller’s Installations on the Premises or PropertySystem, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items time prior to the expiration or earlier sooner termination of the Term or Term. Any of 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 Property not so removed shall be deemed abandoned, in which event Landlord abandoned and may cause such items to be removed and disposed of at Tenant’s expense, without notice to by Landlord in such manner as Landlord shall determine. 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 shall pay the cost of such repairing any damage to the Premises which occurs during removal and disposal of Tenant’s Property from the Security DepositPremises. Tenant shall notify Landlord in writing not later than one (1) year prior to expiration of the Term, specifying those items of Tenant’s Property that Tenant intends to remove from the Premises. Tenant shall also, at its sole cost and expense, (i) provide Landlord with an Environmental Report dated within thirty (30) Days of the termination of the Term (the “Termination Date”) certifying that, subject to customary limitations and standards, the Premises do not contain any Hazardous Materials (as hereinafter defined), that were released, spilled or discharged thereon by Tenant and (ii) provide notice to governmental authorities and/or the Landlord that any licenses or permits granted with respect to the Premises should be transferred, as directed by Landlord, to Landlord or another party, and Tenant shall cooperate with Landlord, at Landlord’s reasonable expense, to transfer such permits and licenses. An “Environmental Report” shall be a report of an industrial hygienist, or other qualified professional, reasonably satisfactory to Landlord for which all testing shall have been performed no later than thirty (30) Days prior to the date of such report and which shall be the standard of diligence at the time for surrender of similar space used for similar purposes, together with any costs thereof additional investigation and report which would customarily follow any discovery contained in excess such initial report. 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, which indemnity, however, shall be subject to the provisions of Article XXIII of the Security Deposit to be paid by Tenant to Landlord upon demandAgreement.

Appears in 1 contract

Samples: Credit Agreement (Revel Entertainment Group, LLC)

Yield Up. Upon Tenant shall, at the expiration or earlier termination of the Term 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 to 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 return 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, wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to Landlord remove at the time of its consent, as set forth above), broom clean and in the good order and condition, ordinary wear, only, excepted. Landlord reserves the right either repair in which Tenant is obliged 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 keep and maintain the Premises or Property, at no cost to Landlordby the provisions of this Lease. If Landlord requires Tenant to remove so requests, Tenant’s Installations, then at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such removal shall be done wiring and cabling for future use, and surrender such wiring and cabling in a good and workmanlike manner; and, upon such removal, Tenant shall restore safe condition on or before the Premises to its condition prior to the installation earlier of such Tenant Installations. If Tenant does not remove such Tenant Installations and repair and restore the Premises as required hereby within ten (10i) 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 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 Term term of this Lease, or Tenant’s right to possession (ii) the date on which Tenant discontinues the use of the Premises, 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 also remove its furniture, equipment, trade fixtures, other items of personal property, pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and all wiring replacements to the Premises and cabling (including but not limited to telephone, fiber optic, computer, communications, for use and fire alarm wires and cables) from occupancy during the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to period after the expiration or earlier termination of the Term or Tenant’s right term of this Lease and prior to possession the performance by Tenant of its obligations under this Subsection 6.1.9. Notwithstanding the Premisespreceding provisions of this Subsection 6.1.9, Tenant shall not be conclusively presumed required to have conveyed remove or restore any of 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 initial Landlord’s sole option such items shall be deemed abandoned, Work installed 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 Premises upon the cost of such removal and disposal from the Security Deposit, with any costs thereof in excess expiration or earlier termination of the Security Deposit to be paid by Tenant to Landlord upon demandLease.

Appears in 1 contract

Samples: Lease (Prometheus Biosciences, Inc.)

Yield Up. Upon (a) Tenant shall yield up and surrender possession of the Premises to Landlord at the expiration of the Term or earlier termination of this Lease, free and clear of all tenants and occupants, 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. Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in effecting such removal and disposition, and in making any repairs and replacements to the Premises after surrender thereof by Tenant. Without limiting the foregoing, upon request of Tenant, 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 expiration of the Term provided that Tenant shall include the following legend in capitalized and bold type displayed prominently on the top of the first 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), LANDLORD MAY NOT REQUIRE TENANT TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE END OF THE TERM OF THE LEASE.” (b) If Tenant does not yield up and surrender the Premises or any part thereof after the expiration of the Term 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 the rent set forth in this Section 6.1.9(b) and otherwise upon the terms and conditions set forth in this Lease. If possession of the Premises (or any part thereof) is not surrendered to Landlord by the expiration or earlier termination of this Lease, then Tenant shall pay to Landlord for each month (or any portion thereof) prior to the Term or Tenant’s right to date on which Tenant actually surrenders possession of the Premises, Premises a holdover charge calculated as follows: (i) for each day during which Tenant shall return holds over in the Premises after the Expiration Date or sooner termination of this Lease, through and including the day which is thirty (30) days thereafter, a per diem holdover charge calculated at a rate equal to Landlord broom clean the greater of (a) 150% of the daily Fixed Rent, Additional Rent, and in good order all other charges payable under this Lease for the last full calendar month of the Term, and condition, ordinary wear, only, excepted. Landlord reserves (b) 150% of the right either to require Tenant to remove any Alterations (excepting Tenant’s initial improvements or Tenant’s Work) then-applicable fair market rental value of the Premises (as defined determined by Landlord in Section 3.5.1its reasonable discretion); and (ii) installed if Tenant holds over in the Building by Tenant Premises for more than thirty (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 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 (1030) days after request the Expiration Date or sooner termination of this Lease, a per diem holdover charge calculated at a rate equal to do so by Landlord, Landlord may remove, store and/or dispose the greater of (i) two hundred percent (200%) of the same and restore the PremisesFixed Rent, Additional Rent, and deduct other charges payable under this Lease for the cost month immediately preceding the date of such removal, storage, disposal and/or restoration from the 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 this Lease, or (ii) the Term or Tenant’s right to possession then-fair market rental value of the PremisesPremises (as determined by Landlord in its reasonable discretion). In addition, to the maximum extent permitted by law, Tenant shall also remove its furnitureindemnify and hold harmless Landlord from and against all loss, equipmentcost, trade fixturesexpense and damage (including all direct, other items of personal propertyconsequential, and any and all wiring and cabling (including but indirect damages) arising out of or resulting from Tenant’s failure to surrender the Premises by not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to later than the expiration of the Term or earlier termination of the Term 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 demandthis Lease.

Appears in 1 contract

Samples: Lease (Kura Oncology, Inc.)

Yield Up. Upon At the expiration of the Term, or earlier termination of this Lease: (a) to surrender all keys to the Term or Tenant’s right Premises; (b) to possession remove (i) all of its trade fixtures, machinery, equipment and personal property in the Premises, Tenant shall return (ii) such other installations made by Tenant, (including wiring installed within the Premises or in the common areas of the Building), unless Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination and (iii) all Tenant’s signs wherever located; (c) to Landlord broom repair the damage caused by such removal, and (d) to yield up the Premises (including all installations and improvements made by Tenant) broom-clean and in the same good order and condition, ordinary wear, only, excepted. Landlord reserves the right either repair in which Tenant is obligated 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 keep and maintain the Premises or Property, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such removal shall be done in a good and workmanlike manner; and, upon such removal, Tenant shall restore during 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 Security Deposit, with any such costs in excess thereof to be paid Term by the Tenant to Landlord upon demandprovisions of this Lease. Prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but Any property not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 so removed timely shall be deemed abandoned, in which event Landlord abandoned and may cause such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenantby Landlord in such manner as Landlord shall determine, and Tenant shall pay Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the entire cost of and expense incurred in: (i) effecting such removal and disposal from disposition; and (ii) making any incidental repairs and replacements to the Security Deposit, with any costs thereof in excess Premises. Tenant shall pay for use and occupancy during the period after the expiration of the Security Deposit Term and prior to its full performance of its obligations under this Lease as set forth in Section 4.1. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and delay in surrendering the Premises as above provided. Notwithstanding the foregoing, Landlord and Tenant hereby agree that Tenant shall not be paid obligated to remove any improvements approved by Tenant Landlord in writing pursuant to this Lease which Landlord agrees may stay upon demandTenant’s vacancy.

Appears in 1 contract

Samples: Lease Agreement (SciVac Therapeutics Inc.)

