Common use of Yield Up Clause in Contracts

Yield Up. At the expiration of the Term, or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment and personal property in the Premises, (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 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 repair in which Tenant is obligated to keep and maintain the Premises during the Term by the provisions of this Lease. Any property not so removed timely 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 in: (i) effecting such removal and disposition; and (ii) making any incidental repairs and replacements to the Premises. Tenant shall pay for use and occupancy during the period after the expiration of the 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 obligated to remove any improvements approved by Landlord in writing pursuant to this Lease which Landlord agrees may stay upon Tenant’s vacancy.

Appears in 1 contract

Samples: Lease Agreement (SciVac Therapeutics Inc.)

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Yield Up. At the expiration of the Term, or earlier termination of this Lease: , Tenant (aand all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all Tenant Work and all replacements thereof, except Xxxxxx's trade fixtures and personal property and except such additions, alterations and other Tenant Work as Landlord may direct to surrender be removed, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; (b) to , remove (i) all of its trade fixtures, machinery, equipment fixtures and personal property in the Premises, (ii) such other installations made by Tenant, (including wiring installed within not bolted or otherwise attached to the Premises (and such trade fixtures and other property bolted or in attached to the common areas of the BuildingPremises as Landlord may direct), unless Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination and (iii) all Tenant’s '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 (c) including the filling of all floor holes, the removal of all disconnected wiring back to repair junction boxes and the damage caused by replacement of all damaged ceiling tiles). Tenant may, at the time Tenant requests approval of any Tenant Work, ask Landlord 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, and (d) to then Landlord may not require its removal at the expiration of the Term. Tenant shall yield up the Premises (including all installations and improvements made by Tenant) broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the same good order and repair extent provided in which Tenant is obligated to keep and maintain the Premises during the Term by the provisions of this LeaseArticle VI only) excepted. Any property not so removed timely within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay for use and occupancy during the period after the expiration of the 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 obligated to remove any improvements approved by Landlord in writing pursuant to this Lease which Landlord agrees may stay upon Tenant’s vacancy.

Appears in 1 contract

Samples: Boston Technology Inc

Yield Up. At the expiration of the Term, Term or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment 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, (ii) and such other installations and alterations made by Tenantit, (including wiring installed within the Premises TIW, as Landlord had designated for removal at the time of Landlord’s approval of such installations or in the common areas of the Building)alterations, unless Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination as set forth below and (iii) all Tenant’s signs wherever located; (c) to repair the all damage caused by such removal, removal and (d) 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 good order were in on the Commencement Date, reasonable wear and repair 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 Tenant is obligated to keep and maintain such installations or alterations must be removed at the Premises during the Term by the provisions expiration or earlier termination of this Lease. After receipt of Tenant’s request, Landlord shall notify Tenant in writing which such installations or alterations must be removed from the Premises at 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 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 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 be removed that is not so removed timely 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, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay for use and occupancy during the period after the expiration of the 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 ; however, notwithstanding the foregoing, Landlord and Tenant hereby agree that Tenant shall not be obligated liable for any consequential damages if Tenant occupies the Premises for fewer than thirty (30) days beyond the expiration or earlier termination of this Lease. Except as specifically provided for in this Section 6.1.9, Tenant shall not be liable for any consequential damages for breach of any provision of this Lease. 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 remove create any improvements approved by Landlord 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 writing pursuant to effect under this Lease which Landlord agrees may stay upon Tenant’s vacancyas of the day prior to the date of expiration of this Lease, for the first thirty (30) days of such holding over, and thereafter at a daily rate of two (2) times the Rent in effect as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Office Lease (Avid Technology, Inc.)

