Common use of Yielding up Clause in Contracts

Yielding up. At the End of the Term the Tenant shall if and to the extent required by the Landlord: 20.1.1 remove all signs and tenant’s fixtures and fittings and furniture and effects making good any damage to the Premises so caused; 20.1.2 remove and/or reinstate any alterations or additions to the Premises making good any damage to the Premises so caused; 20.1.3 yield up the Premises in a state and condition consistent with due compliance by the Tenant with its covenants and obligations under the Lease and for the avoidance of doubt in no better condition than as evidenced by the Schedule of Condition, subject always to the additional obligations in Clauses 20.1.4 and 20.1.5; 20.1.4 use all reasonable endeavours to obtain planning permission for the change of use of the Premises to office (B1) user, and to ensure that if such planning permission is obtained all laws, regulations, Legal Obligations and conditions related to such planning permission are satisfied and completed (as the case may be) with the intent that the Premises shall be ready for an office (B1) occupier to commence its fit out of the Premises and that immediately after such fit out the Premises shall be ready to lawfully be used as an office; and 20.1.5 yield up the Premises as offices in a state and configuration: 20.1.5.1 in respect of the Existing Premises in a configuration equivalent to and in no better condition than as evidenced by the Schedule of Condition; and 20.1.5.2 in respect of the New Premises as open plan offices compliant with all laws, regulations and Legal Obligations, the design of which is to be approved in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed), compliant with all Legal Obligations of any relevant Authority including without limitation current building regulations (or equivalent regulations) so as to be ready for tenant fit out, including for the avoidance of doubt the enclosing of the fifth floor of the Premises with a wind and watertight roof, the design of which is to be approved in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed) such that for the avoidance of doubt that the fifth floor of the Premises shall be open plan offices, and provided also that the Tenant shall provide adequate disabled access to the fifth floor of the Premises, provided that subject to the above provisions the Tenant shall not be obliged to remove the Tenant’s Works.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (InterXion Holding N.V.)

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Yielding up. At the End expiry or sooner determination of the Term (unless renewed), to peaceably and quietly yield up the Premises with all locks and keys complete (whether held by the Tenant or any of the Tenant's employees or agents irrespective of whether the same have been supplied by the Landlord) to the Landlord together with the fixtures and fittings therein in good and tenantable repair state and condition (save for fair wear and tear and damage by fire other than that caused by the Tenant ) in accordance with the stipulations hereinbefore contained and in accordance also with the covenants and conditions contained or imposed in or by virtue of any licence granted by the Landlord herein and prior to the termination of the Term to do the following: (a) forthwith replace with items of similar character and comparable value, all of the Landlord's fixtures and fittings which shall be missing, broken, damaged or destroyed and for which the Tenant is liable to make good; (b) in the event that any alterations or fitting-out works have been carried out to the Premises or to any other part of the Building by the Tenant, its contractors, servants or agents, then (if and to the extent so required by the Landlord: 20.1.1 remove all signs and tenant’s fixtures and fittings and furniture and effects making good any damage ) to the Premises so caused; 20.1.2 remove and/or reinstate any alterations or additions to the Premises making good any damage to the Premises so caused; 20.1.3 yield up the Premises in a state and condition consistent with due compliance by the Tenant with its covenants and obligations under the Lease and for the avoidance of doubt in no better condition than as evidenced by the Schedule of Condition, subject always to the additional obligations in Clauses 20.1.4 and 20.1.5; 20.1.4 use all reasonable endeavours to obtain planning permission for the change of use of restore the Premises to office (B1) userits Original Condition and in any event to remove any lettering, moulding, sign, writing or painting of the name or business of the Tenant and to ensure that if such planning permission is obtained all laws, regulations, Legal Obligations and conditions related to such planning permission are satisfied and completed (as the case may be) with the intent that the Premises shall be ready for an office (B1) occupier to commence its fit out of other persons from the Premises and that immediately after such fit out the Premises shall be ready to lawfully be used as an office; and 20.1.5 yield up the Premises as offices in a state all internal partitions, fixtures and configuration: 20.1.5.1 in respect installations of the Existing Premises in a configuration equivalent to and in no better condition than Tenant as evidenced by the Schedule of Condition; and 20.1.5.2 in respect of the New Premises as open plan offices compliant with all laws, regulations and Legal Obligations, the design of which is to be approved in advance are specified by the Landlord and any other Tenant's equipment placed within or on the Building and to restore all air-conditioning installations or other electrical installations to their Original Condition to the reasonable satisfaction of the Landlord (whose all such works being hereinafter referred to as the "restoration works"). The restoration works relating to the reinstatement of all architectural and structural works, air-conditioning installations, sprinkler systems and other mechanical and engineering, building and sanitary installations shall be carried out by a contractor approved by the Landlord which approval is shall not to be unreasonably withheld or delayedand under the supervision of the Landlord's Consultant(s) and the Tenant shall pay for all reasonable costs, charges, fees, disbursements and expenses of the Landlord's Consultant(s), compliant with an estimate for which will be notified to the Tenant beforehand. In all Legal Obligations of any relevant Authority including without limitation current building regulations (or equivalent regulations) so as to be ready for tenant fit out, including for the avoidance of doubt the enclosing of the fifth floor of the Premises with a wind and watertight roofother cases, the design of which is to be approved removal and restoration works in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed) such that for the avoidance of doubt that the fifth floor respect of the Premises shall be open plan officescarried out by a contractor approved by the Landlord, and provided also which approval shall not be unreasonably withheld Provided Always that the Tenant shall provide adequate disabled access obtain all necessary governmental and/or statutory consents and approvals in respect of the restoration works before commencing the same and shall comply with all statutes and with the terms, conditions and requirements of all such consents and approvals in the execution of any restoration works; and (c) make good all damage or defacement done to the fifth floor Premises or the Building by the restoration works or by the removal of the PremisesTenant's furniture, provided that subject to the above provisions fixtures, fittings and effects, AND if the Tenant fails to comply with and perform its obligations under this sub-clause, the Landlord may (but shall not be obliged to) do all things necessary to remove effect such compliance and/or performance to the Tenant’s WorksLandlord's satisfaction. If the Landlord carries out the necessary works, the Landlord must endeavour to complete the works as soon as possible. The Tenant shall on demand pay all costs incurred by the Landlord in connection therewith and an administrative fee at 7.5% of the costs incurred and a sum equivalent to the Rent and Service Charge for and calculated based on the period taken by the Landlord to complete the works . In the event that the period taken extends beyond the expiry of three (3) months after the expiry of the Term, the Tenant shall pay to the Landlord a sum equivalent to double the Rent and Service Charge for such period which falls after the three (3) months period as aforesaid. Such costs, the Rent, Service Charge and other amounts shall be a debt due from the Tenant to the Landlord and recoverable forthwith as such. For the avoidance of doubt, any request for reinstatement works to be carried out after expiry or sooner determination of the Term shall be at the sole discretion and under the direction of the Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Kulicke & Soffa Industries Inc), Agreement to Develop and Lease (Kulicke & Soffa Industries Inc)