Yield Up. Upon At the expiration of the term or earlier termination 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 made by 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 and to yield up the Premises (including all installations and improvements made by 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. 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 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. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Xxxxxx’s failure and delay in surrendering the Premises as above provided if Xxxxxx holds over past the expiration or earlier termination of the Term (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 Tenant’s right is involved in negotiations to possession 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, Tenant shall return or is engaged in negotiations with a potential tenant for all or a portion of the Premises to 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 broom clean and indicates in good order and conditionthe Holdover Notice that none of the circumstances in the immediately preceding sentence then exists, ordinary wear, only, exceptedthen the Holdover Indemnity shall commence on the date that is thirty (30) days after the expiration of the Term if Xxxxxx holds over. Landlord reserves The inclusion of the right either to require preceding sentences in this Lease should not be construed as Landlord’s consent for Tenant to remove any Alterations (excepting Tenant’s initial improvements or Tenant’s Work) (as defined in Section 3.5.1) installed hold over, and shall not apply in the Building by Tenant (collectively, “Tenant’s Installations”), or to require Tenant to leave Tenant’s Installations on event that the Premises or Property, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such removal shall be done in a good and workmanlike manner; and, upon such removal, Tenant shall restore the Premises to its condition Lease is terminated prior to the installation scheduled expiration date of such the Term. ​ If the Tenant Installations. If Tenant does not remove such Tenant Installations and repair and restore remains in 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 Security Deposit, with any such costs in excess thereof to be paid by the Tenant to Landlord upon demand. Prior to 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 Term or Tenant’s right 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 possession 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 Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items 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 Term terms and conditions of this Lease as applicable, except that in no event shall any extension option, right of first offer or Tenant’s right to possession of the Premisesfirst refusal, 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; similar right or at Landlord’s sole option such items shall be deemed abandoned, in which event Landlord may cause applicable to such items to be removed and disposed of tenancy 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 demandsufferance.

Appears in 1 contract

Samples: Office Lease (Desktop Metal, Inc.)

Yield Up. Upon At the expiration or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the Term or Tenant’s right necessity of any notice, surrender the Premises (including all Tenant Work and all replacements thereof, except Xxxxxx's trade fixtures and personal property and except such additions, alterations and other Tenant Work as Landlord may direct to possession of be removed, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises, Tenant shall return remove all of its trade fixtures and personal property not bolted or otherwise attached to the Premises (and such trade fixtures and other property bolted or attached to the Premises as Landlord may direct), and all Tenant's signs wherever located, in each case repairing damage to the Premises which results in the course of such removal and restoring the Premises to a fully functional and tenantable condition (including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles). Tenant may, at the time Tenant requests approval of any Tenant Work, ask Landlord broom whether such Tenant Work will be required to be removed at the expiration of the Term. If Landlord does not indicate in response to such an inquiry that such Tenant Work will be subject to removal, then Landlord may not require its removal at the expiration of the Term. Tenant shall yield up the Premises broom-clean and in good order order, repair and condition, ordinary wear, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article VI only, ) excepted. Landlord reserves the right either to require Tenant to remove any Alterations Any property not so removed within thirty (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 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 (1030) 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 Lease shall be deemed abandoned, in which event Landlord abandoned and may cause such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenantby Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the entire cost of and expense incurred by it in effecting such removal and disposal from disposition and in making any incidental repairs to the Security Deposit, with any costs thereof in excess of the Security Deposit to be paid by Tenant to Landlord upon demandPremises.

Appears in 1 contract

Samples: Lease Agreement (Boston Technology Inc)

Yield Up. Upon At the expiration of the term or earlier termination 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 made by 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 and to yield up the Premises (including all installations and improvements made by 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, 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 Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, exceptedLease. Landlord 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 removal Any property not so removed shall be done in a good and workmanlike manner; deemed abandoned and, upon such removalif Landlord so elects, 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 Security Deposit, with any such costs in excess thereof deemed to be paid by the Tenant to Landlord upon demand. Prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal Landlord's property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration may be retained or earlier termination of the Term 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 by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost 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 expense incurred by it in effecting such removal and disposal from disposition and in making any incidental repairs and replacements to the Security Deposit, with any costs thereof in excess Premises and for use and occupancy during the period after the expiration of the Security Deposit term and prior to be paid by Tenant to Landlord upon demandits performance of its obligations under this subsection 6.1.

Appears in 1 contract

Samples: Lease (Acme Packet Inc)

Yield Up. Upon At the expiration or earlier termination of the Term or Tenant’s right this Lease, Tenant shall surrender all keys to possession of the Premises, Tenant shall return remove all personal property, remove such installations made by it as Landlord may request and all Tenant's signs, and yield up the Premises (including all Tenant's installations and improvements made except for those which Landlord requested Tenant to Landlord remove) broom clean and in the same good order order, repair and conditioncondition in which Tenant is obliged to maintain the same under this Lease. Tenant's property not removed within thirty (30) days may be disposed of by Landlord as Landlord shall determine. Tenant indemnifies Landlord against all loss, ordinary wearcost and damage, only, excepted. Landlord reserves including without limitation reasonable attorneys' fees and costs resulting from Tenant's failure and delay in surrendering 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 LandlordPremises. If Landlord requires Tenant Tenant's failure to remove Tenant’s Installations, then such 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 surrender the Premises as required hereby within ten hereunder renders the Premises unavailable for use by another tenant (10) days after request to do so by Landlordfor example, Landlord may removewhere Tenant or another person claiming under Tenant remains in occupancy or Tenant or other such person has caused, store and/or dispose of permitted or suffered the same and restore contamination of, the Premises, and deduct the cost of such removal, storage, disposal and/or restoration from the Security Deposit, Premises or areas adjacent thereto 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premisesa Hazardous Substance), Tenant shall be conclusively presumed deemed in holdover status while such state of facts continues to have conveyed exist and shall be liable under Section 13 in addition to all other liability under the same Lease, including this Section. 8.6.1 What are intended to be Fixtures. Equipment, improvements and appurtenances attached to or built into the Premises prior to or during the Term shall be and remain part of the Premises and are intended as real estate fixtures and shall not be removed by Tenant unless otherwise expressly provided in this Lease or except as otherwise expressly provided in a separate written agreement signed by both Landlord free and clear of any Tenant. All electrical, plumbing, heating and all liens sprinkling systems, fixtures and security interests without further payment or credit by Landlord to Tenant; or at Landlord’s sole option such items outlets, vaults, paneling, molding, shelving, radiator enclosures, flooring, HVAC equipment and HVAC ducts shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant’s expensereal estate fixtures, without notice whether or not attached to Tenant and without obligation to compensate Tenant, and Landlord shall, prior to returning or built into 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 demandPremises.

Appears in 1 contract

Samples: Lease (Epix Medical Inc)

Yield Up. Upon At the expiration of the Term or earlier termination of the Term or Tenant’s right this Lease, Tenant shall surrender all keys to possession of the Premises, Tenant shall return remove all of its furnishings, fixtures, equipment, materials, supplies, inventory, effects and other personal property in or on the Premises to Landlord broom clean and in good order and conditionPremises, ordinary wear, only, excepted. Landlord reserves the right either to require Tenant to remove any of Tenant's Fixtures and Equipment and Subsequent Alterations (excepting Tenant’s initial improvements or Tenant’s Work) (as defined in Section 3.5.1) installed in the Building and Improvements made by Tenant (collectivelywhich are not Base Building Elements, “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 removal shall be done in a good and workmanlike manner; and, upon repair any damage caused by such removal, Tenant shall restore leave Tenant's Specialized Improvements/Base Building Upgrades and any Subsequent Alterations and Improvements which are Base Building Elements, remove all of its signs wherever located, repair all damage caused by any such removal and yield up the Premises to its (including Tenant's Specialized Improvements/Base Building Upgrades and any Subsequent Alterations and Improvements which are Base Building Elements) in the same good, clean, first class, working and tenantable order, condition prior to the installation of such Tenant Installations. If Tenant does not remove such Tenant Installations and repair in which Tenant is obliged to keep and restore maintain 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 Security Deposit, with any such costs in excess thereof to be paid by the Tenant provisions of this Lease excluding (a) reasonable wear and tear, (b) damage by fire or other casualty or taking by condemnation or eminent domain (which are instead governed by Articles XIV and XV hereof) and (c) elements which are Landlord's responsibility to Landlord upon demandmaintain and repair under the provisions hereof. Prior to the expiration or earlier termination Any of the Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but 's aforesaid property not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 so removed shall be deemed abandoned, in which event abandoned and may be retained by Landlord or may cause such items to be removed and disposed of at Tenant’s expense, without notice to by Landlord in such manner as Landlord shall determine. Tenant shall pay Landlord the entire cost and without obligation to compensate Tenant, and expense incurred by Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the cost of in effecting such removal and disposal disposition and in making any incidental repairs and replacements to the Premises. Without limiting the foregoing, Tenant shall have the right upon the expiration or termination of this Lease to remove all of its trade fixtures, furnishings and equipment from the Security DepositPremises, provided that Tenant is not then in default hereunder after any applicable notice and cure periods and that Tenant complies with any costs thereof all requirements of this Section 16.1 in excess of the Security Deposit to be paid by Tenant to Landlord upon demandmaking such removals.