Yield Up. At the expiration of the Term, or earlier termination of this Lease: (a) to Tenant shall surrender all keys to the Premises; (b) to , remove (i) all of its trade fixtures, machinery, equipment fixtures and personal property in the Premises, remove all Excluded Equipment (iias defined the PSA) that it has elected to retain pursuant to Section 2 of the PSA, remove such other installations and improvements made by Tenant, (including wiring installed within Tenant after the Premises or in Effective Date as Landlord may have required to be removed at the common areas expiration of the Building)Term at the time of Landlord’s consent to such installations and improvements, 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 , remove in accordance with applicable laws any and all hazardous substances used, stored, or generated by Tenant in connection with its business operations at the Premises, and repair the all damage caused by such removalremoval (subject to the terms of this Section 10.9), and (d) to yield up the Premises (including all installations and improvements made by TenantTenant except for trade fixtures) broom-clean and in the same good order and repair in condition which Tenant is obligated obliged to keep and maintain the Premises during the Term by the provisions of under this Lease. Any property not so removed timely by Tenant within seven (7) days following Landlord’s notice to Tenant of such failure of removal shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; and (ii) making . 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 incidental repairs and replacements damage to the Premisessign 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 shall pay for use and occupancy during the period after the expiration commences such removal. If, despite using such commercially reasonable efforts, any of the 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 signs or other identification of Tenant hereby agree that Tenant shall cannot be obligated removed from the associated sign structure without damage to such sign structure, then such sign structure may not be removed by Tenant, and the parties shall agree upon a process to remove any improvements approved by Landlord in writing pursuant to this Lease which Landlord agrees may stay upon Tenant’s vacancythe sign without removing the sign structure causing as little damage thereto as reasonably possible.

Appears in 1 contract

Samples: Haemonetics Corp

Yield Up. At Upon the expiration of the Term, or earlier termination of this Lease: (a) the Term or Tenant’s right to surrender all keys to the Premises; (b) to remove (i) all possession of its trade fixtures, machinery, equipment and personal property in the Premises, (ii) such other installations made by Tenant, (including wiring installed within Tenant shall return the Premises or in the common areas of the Building), unless to 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 repair the damage caused by such removal, and (d) to yield up the Premises (including all installations and improvements made by Tenant) broom-broom clean and in the same good order and repair condition 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 shall not require Tenant to remove any Alterations (as defined in Section 3.5.1) installed in the Building by Tenant (collectively, “Tenant’s Installations”), 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 is obligated desires to keep remove any such Tenant Installations or other items which Landlord may not require to be removed, Tenant may only remove such items upon receipt of Landlord’s approval thereof. If Landlord requires Tenant to remove Tenant’s Installations (or if Tenant has received approval to remove such items), then such removal shall be done in a good and maintain workmanlike manner; and, upon such removal, Tenant shall restore the Premises during to its condition prior to the installation of such Tenant Installations (including, without limitation, repairing any damage caused by the removal 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 and other items of personal property from the Premises. 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 the provisions of this Lease. Any property not so removed timely Landlord to Tenant; or at Landlord’s sole option such items shall be deemed abandoned and abandoned, in which event Landlord may cause such items to be removed and disposed of by Landlord in such manner as Landlord shall determineat Tenant’s expense, without notice to Tenant and without obligation to compensate Tenant, and Landlord shall, prior to returning the Security Deposit to Tenant shall pay Landlord pursuant to Section 2.6 hereof, deduct the entire cost and expense incurred in: (i) effecting of such removal and disposition; and (ii) making disposal from the Security Deposit, with any incidental repairs and replacements to the Premises. Tenant shall pay for use and occupancy during the period after the expiration costs thereof in excess of the Term and prior Security Deposit to its full performance of its obligations under this Lease as set forth in Section 4.1. be paid by Tenant shall further indemnify to 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 obligated to remove any improvements approved by Landlord in writing pursuant to this Lease which Landlord agrees may stay upon Tenant’s vacancydemand.

Appears in 1 contract

Samples: Lease (Acme Packet Inc)

Yield Up. At the expiration of the Term, term or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment fixtures and personal property in the Premises, ; to deliver to Landlord stamped architectural plans showing the Premises at yield up (ii) which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such other installations made by Tenant, it as Landlord may request (including computer and telecommunications wiring installed within and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the Premises or in the common areas of the Building)right to request removal thereof, unless Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination is less likely to so request) and (iii) all Tenant’s signs wherever located; (c) to repair the all damage caused by such removal, removal and (d) to yield up the Premises (including all installations and improvements made by Tenant) 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 obligated obliged to keep and maintain the Premises during the Term Premises, by the provisions of this Lease, loss by fire or other casualty excepted. Any property not so removed timely 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, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay Premises and for use and occupancy during the period after the expiration of the Term term and prior to its full performance of its obligations under this Lease as set forth in Section 4.1subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from TenantXxxxxx’s failure and delay in surrendering the Premises as above provided. Notwithstanding If the foregoingTenant remains in the Premises beyond the expiration or earlier termination of this Lease, Landlord such holding over shall be without right and Tenant hereby agree that Tenant shall not be obligated deemed to remove create any improvements approved by Landlord tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in writing pursuant to effect under this Lease which Landlord agrees may stay upon Tenant’s vacancyas of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Lemaitre Vascular Inc