Yielding up. At (a) immediately prior to the End expiration or sooner determination of the Term at the cost of the Tenant: (i) to remove every moulding sign writing or painting of the name or business of the Tenant shall if or other occupiers from the Demised Premises and to the extent required by the Landlord: 20.1.1 remove all signs and tenant’s tenants' fixtures and fittings and furniture and effects making good any damage to from the Premises so caused; 20.1.2 remove and/or reinstate any alterations or additions to the Demised Premises making good any damage to the Premises so caused; 20.1.3 yield up reasonable satisfaction of the Premises in a state Landlord all damage caused by such removal and condition consistent with due compliance by the Tenant with its covenants and obligations under the Lease and for the avoidance of doubt in no better condition than as evidenced by the Schedule of Condition, subject always without prejudice to the additional obligations in Clauses 20.1.4 and 20.1.5; 20.1.4 use all reasonable endeavours to obtain planning permission for the change of use generality of the Premises foregoing to office (B1) user, ensure that wherever such tenants' fixtures fittings plant or machinery are connected to or take supplies from any of the main Services they shall be disconnected in such a manner that all redundant Conduits are removed and sealed off at points as close as reasonably possible to the various ring mains or principal distribution pipes which provide the supplies such removal and sealing off to be carried out so as not to interfere with the continued function of the main services and to ensure that if such planning permission is obtained all laws, regulations, Legal Obligations walls main services and conditions related to such planning permission are satisfied and completed (as the case may be) with the intent that the Premises shall be ready for an office (B1) occupier to commence its fit out any other parts of the Demised Premises and that immediately are made good after the removal of any such fit out fixtures fittings plant or machinery to the Premises shall be ready to lawfully be used as an office; and 20.1.5 yield up the Premises as offices in a state and configuration: 20.1.5.1 in respect reasonable satisfaction of the Existing Premises in a configuration equivalent Landlord and to and in no better condition than as evidenced by the Schedule of Condition; and 20.1.5.2 in respect satisfaction of the New Premises as open plan offices compliant with all laws, regulations and Legal Obligations, the design of which is to be approved in advance relevant authorities (ii) if so requested by the Landlord in writing no later than three months before the end of the Term (whose approval is not howsoever determined) to be unreasonably withheld remove and make good all alterations or delayed), compliant additions made to the Demised Premises at any time during the Term and well and substantially to reinstate the Demised Premises (excluding the Irrigation System) in such manner as the Landlord shall direct and to its reasonable satisfaction (b) at the expiration or sooner determination of the Term to give up all keys of the Demised Premises to the Landlord and quietly to yield up to the Landlord the Demised Premises with vacant possession in good and substantial repair and condition (with the exception of the Irrigation System) and in accordance with the covenants on the part of the Tenant herein contained together with all Legal Obligations fixtures fittings improvements and additions which now are or may at any time hereafter be in or about the Demised Premises (but excepting tenants' fixtures and fittings which shall include carpets and floor boxes) (c) to pay a sum equivalent to the loss of any relevant Authority including without limitation current building regulations (or equivalent regulations) so as to be ready for tenant fit out, including for the avoidance of doubt the enclosing of the fifth floor of the Premises with a wind and watertight roof, the design of which is to be approved in advance rents incurred by the Landlord (whose approval during such period as is not to be unreasonably withheld or delayed) such that reasonably required for the avoidance carrying out of doubt that works after the fifth floor end of the Premises shall be open plan offices, and provided also that the Tenant shall provide adequate disabled access Term by reason of any breach of this Clause (but without prejudice to the fifth floor any other right of the Premises, Landlord) provided that subject to the above provisions the Tenant shall not be obliged to remove breach results solely from the Tenant’s Works.'s actions and not from those of the Landlord its servants agents or licensees