Appears in 1 contract

Samples: Lease Agreement (Sepracor Inc /De/)

Yield Up. Upon At the expiration of the Term, or earlier termination of this Lease: (a) to surrender all keys to the Term or Tenant’s right Premises; (b) to possession remove (i) all of its trade fixtures, machinery, equipment and personal property in the Premises, Tenant shall return (ii) such other installations made by Tenant, (excluding wiring installed within the Premises or in the common areas of the Building), unless Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination and (iii) all Tenant’s signs wherever located; (c) to Landlord broom repair the damage caused by such removal, and (d) to yield up the Premises (including all installations and improvements made by Tenant) broom-clean and in the same good order and condition, ordinary wear, only, excepted. Landlord reserves the right either repair in which Tenant is obligated 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 keep and maintain the Premises or Property, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such removal shall be done in a good and workmanlike manner; and, upon such removal, Tenant shall restore during 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 Security Deposit, with any such costs in excess thereof to be paid Term by the Tenant to Landlord upon demandprovisions of this Lease. Prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but Any property not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 so removed timely shall be deemed abandoned, in which event Landlord abandoned and may cause such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenantby Landlord in such manner as Landlord shall determine, and Tenant shall pay Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the entire cost of and expense incurred in: (i) effecting such removal and disposal from disposition; and (ii) making any incidental repairs and replacements to the Security Deposit, with any costs thereof in excess Premises. Tenant shall pay for use and occupancy during the period after the expiration of the Security Deposit Term and prior to its full performance of its obligations under this Lease as set forth in Section 4.1. Tenant shall further indemnify Landlord against all loss, cost and damage caused by Tenant’s failure and delay in surrendering the Premises as above provided. Notwithstanding the foregoing, Landlord and Tenant hereby agree that Tenant shall not be paid obligated to remove any improvements approved by Tenant Landlord in writing pursuant to this Lease in which Landlord upon demandso agrees.

Appears in 1 contract

Samples: Lease Agreement (Targanta Therapeutics Corp.)

Yield Up. Upon the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean and in good the same order and conditioncondition existing on the Lease Commencement Date (and with respect to any space added to the Premises, the condition of such space on the date of delivery of such space to Tenant), ordinary wear, only, excepted, subject, however, to the following provisions. Furthermore, Landlord reserves the right either to shall not 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 unless such Tenant’s Alterations are special purpose installations such as interior staircases between floors, safes, high density filing systems, kitchens (not including accessory coffee stations), and the like, which are not customary in similar buildings, and Landlord specifies the items which are to be removed during its approval of the plans for such items. Further, Landlord will not specify removal of cabling, conduits, wiring, supplemental HVAC and the like. If Tenant desires to remove any such Tenant Installations on the Premises or Propertyother items which Landlord may not require to be removed, at no cost to Tenant may only remove such items upon receipt of Landlord’s approval thereof. If Landlord requires Tenant to remove Tenant’s InstallationsInstallations (or if Tenant has received approval to remove such items), then such 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 Landlordincluding, Landlord may removewithout limitation, 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 Security Deposit, with repairing any such costs in excess thereof to be paid damage caused by the Tenant to Landlord upon demandremoval of Tenant’s Installations). Prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, fixtures and other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) property from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 1 contract

Samples: Lease Agreement (Acme Packet Inc)

Yield Up. Upon At the expiration or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the Term 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 have directed in advance of their installation and otherwise in accordance with this Lease, to be removed at the end of the expiration or Tenant’s right termination of this Lease, which shall be removed by Tenant and the Premises restored to possession of their pre-existing condition) and all keys to the Premises, remove all of its trade fixtures and personal property not bolted or otherwise attached to the Premises (and such trade fixtures and other property bolted or attached to the Premises as Landlord may have directed in advance of their installation and otherwise in accordance with this Lease to be removed at the end of the expiration or termination of this Lease), and all Tenant’s signs wherever located, 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 floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles) except in each case for ordinary wear and tear. Tenant shall return yield up the Premises to Landlord broom broom-clean and in good order order, repair and condition, ordinary wear, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article VI only, ) excepted. Landlord reserves the right either to require Tenant to remove any Alterations Any property not so removed within thirty (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 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 (1030) 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 Lease shall be deemed abandoned, in which event Landlord abandoned and may cause such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenantby Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the entire cost of and expense incurred by it in effecting such removal and disposal from disposition and in making any incidental repairs to the Security Deposit, with any costs thereof in excess of the Security Deposit to be paid by Tenant to Landlord upon demandPremises.

Appears in 1 contract

Samples: Lease Agreement (Catcher Holdings, Inc)

Yield Up. Upon At the expiration or earlier termination of the Term or Tenant’s right this Lease, Tenant shall surrender all keys to possession of the Premises, Tenant shall return remove all personal property, remove such installations made by it as Landlord may request and all Tenant's signs, and yield up the Premises (including all Tenant's installations and improvements made by Tenant to 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 conditioncondition in which Tenant is obliged to maintain the same under this Lease. Tenant's property not removed within thirty (30) days may be disposed of by Landlord as Landlord shall determine. Tenant indemnifies Landlord against all loss, ordinary wearcost and damage, only, excepted. Landlord reserves including without limitation attorneys' fees and costs resulting from Tenant's failure and delay in surrendering 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 LandlordPremises. If Landlord requires Tenant Tenant's failure to remove Tenant’s Installations, then such 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 surrender the Premises as required hereby within ten hereunder renders the Premises unavailable for use by another tenant (10) days after request to do so by Landlordfor example, Landlord may removewhere Tenant or another person claiming under Tenant remains in occupancy or Tenant or such other person has caused, store and/or dispose of permitted or suffered the same and restore contamination of, the Premises, and deduct the cost of such removal, storage, disposal and/or restoration from the Security Deposit, Premises or areas adjacent thereto 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premisesa Hazardous Substance), Tenant shall be conclusively presumed deemed in holdover status while such state of facts continues to have conveyed exist and shall be liable under Section l3 in addition to all other liability under the same Lease, including this Section. 8.6.1 What are Intended to be Fixtures. Equipment, fixtures, improvements and appurtenances attached to or built into the Premises prior to or during the Term shall be and remain part of the Premises and are intended as real estate fixtures and shall not be removed by Tenant unless otherwise expressly provided in this Lease or except as otherwise expressly provided in a separate written agreement signed by both Landlord free and clear Tenant contemporaneously with or after the execution of any this Lease. All electric, plumbing, heating and all liens sprinkling systems, fixtures and security interests without further payment or credit by Landlord to Tenant; or at Landlord’s sole option such items outlets, vaults, panelling, molding, shelving, radiator enclosures, flooring, HVAC equipment and HVAC ducts shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant’s expensereal estate fixtures, without notice whether or not attached to Tenant and without obligation to compensate Tenant, and Landlord shall, prior to returning or built into 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 demandPremises.

Appears in 1 contract

Samples: Lease (Epix Medical Inc)

Yield Up. Upon (a) To yield up and surrender possession of the Premises to Landlord at the expiration of the Term or earlier termination of this Lease; to surrender all keys to the Premises; to remove all of its trade fixtures and personal property from the Premises; to remove all Tenant’s Telecommunications Equipment and wires and cables installed by or on behalf of Tenant; to remove such Specialty Alterations installed in the Premises after the Date of this Lease as Landlord may request in accordance with the provisions of this Section 6.1.9 and all Tenant’s signs wherever located; to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by Tenant, except for trade fixtures and such of such 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. 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. Tenant shall reimburse Landlord for the entire cost and expense incurred by it in effecting the removal and disposition of property which was required to be removed by Tenant pursuant to this Lease, and in making any repairs and replacements to the Premises after surrender thereof by Tenant. Without limiting the foregoing, concurrent with the review of the applicable Construction Documents in connection with a Change Order or, upon request of Tenant, concurrent with the review of other 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 expiration of the Term provided that Tenant shall include the following legend in capitalized and bold type displayed prominently on the top of the first 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), LANDLORD MAY NOT REQUIRE TENANT TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE END OF THE TERM OF THE LEASE.” (b) If the Tenant remains in the Premises beyond the expiration of the Term 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 the rent set forth in this Section 6.1.9(b) and otherwise upon the terms and conditions set forth in this Lease. If possession of the Premises (or any part thereof) is not surrendered to Landlord on the expiration or earlier termination of this Lease, then (i) Tenant shall pay to Landlord for each month (or any portion thereof) prior to the Term or Tenant’s right to date on which Tenant actually surrenders possession of the Premises, Tenant shall return a sum equal to one hundred and fifty percent (150%) of the Fixed Rent, Additional Rent, and other charges payable under this Lease as of the day immediately preceding the date of expiration or earlier termination of this Lease, and (ii) if possession of the Premises (or any part thereof) is not surrendered to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord reserves by the right either to require Tenant to remove any Alterations date which is ninety (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 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 (1090) 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 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 Term this Lease, then Tenant also shall indemnify and hold harmless Landlord from and against all damages (direct, consequential, or Tenant’s right to possession indirect) arising out of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) or resulting from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 demandholding over.

Appears in 1 contract

Samples: Lease (Tokai Pharmaceuticals Inc)

Yield Up. Upon At the expiration of the term or earlier termination 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 change to the architectural floor plan of the Premises after the Commencement Date); to remove such installations made by Tenant as Landlord may designate for removal at the time that Landlord approves such installations (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 and to yield up the Premises (including all installations and improvements made by 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. 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 Xxxxxx’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 Term Lease. Any property not removed pursuant to this provision shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or Tenant’s right 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 and in making any incidental repairs and replacements to possession the Premises and for use and occupancy during the period after the expiration of the Premises, term and prior to its performance of its obligations under this subsection 6.1.9. Tenant shall return the Premises to further indemnify Landlord broom clean against all loss, cost and damage resulting from Xxxxxx’s failure and delay in good order and condition, ordinary wear, only, excepted. Landlord 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 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 surrendering 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 Security Deposit, with any such costs in excess thereof to be paid by above provided. If the Tenant to Landlord upon demand. Prior to remains in the Premises 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 Term or Tenant’s right Tenant shall be a tenant at sufferance only at a daily rate of rent equal to possession two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes under this Lease as of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items day prior to the date of expiration or earlier termination of the Term 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 demandthis Lease.