Yield Up. At the expiration of the Term, term or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment fixtures and personal property in the Premises, ; to deliver to Landlord stamped architectural plans showing the Premises at yield up (ii) 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 other installations made by Tenant, Tenant as Landlord may designate for removal at the time that Landlord approves such installations (including computer and telecommunications wiring installed within and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the Premises or in the common areas of the Building)right to request removal thereof, unless Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination is less likely to so request) and (iii) all Tenant’s signs wherever located; (c) to repair the all damage caused by such removal, removal and (d) to yield up the Premises (including all installations and improvements made by Tenant) 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 obligated obliged to keep and maintain the Premises during the Term 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 Lease. Any property not so removed timely pursuant to this provision 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, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay Premises and for use and occupancy during the period after the expiration of the Term term and prior to its full performance of its obligations under this Lease as set forth in Section 4.1subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from TenantXxxxxx’s failure and delay in surrendering the Premises as above provided. Notwithstanding If the foregoingTenant remains in the Premises beyond the expiration or earlier termination of this Lease, Landlord such holding over shall be without right and Tenant hereby agree that Tenant shall not be obligated deemed to remove create any improvements approved by Landlord in writing pursuant tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes under this Lease which Landlord agrees may stay upon Tenant’s vacancyas of the day prior to the date of expiration or earlier termination of this Lease.

Appears in 1 contract

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

Yield Up. At the expiration of the Term, Term or earlier termination of this Lease: (a) to , Tenant shall surrender all keys to the Premises; (b) to , remove (i) all of its trade furnishings, fixtures, machineryequipment, equipment materials, supplies, inventory, effects and other personal property in or on the Premises, (ii) such other installations remove any of Tenant's Fixtures and Equipment and Subsequent Alterations and Improvements made by TenantTenant which are not Base Building Elements, (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 repair the any damage caused by such removal, leave Tenant's Specialized Improvements/Base Building Upgrades and (d) to 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 (including all installations Tenant's Specialized Improvements/Base Building Upgrades and improvements made by Tenantany Subsequent Alterations and Improvements which are Base Building Elements) broom-clean and in the same good order good, clean, first class, working and tenantable order, condition and repair in which Tenant is obligated obliged to keep and maintain the Premises during the Term by the provisions of this LeaseLease 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 maintain and repair under the provisions hereof. Any of Tenant's aforesaid property not so removed timely 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 in: (i) by Landlord in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay for use and occupancy during the period after the expiration of the 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 Without limiting the foregoing, Landlord Tenant shall have the right upon the expiration or termination of this Lease to remove all of its trade fixtures, furnishings and Tenant hereby agree equipment from the Premises, provided that Tenant shall is not be obligated to remove then in default hereunder after any improvements approved by Landlord applicable notice and cure periods and that Tenant complies with all requirements of this Section 16.1 in writing pursuant to this Lease which Landlord agrees may stay upon Tenant’s vacancymaking such removals.

Appears in 1 contract

Samples: Lease (Sepracor Inc /De/)

Yield Up. At (a) To yield up and surrender possession of the Premises to Landlord at the expiration of the Term, Term or earlier termination of this Lease: (a) ; to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment fixtures and personal property in from the Premises, (ii) ; to remove all Tenant’s Telecommunications Equipment and wires and cables installed by or on behalf of Tenant; to remove such other installations made by Tenant, (including wiring installed within the Premises or in the common areas of the Building), unless Specialty Alterations as Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination may request and (iii) all Tenant’s signs wherever located; (c) to repair the all damage caused by such removal, removal and (d) 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 obligated obliged to keep and maintain the Premises during the Term by the provisions of this Lease. Any property not so removed timely 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 reimburse Landlord for the entire cost and expense incurred in: (i) by it in effecting such the removal and disposition; disposition of property which was required to be removed by Tenant pursuant to this Lease, and (ii) in making any incidental repairs and replacements to the PremisesPremises 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 shall pay for use as to which of the proposed installations and occupancy during the period after improvements constitute Specialty Alterations which Tenant will be required to remove at the expiration of the 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 provided that Tenant shall not be obligated to remove any improvements approved by Landlord include the following legend in writing pursuant to this Lease which Landlord agrees may stay upon capitalized and bold type displayed prominently on the top of the first page of Tenant’s vacancy.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