Appears in 1 contract

Samples: Lease (Virata Corp)

Yielding up. 3.17.1 At the End expiration or sooner determination of the Term and if the Tenant Demised Premises are no longer required for the purposes specified at Clause 3.5.1 by the Minister to yield up quietly the Demised Premises, to include any Buildings erected on the Demised Premises during the Term, the erection of which has not been funded by the Minister with the fixtures and fittings which are now on or shall at any time during the continuance of the Term be placed therein (except the Patron’s fixtures) in a good and tenantable state of repair and condition having – 1. complied with all the Patron’s covenants contained in this Lease and 2. if and to the extent so required by the Landlord: 20.1.1 remove Minister but not otherwise removed all signs and tenant’s fixtures and fittings and furniture and effects making good any damage to the Premises so caused; 20.1.2 remove and/or reinstate any alterations or additions made to the Demised Premises making good by the Patron and/or; 3.17.2 If the Demised Premises or part thereof being the property of the State shall be required at any damage time during the Term of the Lease to be used for the public service including the provision of services under the Education Act 1998 or for any other purpose at the absolute discretion of the Minister, upon the service of not less than three (3) months prior written notice in writing, in the case of part of the Demised Premises being required and eighteen (18) months prior written notice in writing in the case of the entirety of the Demised Premises being required on the Patron, the Patron shall yield up and surrender the Demised Premises or such part thereof as shall be required to the Premises so caused; 20.1.3 yield up the Premises in a state Minister and condition consistent with due compliance by the Tenant with its covenants shall discharge all rent, rates, taxes, charges and obligations under the Lease and for the avoidance of doubt in no better condition than as evidenced by the Schedule of Condition, subject always to the additional obligations in Clauses 20.1.4 and 20.1.5; 20.1.4 use all reasonable endeavours to obtain planning permission for the change of use of the Premises to office (B1) user, and to ensure that if such planning permission is obtained all laws, regulations, Legal Obligations and conditions related to such planning permission are satisfied and completed (as the case may be) with the intent that the Premises shall be ready for an office (B1) occupier to commence its fit out of the Premises and that immediately after such fit out the Premises shall be ready to lawfully be used as an office; and 20.1.5 yield up the Premises as offices in a state and configuration: 20.1.5.1 outgoings in respect of the Existing Demised Premises in a configuration equivalent up to and in no better condition than as evidenced by the Schedule date of Condition; and 20.1.5.2 such surrender but shall not be entitled to receive any compensation or other payment in respect of such surrender PROVIDED ALWAYS that in the New Premises as open plan offices compliant with all laws, regulations and Legal Obligations, the design of which is to be approved in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed), compliant with all Legal Obligations of any relevant Authority including without limitation current building regulations (or equivalent regulations) so as to be ready for tenant fit out, including for the avoidance of doubt the enclosing case of the fifth floor entirety of the Demised Premises with a wind and watertight roof, being required the design of which is to be approved in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed) such that for the avoidance of doubt that the fifth floor expiry of the Premises relevant notice period shall be open plan offices, and provided also that coincide with the Tenant shall provide adequate disabled access to the fifth floor final day of the Premises, provided that subject to school term unless a shorter notice period is agreed between the above provisions the Tenant shall not be obliged to remove the Tenant’s Worksparties.