Appears in 1 contract

Samples: Office Lease (Capstone Dental Pubco, Inc.)

Yield Up. Upon At the expiration of the term or earlier termination 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 made by 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 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 to yield up the Premises (including all installations and improvements made by 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. 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 Term 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 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. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean failure and delay in good order and condition, ordinary wear, only, excepted. Landlord 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 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 surrendering 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 Security Deposit, with any such costs in excess thereof to be paid by above provided. If the Tenant to Landlord upon demand. Prior to remains in the Premises 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 Term or Tenant’s right Tenant shall be a tenant at sufferance only at a daily rate of rent equal to possession two (2) times the rent and other charges in effect under this Lease as of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items day prior to the date of expiration or earlier termination of the Term 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 demandthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Infraredx Inc)

Yield Up. Upon Tenant shall, at the expiration or earlier termination of the Term or Tenant’s right term of this Lease, surrender all keys to possession of the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant shall return as Landlord may request, wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to Landlord remove), broom clean and in the same good order and condition, ordinary wear, only, excepted. Landlord reserves the right either repair in which Tenant is obliged 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 keep and maintain the Premises or Propertyby the provisions of this Lease, at no cost to Landlorddamage by casualty and ordinary wear and tear excepted. If Landlord requires so requests by notice to Tenant not later than ninety (90) days prior to remove Tenant’s Installationsthe expiration or any earlier termination of the term of this Lease, then and in the absence of such removal notification by such date such right shall be done 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 workmanlike manner; and, upon such removal, Tenant shall restore safe condition on or before the Premises to its condition prior to the installation earlier of such Tenant Installations. If Tenant does not remove such Tenant Installations and repair and restore the Premises as required hereby within ten (10i) 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 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 Term term of this Lease, or Tenant’s right to possession (ii) the date on which Tenant discontinues the use of the Premises, 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 also remove its furniture, equipment, trade fixtures, other items of personal property, pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and all wiring replacements to the Premises and cabling (including but not limited to telephone, fiber optic, computer, communications, for use and fire alarm wires and cables) from occupancy during the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to period after the expiration or earlier termination of the Term or Tenant’s right to possession term of the Premises, Tenant shall be conclusively presumed to have conveyed the same to Landlord free this Lease 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 performance by Tenant to Landlord upon demandof its obligations under this subsection 6.1.9.

Appears in 1 contract

Samples: Lease Agreement (Leap Therapeutics, Inc.)

Yield Up. Upon At the termination of this Lease, peaceably to yield up the Premises clean and in good order, repair and condition and in compliance with all applicable Legal Requirements, reasonable wear and tear and damage by fire or casualty excepted, and to deliver to Landlord all keys to the Premises or any part thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease as if by a bixx xf sale, unless Landlord elects otherwise and notifies Tenant to remove any such tenant improvements at any time prior to the expiration of the Lease Term. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of the Term or Tenant’s right to possession of the Premisesthis Lease. Upon demand by Landlord, Tenant shall return the Premises to Landlord broom clean and in good order and conditionremove, ordinary wear, only, excepted. Landlord reserves the right either to require Tenant to remove any Alterations (excepting at Tenant’s initial improvements or Tenant’s Work) sole cost and expense, forthwith and with all due diligence (as defined but 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 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items event prior to the expiration or earlier termination of the Term Lease Term), any such alterations, additions or Tenant’s right improvements which are designated by Landlord to possession of be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises or the Building or the Site caused by such removal. In the event Tenant fails so to remove any such alterations, additions and improvements or fails to repair any such damage to 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 Building or credit by Landlord to Tenant; or at Landlord’s sole option such items shall be deemed abandonedthe Site, in which event Landlord may cause such items to be removed do so and disposed of at Tenant’s expense, without notice to collect from 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, repair in accordance with any costs thereof in excess of the Security Deposit to be paid by Tenant to Landlord upon demandSection 7.8 hereof.

Appears in 1 contract

Samples: Lease Agreement (One)

Yield Up. Upon At the expiration of the Term or earlier termination 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 Final Plans if Tenant has made no installations after the Commencement Date); to remove all wiring and cabling; to remove all rooftop equipment, and such installations and alterations made by it, including the TIW, as Landlord had designated for removal at the time of Landlord’s approval of such installations or alterations, as set forth below and all Tenant’s signs wherever located; to repair all damage caused by such removal and restore any damaged areas to normal office finishes standard for the Building; and to yield up the Premises (including all installations and improvements made by Tenant (which shall be intact and in good working order, reasonable wear and tear and casualty damage excepted) except for Tenant’s trade fixtures and such of said installations or improvements as Landlord shall have requested Tenant to remove at the time of plan approval as set forth below. Landlord reserves the right to require removal of any alterations for which plans were not required pursuant to the provisions of Section 6.2.5 of this Lease, if Tenant had failed to so request Landlord’s designation for removal as set forth in Section 6.2.5. Tenant shall surrender the Premises broom-clean and in the condition the same were in on the Commencement Date, reasonable wear and tear and casualty damage excepted. Tenant, at the time of requesting Landlord’s approval of any installations or alterations in the Premises, including the TIW and any Tenant’s Work Change Orders (whether or not plans are required for the installation) shall request in writing that Landlord designate which such installations or alterations must be removed at the expiration or earlier termination of the Term or this Lease. After receipt of Tenant’s right to possession of the Premisesrequest, Landlord shall notify Tenant shall return in writing which such installations or alterations must be removed from the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 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 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 this Lease. If Landlord does not indicate that a particular installation must be removed, then Landlord shall not later have the Term right to request its removal. Likewise, if Tenant, when making any installations or alterations, fails to so request in writing whether Landlord will require removal of such installation or alteration, then Landlord reserves the right to require Tenant to remove the installation or alteration at the end of the Term. With respect to the TIW, Tenant need not make a formal written request; however, Landlord shall, as part of its approval of the Schematic Design Plans provide a preliminary summary of which items, if any, it requires be removed. Landlord will provide Tenant with a progress summary of items designated for removal as soon as practical following receipt of the Design Development Permitting/Pricing Plans, taking into consideration that the resulting Final Plans may necessitate amendment of Landlord’s summary of items that require end of term removal. In any event, Landlord agrees to be reasonable in determining whether any installation or alteration must be removed and agrees to limit its removal requirements to those installations or alterations that Landlord deems specialized for Tenant’s right use and not typical for normal office tenant use (such as specialty process electrical systems, chillers, generators, and nitrogen tanks, by way of example, but not finishes and architectural elements included in the TIW). Any property required to possession be removed that is 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 and in making any incidental repairs and replacements to the Premises. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and delay in surrendering the Premises as above provided; however, notwithstanding the foregoing, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and not be liable for any and all wiring and cabling consequential damages if Tenant occupies the Premises for fewer than thirty (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables30) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to days beyond the expiration or earlier termination of the Term or Tenant’s right to possession of the Premisesthis Lease. Except as specifically provided for in this Section 6.1.9, Tenant shall not be conclusively presumed to have conveyed the same to Landlord free and clear liable for any consequential damages for breach of any and all liens and security interests without further payment provision of this Lease. If the Tenant remains in the Premises beyond the expiration or credit by Landlord to Tenant; or at Landlord’s sole option earlier termination of this Lease, such items holding over shall be without right and shall not be deemed abandonedto create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate equal to one and one-half (1.5) times the Rent in which event Landlord may cause effect under this Lease as of the day prior to the date of expiration of this Lease, for the first thirty (30) days of such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenantholding over, and Landlord shall, thereafter at a daily rate of two (2) times the Rent in effect as of the day prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the cost date of such removal and disposal from the Security Deposit, with any costs thereof in excess expiration of the Security Deposit to be paid by Tenant to Landlord upon demandthis Lease.

Appears in 1 contract

Samples: Office Lease (Avid Technology, Inc.)