Appears in 1 contract

Samples: Sublease (Tokai Pharmaceuticals Inc)

Yield Up. At the expiration of the Term, Term or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment 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, (ii) and such other installations and alterations made by Tenantit, including the TIW, as Landlord had designated for removal at the time of Landlord’s approval of such installations or alterations (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 as set forth below) and (iii) all Tenant’s signs wherever located; (c) to repair the all damage caused by such removal, removal and (d) restore any damaged areas to normal office finishes standard for the Building; and to yield up the Premises (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 good order were in on the Commencement Date, reasonable wear and repair 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 Tenant is obligated to keep and maintain such installations or alterations must be removed at the Premises during the Term by the provisions expiration or earlier termination of this Lease. After receipt of Tenant’s request, Landlord shall notify Tenant in writing which such installations or alterations must be removed from the Premises at 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 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 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 be removed that is not so removed timely 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, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay for use and occupancy during the period after the expiration of the 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 ; however, notwithstanding the foregoing, Landlord and Tenant hereby agree that Tenant shall not be obligated liable for any consequential damages if Tenant occupies the Premises for fewer than thirty (30) days beyond the expiration or earlier termination of this Lease. Except as specifically provided for in this Section 6.1.9, Tenant shall not be liable for any consequential damages for breach of any provision of this Lease. 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 remove create any improvements approved by Landlord 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 writing pursuant to effect under this Lease which Landlord agrees may stay upon Tenant’s vacancyas of the day prior to the date of expiration of this Lease, for the first thirty (30) days of such holding over, and thereafter at a daily rate of two (2) times the Rent in effect as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Commencement Date Agreement (Avid Technology, Inc.)

Yield Up. At the expiration of the Term, term or earlier termination of this Lease: Lease (a) but subject, however, to the terms and provisions of the “Security Agreement” (hereinafter defined), Tenant shall surrender all keys to the Premises; (b) to , remove (i) all of its equipment, trade fixtures, machinery, equipment fixtures and other personal property in the PremisesPremises (including any of the Collateral under the Security Agreement), (ii) remove such other installations and improvements made by Tenant, (including wiring installed within the Premises or in the common areas of the Building), unless Tenant as Landlord has otherwise agreed may request in writing that at the time Landlord approves such can remain in the Premises upon such expiration or termination installation and (iii) all Tenant’s signs exterior signs, if any, wherever located; (c) to , repair the all damage caused by such removal, removal and (d) to yield up the Premises (including all any installations and improvements made by TenantTenant which Landlord has not notified Tenant at the time of Landlord’s approval must be removed at the expiration or earlier termination of the Lease Term) broom-clean and in the same good order and repair in which Tenant is obligated obliged to keep and maintain the Premises during the Term by the provisions of under this Lease. Any property not so removed timely shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay Premises and for use and occupancy during the period after the expiration of the Term term and prior to its full Tenant’s performance of its obligations under this Lease as set forth in Section 4.110.9. In no event, however, shall Tenant remove any of the Approved Specialized Tenant Improvements. Notwithstanding anything herein to the contrary, Xxxxxx agrees that, upon the expiration or earlier termination of the Term, (i) Tenant shall further indemnify deliver the Premises to Landlord against all lossin substantial compliance with good manufacturing procedures then in effect or good laboratory procedures then in effect, cost as and damage resulting to the extent such procedures are applicable to the manner in which the facility was utilized by Tenant immediately prior to the expiration or earlier termination of the Term 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 failure operations and delay in surrendering 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 as above provided. Notwithstanding to the foregoing, air testing results performed after such de-contamination performed at the expiration or earlier termination of the Term) to Landlord and Tenant hereby agree evidencing that Tenant shall not be obligated to remove any improvements approved by Landlord in writing pursuant to this Lease which Landlord agrees may stay upon Tenant’s vacancysuch de-contamination has been performed.