Appears in 1 contract

Samples: Lease Agreement

Yielding up. At (A) Immediately prior to the End expiration or sooner determination of the Term if required by any competent authority or if reasonably so requested by either the Landlord or the Superior Landlord (and in either such case at the cost of the Tenant) to remove from the Demised Premises or (if the relevant contaminant pollutant or hazardous substance has been caused by the Demised Premises or any use thereof or activities or omissions thereon after the date hereof from other sites or premises or controlled waters or render harmless to the reasonable satisfaction of the Landlord and the Superior Landlord any such contaminant or pollutant or hazardous substance which is capable of causing harm or Pollution or which either the Landlord or the Superior Landlord would otherwise have a duty (whether under common law or statute) to remove or render harmless; (B) At the expiration or sooner determination of the Term (howsoever the same be deter-mined) to yield up to the Landlord the Demised Premises in such state of repair and condition and cleanliness as shall be in accordance with the covenants on the part of the Tenant shall herein contained together (if and the Term is determined prior to the extent required by Satisfaction Date but not otherwise) with the Superior Landlord: 20.1.1 remove 's Fixtures and Fittings and together with all signs other fixtures fittings improvements and additions (except tenant’s 's fixtures and fittings fittings) which now are or may at any time hereafter be in or about the Demised Premises and furniture and effects making good any damage in the event of the Tenant failing so to the Premises so caused; 20.1.2 remove and/or reinstate any alterations or additions to the Premises making good any damage to the Premises so caused; 20.1.3 yield up the Demised Premises in a to pay to the Landlord on demand by way of liquidated damages: (i) the cost of putting the Demised Premises into the state of repair and condition consistent with due compliance by and cleanliness in which they should have been had the Tenant with its covenants and obligations under the Lease and for the avoidance of doubt in no better condition than as evidenced by the Schedule of Condition, subject always to the additional obligations in Clauses 20.1.4 and 20.1.5; 20.1.4 use all reasonable endeavours to obtain planning permission for the change of use of the Premises to office (B1) user, and to ensure that if such planning permission is obtained all laws, regulations, Legal Obligations and conditions related to such planning permission are satisfied and completed (as the case may be) complied with the intent that the Premises shall be ready for an office (B1) occupier to commence its fit out terms of the Premises and that immediately after such fit out the Premises shall be ready to lawfully be used as an officethis Sub-Lease; and 20.1.5 yield up the Premises (ii) on an indemnity after-tax basis all losses (as offices defined in a state Clause 3.25(A)) (including without limitation Surveyors' Environmental Consultants' and configuration: 20.1.5.1 in respect of the Existing Premises in a configuration equivalent to and in no better condition than as evidenced by the Schedule of Condition; and 20.1.5.2 in respect of the New Premises as open plan offices compliant with all laws, regulations and Legal Obligations, the design of other professional fees) which is to be approved in advance are at any time made or claimed against or incurred suffered or sustained by the Landlord (whose approval is not in connection with the matters refer-red to be unreasonably withheld or delayedin this Clause 3.21(B), compliant with all Legal Obligations of any relevant Authority including without limitation current building regulations (or equivalent regulations) so as to be ready for tenant fit out, including for the avoidance of doubt the enclosing of the fifth floor of the Premises with a wind and watertight roof, the design of which is to be approved in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed) such that for the avoidance of doubt that the fifth floor of the Premises shall be open plan offices, and provided also that the Tenant shall provide adequate disabled access to the fifth floor of the Premises, provided that subject to the above provisions the Tenant shall not be obliged to remove the Tenant’s Works.;

Appears in 1 contract

Samples: Sub Lease (Txu Eastern Holdongs LTD)