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Yield Up. Upon At the expiration of the Term or earlier termination of the Term or Tenant’s right this Lease: to possession of surrender all keys to the Premises, to remove all 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 Land or which Landlord has agreed in writing that Tenant may remove at the expiration of the Term, to remove such installations made by Xxxxxx as Landlord may request (provided that Landlord may only make such request for items that are not included in the initial Tenant's Work or that are not typical and customary for first class office buildings in the greater Boston area and all such requests shall return be made at the time of Landlord approval of such installation) and all Tenant's signs wherever located, to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by Tenant, except for trade fixtures, and such of said installations or improvements as Landlord shall request Tenant to Landlord broom remove), broom-clean and in the same good order and condition, ordinary wear, only, excepted. Landlord reserves the right either repair in which Tenant is obliged 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 keep and maintain the Premises or Property, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such 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 Security Deposit, with any such costs in excess thereof to be paid by the Tenant to Landlord upon demandprovisions of this Lease. Prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but Any property not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 so removed shall be deemed abandoned, in which event abandoned and may be retained by Landlord or may cause such items to be removed and disposed of at Tenant’s expense, without notice to by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and without obligation to compensate Tenant, and expense incurred by Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the cost of in effecting such removal and disposal from disposition and in making any incidental repairs and replacements to the Security Deposit, with any costs thereof in excess Premises. For each day after the expiration of the Security Deposit Term, or the earlier termination of this Lease, and prior to be paid by Tenant's performance of its obligation to yield up the Premises under this Section 5.1.10, Tenant shall pay to Landlord upon demandas rent an amount equal to 150% of the Fixed Rent computed on a daily basis, together with all Additional Rent payable with respect to each such day. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Xxxxxx's delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Net Lease (Millipore Corp /Ma)

Yield Up. Upon At the termination of this Lease, peaceably to yield up the Premises clean and in good order, repair and condition and in compliance with all applicable Legal Requirements, reasonable wear and tear and damage by fire or casualty or taking by eminent domain only excepted, and to deliver to Landlord all keys to the Premises or any part thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease as if by a xxxx of sale, unless Landlord elects otherwise and notifies Tenant to remove any such tenant improvements at any time prior to the expiration of the Lease Term. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of the Term or Tenant’s right to possession of the Premisesthis Lease. Upon demand by Landlord, Tenant shall return the Premises to Landlord broom clean and in good order and conditionremove, ordinary wear, only, excepted. Landlord reserves the right either to require Tenant to remove any Alterations (excepting at Tenant’s initial improvements or Tenant’s Work) sole cost and expense, forthwith and with all due diligence (as defined but 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 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items event prior to the expiration or earlier termination of the Term Lease Term), any such alterations, additions or Tenant’s right improvements which are designated by Landlord to possession of be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises or the Building or the Business Park caused by such removal. In the event Tenant fails so to remove any such alterations, additions and improvements or fails to repair any such damage to 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 Building or credit by Landlord to Tenant; or at Landlord’s sole option such items shall be deemed abandonedthe Business Park, in which event Landlord may cause such items to be removed do so and disposed of at Tenant’s expense, without notice to collect from 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, repair in accordance with any costs thereof in excess of the Security Deposit to be paid by Tenant to Landlord upon demandSection 7.8 hereof.

Appears in 1 contract

Samples: Lease Agreement (Avici Systems Inc)

Yield Up. Upon At the expiration of the Term or earlier termination 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 Final Plans if Tenant has made no installations after the Commencement Date); to remove all wiring and cabling; to remove all rooftop equipment, and such installations and alterations made by it, including the TIW, as Landlord had designated for removal at the time of Landlord’s approval of such installations or alterations (as set forth below) and all Tenant’s signs wherever located; to repair all damage caused by such removal and restore any damaged areas to normal office finishes standard for the Building; and to yield up the Premises, including all installations and improvements made by Tenant (which shall be intact and in good working order, reasonable wear and tear and casualty damage excepted), except for Tenant’s trade fixtures and such of said installations or improvements as Landlord shall have requested Tenant to remove at the time of plan approval as set forth below. Landlord reserves the right to require removal of any alterations for which plans were not required pursuant to the provisions of Section 6.2.5 of this Lease, if Tenant had failed to so request Landlord’s designation for removal of such alterations as set forth in Section 6.2.5. Tenant shall surrender the Premises broom-clean and in the condition the same were in on the Commencement Date, reasonable wear and tear and casualty damage excepted. Tenant, at the time of requesting Landlord’s approval of any installations or alterations in the Premises, including the TIW and Tenant’s Work Change Orders (whether or not plans are required for the installation) shall request in writing that Landlord designate which such installations or alterations must be removed at the expiration or earlier termination of the Term or this Lease. After receipt of Tenant’s right to possession of the Premisesrequest, Landlord shall notify Tenant shall return in writing which such installations or alterations must be removed from the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 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 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 this Lease. If Landlord does not indicate that a particular installation must be removed, then Landlord shall not later have the Term right to request its removal. Likewise, if Tenant, when making any installations or alterations, fails to so request in writing whether Landlord will require removal of such installation or alteration, then Landlord reserves the right to require Tenant to remove the installation or alteration at the end of the Term. With respect to the TIW, Tenant need not make a formal written request; however, Landlord shall, as part of its approval of the Schematic Design Plans provide a preliminary summary of which items, if any, it requires be removed. Landlord will provide Tenant with a progress summary of items designated for removal as soon as practical following receipt of the Design Development Permitting/Pricing Plans, taking into consideration that the resulting Final Plans may necessitate amendment of Landlord’s summary of items that require end of term removal. In any event, Landlord agrees to be reasonable in determining whether any installation or alteration must be removed and agrees to limit its removal requirements to those installations or alterations that Landlord deems specialized for Tenant’s right use and not typical for normal office tenant use (such as specialty process electrical systems, chillers, generators, nitrogen tanks, by way of example, but not finishes and architectural elements included in the TIW). Any property required to possession be removed that is 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 and in making any incidental repairs and replacements to the Premises. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and delay in surrendering the Premises as above provided; however, notwithstanding the foregoing, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and not be liable for any and all wiring and cabling consequential damages if Tenant occupies the Premises for fewer than thirty (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables30) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to days beyond the expiration or earlier termination of the Term or Tenant’s right to possession of the Premisesthis Lease. Except as specifically provided for in this Section 6.1.9, Tenant shall not be conclusively presumed to have conveyed the same to Landlord free and clear liable for any consequential damages for breach of any and all liens and security interests without further payment provision of this Lease. If the Tenant remains in the Premises beyond the expiration or credit by Landlord to Tenant; or at Landlord’s sole option earlier termination of this Lease, such items holding over shall be without right and shall not be deemed abandonedto create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate equal to one and one-half (1.5) times the Rent in which event Landlord may cause effect under this Lease as of the day prior to the date of expiration of this Lease, for the first thirty (30) days of such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenantholding over, and Landlord shall, thereafter at a daily rate of two (2) times the Rent in effect as of the day prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the cost date of such removal and disposal from the Security Deposit, with any costs thereof in excess expiration of the Security Deposit to be paid by Tenant to Landlord upon demandthis Lease.

Appears in 1 contract

Samples: Office Lease (Avid Technology, Inc.)

Yield Up. Upon At the expiration of the Term or earlier termination of this Lease: to surrender all keys to the Premises, to remove all 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 made by Tenant as Landlord shall have requested at the time of their installation, and all Tenant’s signs wherever located, to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by 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, 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 Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises. For each day after the expiration of the Term, or the earlier termination of this Lease, and prior to Tenant’s performance of its obligation to yield up the Premises under this Section 5.1.10, Tenant shall pay to Landlord as rent an amount equal to twice the Fixed Rent in effect at the termination of the Lease computed on a 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 may undertake all steps necessary to obtain certifications from a reputable licensed environmental engineer satisfactory to Landlord (Tenant hereby agreeing to cooperate with the 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 Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 demandthis Lease.

Appears in 1 contract

Samples: Net Lease (Aspect Medical Systems Inc)