Appears in 1 contract

Samples: Avant Immunotherapeutics Inc

Yield Up. At the expiration of the Term, term or earlier termination of -------- this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment fixtures and personal property in the Premises, (ii) ; to remove such other installations made by Tenant, it as Landlord may designate at the time of Landlord's approval of the installations in question (including computer and telecommunications 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 (iiicabling) and all Tenant’s 's signs wherever located; (c) to repair the all damage caused by such removal, removal and (d) to yield up the Premises (including all installations and improvements made by Tenant) 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 obligated obliged to keep and maintain the Premises during the Term by the provisions of this Lease. Any property not so removed timely 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, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay Premises and for use and occupancy during the period after the expiration of the Term term and prior to its full performance of its obligations under this Lease as set forth in Section 4.1subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s Xxxxxx's failure and delay in surrendering the Premises as above provided. Notwithstanding The parties acknowledge and agree that Landlord has approved the foregoinginstallation of the kitchen, lunchroom and shower facilities (the "Non-Standard Improvements") included in the Part B Work on the condition that at the expiration or earlier termination of the term hereof, Tenant shall pay $7,500 (the "Restoration Fund") to Landlord which may be used by Landlord to remove the Non-Standard Improvements, in whole or in part, and restore the demolished area to the condition of general office space within 9 months thereafter. All or any portion of the Restoration Fund which has not been expended for reasonable costs and expenses for such demolition and restoration at the end of such 9 month period shall be promptly paid to Tenant. Upon Xxxxxx's request, Landlord shall provide Tenant with reasonable documentation supporting the expenditure of the Restoration Fund. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and Tenant hereby agree that Tenant shall not be obligated deemed to remove create any improvements approved by Landlord tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in writing pursuant to effect under this Lease which Landlord agrees may stay upon Tenant’s vacancyas of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Commencement Date Agreement (Averstar Inc)

Yield Up. At the expiration of the Term, Term or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) , to remove (i) all of its trade furnishings, fixtures, machinery, equipment and other personal property now or hereafter located in the Premises, (ii) such other installations made purchased or leased by TenantTenant with its own funds, (including wiring installed within which are not affixed to the Premises Building or in the common areas of the Building), unless Land or which Landlord has otherwise agreed in writing that Tenant may remove at the expiration of the Term, to remove such can remain installations made by Xxxxxx as Landlord may request (provided that Landlord may only make such request for items that are not included in the Premises upon initial Tenant's Work or that are not typical and customary for first class office buildings in the greater Boston area and all such expiration or termination requests shall be made at the time of Landlord approval of such installation) and (iii) all Tenant’s 's signs wherever located; (c) , to repair the all damage caused by such removal, removal and (d) 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 obligated obliged to keep and maintain the Premises during the Term by the provisions of this Lease. Any property not so removed timely 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, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by Landlord in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay for use and occupancy during the period For each day after the expiration of the Term Term, or the earlier termination of this Lease, and prior to its full Tenant's performance of its obligations obligation to yield up the Premises under this Lease Section 5.1.10, Tenant shall pay to Landlord as set forth in Section 4.1rent 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 Tenant’s failure and Xxxxxx's delay in surrendering the Premises as above provided. Notwithstanding the foregoing, Landlord and Tenant hereby agree that Tenant shall not be obligated to remove any improvements approved by Landlord in writing pursuant to this Lease which Landlord agrees may stay upon Tenant’s vacancy.