Yield Up. Upon the expiration or sooner termination of this Agreement: (a) Tenant shall vacate and surrender the Property to Landlord in substantially the same condition in which the Property was in on the Commencement Date, except as repaired, rebuilt, restored, altered or added to as permitted or required by the provisions of this Agreement, reasonable wear and tear excepted (and casualty damage and Condemnation, in the event that this Agreement is terminated following a casualty or Condemnation in accordance with Article 10 or Article 11 excepted). (b) Within sixty (60) days following the effective date of such expiration or earlier termination, Tenant will submit to Landlord an audited final accounting of Total Hotel Sales, Additional Rent and deposits to and withdrawals from the FF&E Reserve and all accounts between Landlord and Tenant through the effective date of such expiration or earlier termination, the cost of which audit shall be shared equally by Tenant and Landlord and shall not be an Operating Cost and shall be performed by Ernst & Young or another accounting firm selected by Tenant and approved by Landlord. Said final accounting shall be accompanied by a Financial Officer's Certificate and will promptly be submitted by Tenant to Landlord for its approval. Landlord shall not unreasonably withhold or delay its approval of the final accounting and any such disapproval shall contain reasonably detailed explanation for disapproval. Within thirty (30) days after delivery of such final accounting, the parties will make appropriate adjustments to any amounts previously paid or due under this Agreement. (c) On the effective date of such expiration or earlier termination, Tenant will deliver to Landlord all Records of the Hotel, provided that Tenant may retain copies of any of the same for Tenant's records. Notwithstanding the foregoing, Tenant will not be required to deliver to Landlord any information or materials (including, without limitation, software, database, manuals and technical information) which are proprietary property of Tenant. (d) On the effective date of such expiration or earlier termination, Tenant will deliver any and all keys or other access devices of the Property, to Landlord. (e) On the effective date of such expiration or earlier termination Tenant will assign to Landlord or its designee, and Landlord or such designee will assume, all booking, reservation, service and operating contracts relating exclusively to the occupancy or operation of the Hotel and entered into in the ordinary course of business by Tenant. Landlord agrees to indemnify and hold Tenant harmless from liability or other obligations under any such agreements relating to acts or occurrences, including Landlord's or such designee's failure to perform, on or after the effective date of such assignment. (f) Tenant will assign to Landlord or its designee any assignable licenses and permits pertaining to the Property and will otherwise reasonably cooperate with Landlord as may be necessary for the transfer of any and all licenses and permits pertaining to the Property or the Hotel to Landlord or Landlord's designee. (g) Tenant shall release and transfer to Landlord any funds of Landlord which are held or controlled by Tenant. (h) Landlord shall have the right to operate the Hotel without modifying the structural design of same and without making any Material Repair, notwithstanding the fact that such design or certain features thereof may be proprietary to Tenant or its Affiliates and/or protected by trademarks or service marks held by Tenant or an Affiliate, provided that such use shall be confined to the Hotel. Further, provided that the Hotel then satisfies the InterContinental brand standards (unless the Hotel fails to satisfy such brand standards due to a breach hereof by Tenant), Landlord shall be entitled (but not obligated) to operate the Hotel under the InterContinental name for a period of one (1) year following such termination or expiration in consideration for which Landlord shall pay the then standard franchise and system fees for such brand and comply with the other applicable terms and conditions of the form of franchise agreement then being entered into with respect to Intercontinental hotels. (i) Tenant shall transfer to Landlord the telephone numbers used in connection with the operation of the Hotel (but not the InterContinental brand generally). (j) Tenant shall cooperate with Landlord's or its designees' efforts to engage employees of the Hotel. (k) If requested by Landlord prior to such expiration or earlier termination of the Term or Tenant’s right to possession of the Premisesthis Agreement, Tenant shall return continue to manage under the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 InterContinental brand after such 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 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 for up to one (1) year, on such reasonable terms (which shall include an agreement to reimburse Tenant for its reasonable out-of-pocket costs and expenses, and reasonable administrative costs and a management fee of the Term or Tenant’s right three percent (3%) of Total Hotel Sales) with respect to possession of the Premises, which Landlord and Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 demandreasonably agree.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hospitality Properties Trust)

Yield Up. Upon At the expiration of the term or earlier termination 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 computer and telecommunications wiring and cabling 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 and to yield up the Premises (including all installations and improvements made by 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. 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 Term 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 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. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean failure and delay in good order and condition, ordinary wear, only, excepted. Landlord 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 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 surrendering the Premises as required hereby within ten 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 (1030) 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 Security Deposit, with any such costs in excess thereof to be paid by the Tenant to Landlord upon demand. Prior to beyond the expiration or earlier termination of the Term or Tenant’s right to possession of the Premisesthis Lease. Except as specifically provided for in this Section 6.1.9, Tenant shall also remove its furniture, equipment, trade fixtures, other items not be liable for any consequential damages under or for any breach of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from provision of this Lease. If the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant remains in the Building. If Tenant does not remove such items prior to Premises 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 Term or Tenant’s right to possession of the Premises, Tenant shall be conclusively presumed a tenant at sufferance only at a daily rate of rent equal to have conveyed two (2) times the same to Landlord free rent and clear other charges in effect under this Lease as 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, the day prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the cost date of such removal and disposal from the Security Deposit, with any costs thereof in excess expiration of the Security Deposit to be paid by Tenant to Landlord upon demandthis Lease.

Appears in 1 contract

Samples: Lease (Green Mountain Coffee Roasters Inc)

Yield Up. Upon At the expiration of the term or earlier termination 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 made by 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 signs wherever located; to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by 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. 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 the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 Landlordthis Lease. If Landlord requires 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 to remove Tenant’s Installations, then shall pay Landlord the entire cost and expense incurred by it in effecting such removal shall be done and disposition and in a good and workmanlike manner; and, upon making any repairs reasonably resulting from 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 further indemnify Landlord against all loss, cost and repair damage resulting from Xxxxxx's failure and restore delay in surrendering 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 Security Deposit, with any such costs in excess thereof to be paid by above provided. If the Tenant to Landlord upon demand. Prior to remains in the Premises 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 Term or Tenant’s right Tenant shall be a tenant at sufferance only at a daily rate of rent equal to possession two (2) times the rent and other charges in effect under this Lease as of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items day prior to the date of expiration or earlier termination of the Term 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 demandthis Lease.

Appears in 1 contract

Samples: Lease (Software Com Inc)

Yield Up. Upon At the expiration of the Initial Term or Extension Terms, if exercised, or earlier termination of the Term or Tenant’s right this Lease, Tenant shall surrender all keys to possession of the Premises, Tenant shall return remove all of its trade fixtures and personal property in the Premises to Landlord broom Premises, repair all damage caused by such removal and yield up the Premises, broom-clean and in good the same order and conditionrepair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, ordinary wearreasonable wear and tear, onlyfire, casualty and eminent domain taking excepted. Landlord 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 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 Any property 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 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 removed shall be deemed abandoned, in which event Landlord abandoned and may cause such items to be removed and disposed of at Tenant’s expense, without notice to by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the reasonable cost 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 expense incurred by it in effecting such removal and disposal from disposition and in making any incidental repairs and replacements to the Security Deposit, with any costs thereof in excess Premises. If Tenant holds over after expiration of the Security Deposit Initial Term or if exercised any Extension Term, without the Landlord’s consent, Tenant shall pay during such holdover period a sum equal to be paid one hundred fifty percent (150%) of the higher of (a) Annual Rent (as in effect immediately prior to the holdover) or (b) the then Fair Market Rental Value of the Premises, prorated on a daily basis for each day Tenant continues to occupy some or all of the Premises after the expiration of the term hereof. In addition, Xxxxxx shall further indemnify Landlord against all loss, cost and damage, direct and indirect, resulting from Xxxxxx’s failure and delay in surrendering the Premises as above provided. Notwithstanding the foregoing, Tenant shall have the right to hold over for a period of up to six (6) months by giving Landlord written notice not less than twelve (12) months prior to the expiration of the Term specifying the holdover period, in which event Tenant shall pay as Annual Rent during the specified holdover period a sum equal to Landlord upon demand125% of the Annual Rent in effect immediately prior to such holdover period.

Appears in 1 contract

Samples: Lease (Gsi Group Inc)

Yield Up. Upon At the expiration of the Term or earlier termination of the Term or Tenant’s right this Lease: to possession of surrender all keys to the Premises, to remove all furnishings, fixtures, equipment and other personal property now or hereafter located in the Premises, purchased or leased by Tenant shall return 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, to remove such installations made by Tenant as Landlord may request and all Tenant's signs wherever located, to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by Tenant, except for trade fixtures, and such of said installations or improvements as Landlord shall request Tenant to Landlord broom remove), broom-clean and in the same good order and condition, ordinary wear, only, excepted. Landlord reserves the right either repair in which Tenant is obliged 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 keep and maintain the Premises or Property, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such 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 Security Deposit, with any such costs in excess thereof to be paid by the Tenant to Landlord upon demandprovisions of this Lease. Prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but Any property not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 so removed shall be deemed abandoned, in which event abandoned and may be retained by Landlord or may cause such items to be removed and disposed of at Tenant’s expense, without notice to by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and without obligation to compensate Tenant, and expense incurred by Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the cost of in effecting such removal and disposal from disposition and in making any incidental repairs and replacements to the Security DepositPremises less the net value, with if any, realized by Landlord by the sale of any costs thereof in excess such abandoned Property. For each day after the expiration of the Security Deposit Term, or the earlier termination of this Lease, and prior to be paid by Tenant's performance of its obligation to yield up the Premises under this Section 5.1.10, Tenant shall pay to Landlord upon demandas rent an amount equal to twice the Fixed Rent computed on a daily basis, together with all Additional Rent payable with respect to each such day. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant's delay in surrendering the Premises as above provided.

Appears in 1 contract

Samples: Lease (Peritus Software Services Inc)

Yield Up. Upon At the expiration of the term or earlier termination 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 made by 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 and to yield up the Premises (including all installations and improvements made by 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, 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 Term 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 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. Tenant shall further indemnify Landlord against all loss,cost and damage resulting from Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom clean failure and delay in good order and condition, ordinary wear, only, excepted. Landlord 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 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 surrendering 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 Security Deposit, with any such costs in excess thereof to be paid by above provided. If the Tenant to Landlord upon demand. Prior to remains in the Premises 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 Term or Tenant’s right Tenant shall be a tenant at sufferance only at a daily rate of rent equal to possession two (2) times the rent and other charges in effect under this Lease as of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items day prior to the date of expiration or earlier termination of the Term 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 demandthis Lease.

Appears in 1 contract

Samples: Office Lease (Exa Corp)

Yield Up. Upon At the expiration of the term or earlier termination 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 made by 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 and to yield up the Premises (including all installations and improvements made by 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, loss by fire or other casualty 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 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. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Xxxxxx’s failure and delay in surrendering the Premises as above provided. If the Tenant remains in the Premises 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 Term or Tenant’s right Tenant shall be a tenant at sufferance only at a daily rate of rent equal to possession two (2) times the rent and other charges in effect under this Lease as of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 removal shall be done in a good and workmanlike manner; and, upon such removal, Tenant shall restore the Premises to its condition day prior to the installation date 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 expiration of the same and restore the Premises, and deduct the cost of such removal, storage, disposal and/or restoration from the 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 demandthis Lease.

Appears in 1 contract

Samples: Lease (Lemaitre Vascular Inc)

Yield Up. Upon At the expiration of the term or earlier termination of this Lease (but subject, however, to the terms and provisions of the “Security Agreement” (hereinafter defined), Tenant shall surrender all keys to the Premises, remove all of its equipment, trade fixtures and other personal property in the Premises (including any of the Collateral under the Security Agreement), remove such installations and improvements made by Tenant as Landlord may request in writing at the time Landlord approves such installation and all Tenant’s exterior signs, if any, wherever located, repair all damage caused by such removal and yield up the Premises (including any installations and improvements made by Tenant which Landlord has not notified Tenant at the time of Landlord’s approval must be removed at the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord broom Lease Term) broom-clean and in the same good order and conditionrepair in which Tenant is obliged to keep and maintain the Premises 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 and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and 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 Tenant’s performance of its obligations under this Section 10.9. In no event, ordinary wearhowever, only, excepted. Landlord reserves the right either to require shall Tenant to remove any Alterations (excepting Tenant’s initial improvements or Tenant’s Work) (as defined in Section 3.5.1) installed in of the Building by Approved Specialized Tenant (collectivelyImprovements. Notwithstanding anything herein to the contrary, “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 removal shall be done in a good and workmanlike manner; andXxxxxx agrees that, 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 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 Term or Tenant’s right to possession of the PremisesTerm, (i) Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited deliver the Premises to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the PremisesLandlord in substantial compliance with good manufacturing procedures then in effect or good laboratory procedures then in effect, as well as any and all risers, plenums and conduits used exclusively to the extent such procedures are applicable to the manner in which the facility was utilized by Tenant in the Building. If Tenant does not remove such items immediately prior to the expiration or earlier termination of the Term or and (ii) Tenant shall perform any necessary de-contamination of the Controlled Areas to ensure that the Premises are free of any hazardous substances from Tenant’s right operations and shall provide customary documentation (including a testing report comparing the air testing results initially performed by Tenant upon commencement of its operations at the Premises to possession the air testing results performed after such de-contamination performed at the expiration or earlier termination of the Premises, Tenant shall be conclusively presumed to have conveyed the same Term) 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 evidencing that 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 demandde-contamination has been performed.

Appears in 1 contract

Samples: Lease (Avant Immunotherapeutics Inc)

Yield Up. Upon Holdover. No later than the last day of the Term or earlier termination as provided herein, Licensee will remove all Licensee's personal property and, if requested by Licensor, the locks and security devices permitted pursuant to Paragraph 7 hereof, and repair all injury done by or in connection with installation or removal of said property and surrender the Premises (together with all keys, access cards or entrance passes to the Premises and/or Building) in as good a condition as it was at the beginning of the Term, reasonable wear and tear, unrepaired casualty not caused by Licensee and condemnation excepted. All property of Licensee remaining in the Premises without Licensor's consent after expiration or earlier termination of the Term or Tenant’s right shall be deemed conclusively abandoned and may be removed by Licensor, and Licensee shall reimburse Licensor for the cost of removing the same and for any repair to possession of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 removal shall be done in the Building as 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 result of such removal, storagesubject, disposal and/or restoration from however, to Licensor's right to require Licensee to remove any improvements or additions made to the Security Deposit, with any such costs in excess thereof Premises by Licensee pursuant to be paid by the Tenant to Landlord upon demandterms of this License. Prior to If Licensee shall not immediately surrender possession of the Premises at the expiration or earlier termination of this Agreement, or if property of Licensee remains in the Term Premises after the expiration or Tenant’s right termination of this Agreement without Licensor's consent, unless otherwise agreed to possession in writing by Licensor, during such holdover period the License Fee shall increase to an amount equal to 150% of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items License Fee payable hereunder immediately prior to the expiration or earlier termination of this Agreement. Nothing in the Term provisions of this Paragraph 12 shall constitute Licensor's consent to any holdover by Licensee or Tenant’s shall impair Licensor's right to possession of the Premises, Tenant shall be conclusively presumed to have conveyed the same to Landlord free evict Licensee or exercise Licensor's other rights and clear remedies under this Agreement or under applicable law on account 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 demandholdover.

Appears in 1 contract

Samples: License Agreement (Quovadx Inc)

Yield Up. Upon Tenant shall, at the expiration or earlier termination of the Term or Tenant’s right term of this Lease, surrender all keys to possession of the Premises; remove all of its trade fixtures and personal property in the Premises; remove such installations (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant shall return as Landlord may request, wherever located; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations, signs and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to Landlord remove), broom clean and in the same good order and condition, ordinary wear, only, excepted. Landlord reserves the right either repair in which Tenant is obliged 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 keep and maintain the Premises or Property, at no cost to Landlordby the provisions of this Lease. If Landlord requires Tenant to remove so requests, Tenant’s Installations, then at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such removal shall be done wiring and cabling for future use, and surrender such wiring and cabling in a good and workmanlike manner; and, upon such removal, Tenant shall restore safe condition on or before 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 earlier of: (10i) 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 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 Term term of this Lease, or Tenant’s right (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 possession of the Premisesbe capped and surrendered as hereinabove provided, Tenant shall also 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 furnitureright to require removal of such alterations at the end of the term unless Landlord, equipmentat the time Landlord gives it consent, trade fixtures, other items notifies Tenant that removal at the end of personal propertythe term is required, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cablesii) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant Landlord does not remove 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 items prior manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred by it in effecting such removal and disposition 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 or Tenant’s right to possession term of the Premises, Tenant shall be conclusively presumed to have conveyed the same to Landlord free this Lease 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 performance by Tenant to Landlord upon demandof its obligations under this subsection 6.1.

Appears in 1 contract

Samples: Lease Agreement (Amylyx Pharmaceuticals, Inc.)

Yield Up. Upon At the expiration of the term or earlier termination 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 made by 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 and to yield up the Premises (including all installations and improvements made by 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, loss by fire or other casualty 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 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. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and delay in surrendering the Premises as above provided. Tenant shall not be required to remove any of Landlord’s Work, but Tenant may, at its option and with at least thirty (30) days prior notice to Landlord, remove any of the fixtures, property or equipment that are a part of the TIW provided that, following such removal, Tenant repairs all damage caused by removal and the portion of the Premises from which such item was removed is left in a fully functional condition. If the Tenant remains in the Premises 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 Term or Tenant’s right Tenant shall be a tenant at sufferance only at a daily rate of rent equal to possession two (2) times the rent and other charges in effect under this Lease as of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 removal shall be done in a good and workmanlike manner; and, upon such removal, Tenant shall restore the Premises to its condition day prior to the installation date 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 expiration of the same and restore the Premises, and deduct the cost of such removal, storage, disposal and/or restoration from the 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 Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 demandthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Lemaitre Vascular Inc)