Appears in 1 contract

Samples: Millipore Corp /Ma

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Yield Up. At the expiration of the Term, Term or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment and personal property and equipment located in the Premises, including all HVAC equipment associated with Tenant’s lab use and all cubicles whenever installed in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (ii) which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such other installations installations, alterations, and additions made by Tenant, Tenant or as Landlord may request (including computer and telecommunications wiring installed within and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the Premises or in the common areas of the Building)right to request removal thereof, unless Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination is less likely to so request) and (iii) all Tenant’s signs wherever located; (c) to repair the all damage caused by such removal, removal and (d) to yield up the Premises (including all installations and improvements made by Tenant) 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 obligated obliged to keep and maintain the Premises during the Term by the provisions of this Lease, loss by fire or other casualty excepted. Notwithstanding the foregoing, to the extent there are any alterations or other modifications made by Tenant that are not typical of office space, light manufacturing and/or research and development space. Landlord reserves the right at the end of the Term to require Tenant to remove such alterations or modifications and restore the affected areas to an open office configuration. Any property not so removed timely 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, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay Premises and for use and occupancy during the period after the expiration of the Term and prior to its full performance of its obligations under this Lease as set forth in Section 4.1subsection 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. Notwithstanding If the foregoingTenant remains in the Premises beyond the expiration or earlier termination of this Lease, Landlord such holding over shall be without right and Tenant hereby agree that Tenant shall not be obligated deemed to remove create any improvements approved by Landlord in writing pursuant tenancy, but the Tenant shall be a tenant at sufferance only at a holdover rate of rent equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due as of the day prior to the date of expiration or earlier termination of this Lease, and shall otherwise be on the terms and conditions of this Lease which as applicable, except that in no event shall any extension option, right of first offer or right of first refusal, or similar right or option be deemed applicable to such tenancy at sufferance. In addition to any liabilities to Landlord agrees may stay upon resulting from Tenant’s vacancyfailure and delay in surrendering the Premises as above provided, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs, and damages, direct and/or indirect, sustained by reason of any such holding over.

Appears in 1 contract

Samples: Office Lease (Lemaitre Vascular Inc)

Yield Up. At the expiration of the Term, term or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment fixtures and personal property in the Premises, ; to deliver to Landlord stamped architectural plans showing the Premises at yield up (ii) which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such other installations made by Tenant, it as Landlord may request (including computer and telecommunications wiring installed within and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the Premises or in the common areas of the Building)right to request removal thereof, unless Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination is less likely to so request) and (iii) all Tenant’s signs wherever located; (c) to repair the all damage caused by such removal, removal and (d) to yield up the Premises (including all installations and improvements made by Tenant) 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 obligated obliged to keep and maintain the Premises during the Term by the provisions of this Lease, loss by fire or other casualty excepted. Any property not so removed timely 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, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay Premises and for use and occupancy during the period after the expiration of the Term term and prior to its full performance of its obligations under this Lease as set forth in Section 4.1subsection 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. Notwithstanding the foregoing, Landlord and Tenant hereby agree that Tenant shall not be obligated required to remove any improvements approved 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 Landlord removal and the portion of the Premises from which such item was removed is left in writing pursuant 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 Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease which Landlord agrees may stay upon Tenant’s vacancyas of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Lemaitre Vascular Inc

Yield Up. At the expiration of the Term, or earlier termination of this Lease: , Tenant (aand all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all Tenant Work, and all replacements thereof, except such additions, alterations and other Tenant Work as Landlord may have directed in advance of their installation and otherwise in accordance with this Lease, to surrender be removed at the end of the expiration or termination of this Lease, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; (b) to , remove (i) all of its trade fixtures, machinery, equipment fixtures and personal property in the Premises, (ii) such other installations made by Tenant, (including wiring installed within 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 common areas end of the Building), unless Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination of this Lease), and (iii) 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 (cincluding the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles) to repair the damage caused by such removal, except in each case for ordinary wear and (d) to tear. Tenant shall yield up the Premises (including all installations and improvements made by Tenant) broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the same good order and repair extent provided in which Tenant is obligated to keep and maintain the Premises during the Term by the provisions of this LeaseArticle VI only) excepted. Any property not so removed timely within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay for use and occupancy during the period after the expiration of the 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 obligated to remove any improvements approved by Landlord in writing pursuant to this Lease which Landlord agrees may stay upon Tenant’s vacancy.

Appears in 1 contract

Samples: Lease (Catcher Holdings, Inc)

Yield Up. (A) At the expiration of the Term, Term or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment 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 alterations, (ii) such other improvements, or installations made by Tenant, or on behalf of Tenant (including wiring installed within the Premises or in the common areas any of the Building)alterations, unless improvements or installations made by or on behalf of Tenant pursuant to Article 3 above) as Landlord has otherwise agreed may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in writing that such can remain in a useable condition, Landlord, although having the Premises upon such expiration or termination right to request removal thereof, is less likely to so request) and (iii) all Tenant’s signs wherever located; (c) to repair the all damage caused by such removal, removal and (d) to yield up the Premises (including all installations and improvements made by Tenant) 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 obligated obliged to keep and maintain the Premises during the Term by the provisions of this Lease. Notwithstanding the preceding provisions of this Section 6.1.9 or anything to the contrary contained in this Lease, except for voice and data wiring and cabling installed by or on behalf of Tenant, Landlord shall, subject to the terms and conditions below, not require removal of any alterations or installations made by or for Tenant except for those items that are not customary office improvements (“Non-Standard Improvements”). For purposes of this paragraph, “customary office improvements” shall mean leasehold improvements similar to those customarily made in connection with general office uses. Non-Standard Improvements shall include, without limitation, raised floors, supplemental HVAC systems and equipment, any modification to any portion of the Building’s systems, the installation of a vault or other similar device or system that is intended to secure the Premises or a portion thereof in a manner that exceeds the level of security used for ordinary office space, any plumbing connections in excess of those customarily made in connection with general office use (such as break stations and executive bathrooms), and any alterations altering or modifying the structural elements of the Building, including internal stairs. Tenant, at the time of requesting Landlord’s approval of any installations or alterations (and also in connection with Landlord’s Work), shall request in writing that Landlord designate whether the proposed installation or alteration is a Non- Standard Improvement that must be removed at the expiration or earlier termination of this Lease. After receipt of Xxxxxx’s request, Landlord shall notify Tenant in writing if any item is a Non-Standard Improvement that must be removed from the Premises at the expiration or earlier termination of this Lease. If Landlord does not indicate that a particular Non-Standard Improvement must be removed, then Landlord shall not later have the right to request its removal. Likewise, if Tenant, when making any installations or alterations (including but not limited to Landlord’s Work), fails to so request in writing whether an item is a Non-Standard Improvement that Landlord will require removal of, then Landlord reserves the right to require Tenant to remove the installation or alteration at the end of the Term. For the avoidance of doubt, any portion of Landlord’s Work that is a Non- Standard Improvement is subject to the removal requirement set forth above. Any property not so removed timely 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, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay Premises and for use and occupancy during the period after the expiration of the Term term and prior to its full performance of its obligations under this Lease as set forth in Section 4.1subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from TenantXxxxxx’s failure and delay in surrendering the Premises as above provided. Notwithstanding the foregoing, Landlord and Tenant hereby agree that provided (it being agreed Tenant shall not be obligated to remove any improvements approved by Landlord in writing pursuant to this Lease which Landlord agrees may stay upon Tenant’s vacancyliable for consequential or indirect damages unless Tenant holds over for thirty (30) or more days).

Appears in 1 contract

Samples: Lantheus Holdings, Inc.

Yield Up. At Tenant shall, at the expiration of the Term, or earlier termination of the term of this Lease: (a) to , or upon any earlier reentry or retaking of possession of the Premises by Landlord and/or termination of Tenant’s right of possession and/or occupancy of the Premises, as applicable, surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment fixtures and personal property in the Premises, (ii) ; remove such other installations made by Tenant, (including wiring installed within the Premises or in the common areas of the Building)and cabling wherever located, unless Landlord has otherwise agreed requests that Tenant cap or seal its wiring and cabling at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in writing that such can remain in the Premises upon such expiration a good and safe condition), alterations, signs, and improvements made (or termination if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request wherever located and (iii) all of Tenant’s signs wherever locatedsigns; (c) to repair the all damage caused by such removal, ; and (d) to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by Tenant) broom-or on behalf of Tenant except as Landlord shall request Tenant to remove), broom clean and in the same good order and repair in which Tenant is obligated obliged to keep and maintain the Premises during the Term by the provisions of this Lease. Any property not so removed timely shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to its full the performance by Tenant of its obligations under this Lease as set forth in Section 4.1subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and or delay in surrendering the Premises as above provided. Notwithstanding the foregoing, Landlord and Tenant hereby agree that Tenant shall not be obligated to remove any improvements approved by Landlord in writing pursuant to this Lease which Landlord agrees may stay upon Tenant’s vacancy.