Yield Up. Upon At the expiration of the Term or earlier termination 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 Final Plans if Tenant has made no installations after the Commencement Date); to remove all wiring and cabling; to remove all rooftop equipment, and such installations and alterations made by it, including the TIW, as Landlord had designated for removal at the time of Landlord’s approval of such installations or alterations (as set forth below) and all Tenant’s signs wherever located; to repair all damage caused by such removal and restore any damaged areas to normal office finishes standard for the Building; and to yield up the Premises, including all installations and improvements made by Tenant (which shall be intact and in good working order, reasonable wear and tear and casualty damage excepted), except for Tenant’s trade fixtures and such of said installations or improvements as Landlord shall have requested Tenant to remove at the time of plan approval as set forth below. Landlord reserves the right to require removal of any alterations for which plans were not required pursuant to the provisions of Section 6.2.5 of this Lease if Tenant had failed to so request Landlord’s designation for removal as set forth in Section 6.2.5. Tenant shall surrender the Premises broom-clean and in the condition the same were in on the Commencement Date, reasonable wear and tear and casualty damage excepted. Tenant, at the time of requesting Landlord’s approval of any installations or alterations in the Premises, including the TIW and any Tenant’s Work Change Orders (whether or not plans are required for the installation) shall request in writing that Landlord designate which such installations or alterations must be removed at the expiration or earlier termination of the Term or this Lease. After receipt of Tenant’s right to possession of the Premisesrequest, Landlord shall notify Tenant shall return in writing which such installations or alterations must be removed from the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord 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 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 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 this Lease. If Landlord does not indicate that a particular installation must be removed, then Landlord shall not later have the Term right to request its removal. Likewise, if Tenant, when making any installations or alterations, fails to so request in writing whether Landlord will require removal of such installation or alteration, then Landlord reserves the right to require Tenant to remove the installation or alteration at the end of the Term. With respect to the TIW, Tenant need not make a formal written request; however Landlord shall, as part of its approval of the Schematic Design Plans provide a preliminary summary of which items, if any, it requires be removed. Landlord will provide Tenant with a progress summary of items designated for removal as soon as practical following receipt of the Design Development Permitting/Pricing Plans, taking into consideration that the resulting Final Plans may necessitate amendment of Landlord’s summary of items that require end of term removal.. In any event, Landlord agrees to be reasonable in determining whether any installation or alteration must be removed and agrees to limit its removal requirements to those installations or alterations that Landlord deems specialized for Tenant’s right use and not typical for normal office tenant use (such as specialty process electrical systems, chillers, generators, nitrogen tanks, by way of example, but not finishes and architectural elements included in the TIW. Any property required to possession be removed that is 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 and in making any incidental repairs and replacements to the Premises. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and delay in surrendering the Premises as above provided; however, notwithstanding the foregoing, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and not be liable for any and all wiring and cabling consequential damages if Tenant occupies the Premises for fewer than thirty (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables30) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to days beyond the expiration or earlier termination of the Term or Tenant’s right to possession of the Premisesthis Lease. Except as specifically provided for in this Section 6.1.9, Tenant shall not be conclusively presumed to have conveyed the same to Landlord free and clear liable for any consequential damages for breach of any and all liens and security interests without further payment provision of this Lease. If the Tenant remains in the Premises beyond the expiration or credit by Landlord to Tenant; or at Landlord’s sole option earlier termination of this Lease, such items holding over shall be without right and shall not be deemed abandonedto create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate equal to one and one-half (1.5) times the Rent in which event Landlord may cause effect under this Lease as of the day prior to the date of expiration of this Lease, for the first thirty (30) days of such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenantholding over, and Landlord shall, thereafter at a daily rate of two (2) times the Rent in effect as of the day prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the cost date of such removal and disposal from the Security Deposit, with any costs thereof in excess expiration of the Security Deposit to be paid by Tenant to Landlord upon demandthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Avid Technology, Inc.)

Yield Up. Upon At the expiration of the term or earlier termination 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 made by 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 and to yield up the Premises (including all installations and improvements made by 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. 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 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. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and delay in surrendering the Premises as above provided if Tenant holds over past the expiration or earlier termination of the Term (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 Tenant’s right is involved in negotiations to possession 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, Tenant shall return or is engaged in negotiations with a potential tenant for all or a portion of the Premises to 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 broom clean and indicates in good order and conditionthe Holdover Notice that none of the circumstances in the immediately preceding sentence then exists, ordinary wear, only, exceptedthen the Holdover Indemnity shall commence on the date that is thirty (30) days after the expiration of the Term if Tenant holds over. Landlord reserves The inclusion of the right either to require preceding sentences in this Lease should not be construed as Landlord’s consent for Tenant to remove any Alterations (excepting Tenant’s initial improvements or Tenant’s Work) (as defined in Section 3.5.1) installed hold over, and shall not apply in the Building by Tenant (collectively, “Tenant’s Installations”), or to require Tenant to leave Tenant’s Installations on event that the Premises or Property, at no cost to Landlord. If Landlord requires Tenant to remove Tenant’s Installations, then such removal shall be done in a good and workmanlike manner; and, upon such removal, Tenant shall restore the Premises to its condition Lease is terminated prior to the installation scheduled expiration date of such Tenant Installationsthe Term. If the Tenant does not remove such Tenant Installations and repair and restore remains in 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 Security Deposit, with any such costs in excess thereof to be paid by the Tenant to Landlord upon demand. Prior to 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 Term or Tenant’s right 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 possession 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 Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items 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 Term terms and conditions of this Lease as applicable, except that in no event shall any extension option, right of first offer or Tenant’s right to possession of the Premisesfirst refusal, 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; similar right or at Landlord’s sole option such items shall be deemed abandoned, in which event Landlord may cause applicable to such items to be removed and disposed of tenancy 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 demandsufferance.

Appears in 1 contract

Samples: Office Lease (Trine Acquisition Corp.)

Yield Up. Upon At the expiration of the Term or earlier termination of this Lease: to surrender all keys to the Premises, to remove all 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 permanently affixed to the Building or Lot, to remove all trade fixtures and other specialty items, to remove such installations made by Tenant as Landlord shall have requested (such requests to be made at the time Tenant requests Landlords approval for such installation if such approval is required, or otherwise to be made upon request of Tenant at any time for a determination if Landlord will require removal, or if no such request is made, at the expiration or earlier termination of this Lease), and all Tenant’s signs wherever located, to repair all damage caused by such removal, and to yield up the Term Premises (including all installations and improvements made by Tenant, except for items required to be removed as aforesaid) 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 Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises. For each day after the expiration of the Term, or the earlier termination of this Lease, and prior to Tenant’s performance of its obligation to yield up the Premises under this Section 5.1.10, Tenant shall pay to Landlord as rent an amount equal to 150% of the Annual Fixed Rent in effect at the termination of the Lease computed on a daily basis for the first sixty (60) days of holdover, and thereafter 200% of the Annual Fixed Rent as aforesaid, 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, Tenant shall, at Tenant’s sole cost and expense, deliver to Landlord certifications from a reputable licensed environmental engineer satisfactory to Landlord, which confirm that all Hazardous Materials, excepting those, if any, either (i) existing in the Premises as of the date of this Lease, or (ii) installed by Landlord (including, without limitation, installation as part of the Base Building Work or Tenant’s right Initial Construction Work), have been removed from the Premises and that the Premises may be reoccupied for office or other commercial use or renovated without (i) taking any special precautions for such materials that Tenant, its agents, invitees, employees and contractors have brought on to possession of the Premises, Tenant shall return the Premises to Landlord broom clean and in good order and condition(ii) incurring any special costs or undertaking special procedures for disposal, ordinary wearinvestigation, onlyassessment, excepted. Landlord reserves the right either to require Tenant to remove any Alterations (excepting Tenant’s initial improvements cleaning 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 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 materials that Tenant, its agents, invitees, employees and repair and restore the Premises as required hereby within ten (10) days after request contractors have brought on to do so by Landlord, Landlord may remove, store and/or dispose of the same and restore the Premises, and deduct (iii) incurring regulatory requirements or giving notice in connection with such materials that Tenant, its agents, invitees, employees and contractors have brought on to the cost of Premises. If Tenant fails to perform the foregoing obligations, without limiting any other right or remedy, Landlord may perform such removalobligations at Tenant’s expense, storage, disposal and/or restoration from the Security Deposit, with any such costs in excess thereof to be paid by the and Tenant to shall promptly reimburse Landlord upon demanddemand for all out-of-pocket costs and expenses incurred by Landlord in connection with such work. Prior to Tenant’s obligations hereunder shall survive the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises, Tenant shall also remove its furniture, equipment, trade fixtures, other items of personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to the expiration or earlier termination of the Term 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 demandthis Lease.

Appears in 1 contract

Samples: Net Lease (LTX Corp)

Yield Up. Upon Tenant shall, at the expiration or earlier termination of the Term or Tenant’s right term of this Lease, surrender all keys to possession of the Premises; remove all of its trade fixtures and personal property in the Premises; remove such alterations, signs, additions or improvements (“Alterations”) made (or if applicable, restore any items removed) by or on behalf of Tenant shall return as Landlord may request; repair all damage caused by such removal; and vacate and yield up the Premises (including all Alterations except as Landlord shall request Tenant to Landlord remove), broom clean and in good order the condition in which Tenant is obliged to keep and conditionmaintain the Premises by the provisions of this Lease, ordinary wear, only, reasonable wear and tear and damage by casualty excepted. If Landlord reserves the right either to require Tenant to remove so requests, Tenant, at its sole cost and expense, shall properly cap or seal any Alterations (excepting Tenant’s initial improvements or Tenant’s Work) (as defined in Section 3.5.1) wiring and cabling it shall have installed in the Building by Tenant (collectivelyPremises, “Tenant’s Installations”)properly label such wiring and cabling for future use, 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 and surrender such removal shall be done wiring and cabling in a good and workmanlike manner; and, upon such removal, Tenant shall restore the Premises to its safe 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 Security Deposit, with any such costs in excess thereof to be paid by the Tenant to Landlord upon demand. Prior to on or before the expiration or earlier termination of the Term or Tenant’s right to possession term of the Premises, 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 also remove its furniture, equipment, trade fixtures, other items of personal property, pay Landlord the entire reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and all wiring replacements to the Premises and cabling (including but not limited to telephone, fiber optic, computer, communications, for use and fire alarm wires and cables) from occupancy during the Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such items prior to period after the expiration or earlier termination of the Term 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 Tenant shall not be required to remove any wiring or cabling nor shall Tenant be required to remove any other Alterations if (i) Tenant’s request for Landlord’s consent to make such Alterations contains a statement in capital letters advising Landlord that Landlord shall have waived its right to possession require removal of such Alterations at the end of the Premisesterm 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 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 demandrequired.

Appears in 1 contract

Samples: Lease Agreement (Five Star Quality Care Inc)

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