Appears in 1 contract

Samples: Lease (Pc Tel Inc)

Yield Up. At Tenant shall, at the expiration of the Term, or earlier termination of the term of this Lease: (a) to , or upon any earlier reentry or retaking of possession of the Premises by Landlord and/or termination of Tenant’s right of possession and/or occupancy of the Premises, as applicable, surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment fixtures and personal property in the Premises; remove such installations, (ii) such other installations alterations, signs, and improvements made by Tenant, (including wiring installed within the Premises or in the common areas on behalf of the Building), unless Tenant as Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination may request wherever located and (iii) all of Tenant’s signs wherever locatedsigns; (c) to repair the all damage caused by such removal; complete all facility closeout procedures (including, without limitation, cleaning and/or removal of systems, equipment and installations and repair of damage caused thereby, filing of reports and obtaining necessary inspections) required by applicable laws, codes and regulations by reason of any laboratory or manufacturing use of the Premises by Tenant (dcollectively, “Closeout Requirements”) to and vacate and yield up the Premises (including all installations and improvements made by Tenant) broom-broom clean and in the same good order and repair in which Tenant is obligated obliged to keep and maintain the Premises during the Term by the provisions of this Lease. Any property not so removed timely shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay Premises and for use and occupancy during the period after the expiration or earlier termination of the Term term of this Lease and prior to its full the performance by Tenant of its obligations under this Lease as set forth in Section 4.1subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and or delay in surrendering the Premises as above provided. Notwithstanding the foregoingpreceding provisions of this Section 6.1.9, Landlord and except for any items that must be removed by applicable Closeout Requirements (which must be removed by Tenant hereby agree that in all events), Tenant shall not be obligated required to remove (i) any of the initial tenant improvements approved shown or described in the Preliminary Plans and Preliminary Pricing Construction Notes attached hereto as Exhibit L that are constructed in compliance with the requirements of this Lease, or (ii) any subsequent alterations or improvements made to the Premises by Tenant during the term that are not High Demo Cost Improvements, as hereinafter defined, except that Landlord may, at its discretion, require Tenant to remove not later than the expiration or earlier termination of the term, any Separate HVAC Equipment installed by Tenant in writing pursuant the “Clean Room” or elsewhere in or about the Building, repair any damage caused by such removal and reinstall the base building HVAC supply once such Separate HVAC Equipment has been removed, and in such case Tenant shall perform such testing and balancing as is necessary to this Lease which ensure that the HVAC system is performing in accordance with the original design specification and Tenant shall provide Landlord agrees may stay upon Tenant’s vacancywith a report from a licensed engineer confirming the same.

Appears in 1 contract

Samples: Lease (Mimedx Group, Inc.)

Yield Up. At the expiration of the Term, Term or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures, machinery, equipment 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, (ii) and such other installations and alterations made by Tenantit, including the TIW, as Landlord had designated for removal at the time of Landlord’s approval of such installations or alterations (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 as set forth below) and (iii) all Tenant’s signs wherever located; (c) to repair the all damage caused by such removal, removal and (d) restore any damaged areas to normal office finishes standard for the Building; and to yield up the Premises (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 good order were in on the Commencement Date, reasonable wear and repair 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 Tenant is obligated to keep and maintain such installations or alterations must be removed at the Premises during the Term by the provisions expiration or earlier termination of this Lease. After receipt of Tenant’s request, Landlord shall notify Tenant in writing which such installations or alterations must be removed from the Premises at 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 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 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 be removed that is not so removed timely 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, determine and Tenant shall pay Landlord the entire cost and expense incurred in: (i) by it in effecting such removal and disposition; disposition and (ii) in making any incidental repairs and replacements to the Premises. Tenant shall pay for use and occupancy during the period after the expiration of the 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 ; however, notwithstanding the foregoing, Landlord and Tenant hereby agree that Tenant shall not be obligated liable for any consequential damages if Tenant occupies the Premises for fewer than thirty (30) days beyond the expiration or earlier termination of this Lease. Except as specifically provided for in this Section 6.1.9, Tenant shall not be liable for any consequential damages for breach of any provision of this Lease. 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 remove create any improvements approved by Landlord 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 writing pursuant to effect under this Lease which Landlord agrees may stay upon Tenant’s vacancyas of the day prior to the date of expiration of this Lease, for the first thirty (30) days of such holding over, and thereafter at a daily rate of two (2) times the Rent in effect as of the day prior to the date of expiration of this Lease.

Appears in 1 contract

Samples: Office Lease (Avid Technology, Inc.)

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