Yielding up. At the End expiry or sooner determination of the Term (unless renewed), to peaceably and quietly yield up the Premises with all locks and keys complete (whether held by the Tenant or any of the Tenant's employees or agents irrespective of whether the same have been supplied by the Landlord) to the Landlord together with the fixtures and fittings therein in good and tenantable repair state and condition (save for fair wear and tear and damage by fire other than that caused by the Tenant ) in accordance with the stipulations hereinbefore contained and in accordance also with the covenants and conditions contained or imposed in or by virtue of any licence granted by the Landlord herein and prior to the termination of the Term to do the following: (i) forthwith replace with items of similar character and comparable value, all of the Landlord's fixtures and fittings which shall be missing, broken, damaged or destroyed and for which the Tenant is liable to make good; (ii) in the event that any alterations or fitting-out works have been carried out to the Premises or to any other part of the Building by the Tenant, its contractors, servants or agents, then (if and to the extent so required by the Landlord: 20.1.1 remove all signs and tenant’s fixtures and fittings and furniture and effects making good any damage ) to the Premises so caused; 20.1.2 remove and/or reinstate any alterations or additions to the Premises making good any damage to the Premises so caused; 20.1.3 yield up the Premises in a state and condition consistent with due compliance by the Tenant with its covenants and obligations under the Lease and for the avoidance of doubt in no better condition than as evidenced by the Schedule of Condition, subject always to the additional obligations in Clauses 20.1.4 and 20.1.5; 20.1.4 use all reasonable endeavours to obtain planning permission for the change of use of restore the Premises to office (B1) userits Original Condition and in any event to remove any lettering, moulding, sign, writing or painting of the name or business of the Tenant and to ensure that if such planning permission is obtained all laws, regulations, Legal Obligations and conditions related to such planning permission are satisfied and completed (as the case may be) with the intent that the Premises shall be ready for an office (B1) occupier to commence its fit out of other persons from the Premises and that immediately after such fit out the Premises shall be ready to lawfully be used as an office; and 20.1.5 yield up the Premises as offices in a state all internal partitions, fixtures and configuration: 20.1.5.1 in respect installations of the Existing Premises in a configuration equivalent to and in no better condition than Tenant as evidenced by the Schedule of Condition; and 20.1.5.2 in respect of the New Premises as open plan offices compliant with all laws, regulations and Legal Obligations, the design of which is to be approved in advance are specified by the Landlord and any other Tenant's equipment placed within or on the Building and to restore all air-conditioning installations or other electrical installations to their Original Condition to the reasonable satisfaction of the Landlord (whose all such works being hereinafter referred to as the "restoration works"). The restoration works relating to the reinstatement of all architectural and structural works, air-conditioning installations, sprinkler systems and other mechanical and engineering, building and sanitary installations shall be carried out by a contractor approved by the Landlord which approval is shall not to be unreasonably withheld or delayedand under the supervision of the Landlord's Consultant(s) and the Tenant shall pay for all reasonable costs, charges, fees, disbursements and expenses of the Landlord's Consultant(s), compliant with an estimate for which will be notified to the Tenant beforehand. In all Legal Obligations of any relevant Authority including without limitation current building regulations (or equivalent regulations) so as to be ready for tenant fit out, including for the avoidance of doubt the enclosing of the fifth floor of the Premises with a wind and watertight roofother cases, the design of which is to be approved removal and restoration works in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed) such that for the avoidance of doubt that the fifth floor respect of the Premises shall be open plan officescarried out by a contractor approved by the Landlord, and provided also which approval shall not be unreasonably withheld Provided Always that the Tenant shall provide adequate disabled access obtain all necessary governmental and/or statutory consents and approvals in respect of the restoration works before commencing the same and shall comply with all statutes and with the terms, conditions and requirements of all such consents and approvals in the execution of any restoration works; and (iii) make good all damage or defacement done to the fifth floor Premises or the Building by the restoration works or by the removal of the PremisesTenant's furniture, provided that subject to the above provisions fixtures, fittings and effects, AND if the Tenant fails to comply with and perform its obligations under this sub-clause, the Landlord may (but shall not be obliged to) do all things necessary to remove effect such compliance and/or performance to the Tenant’s WorksLandlord's satisfaction. If the Landlord carries out the necessary works, the Landlord must endeavour to complete the works as soon as possible. The Tenant shall on demand pay all costs incurred by the Landlord in connection therewith and an administrative fee at 7.5% of the costs incurred and a sum equivalent to the Rent and Service Charge for and calculated based on the period taken by the Landlord to complete the works . In the event that the period taken extends beyond the expiry of three (3) months after the expiry of the Term, the Tenant shall pay to the Landlord a sum equivalent to double the Rent and Service Charge for such period which falls after the three (3) months period as aforesaid. Such costs, the Rent, Service Charge and other amounts shall be a debt due from the Tenant to the Landlord and recoverable forthwith as such. For the avoidance of doubt, any request for reinstatement works to be carried out after expiry or sooner determination of the Term shall be at the sole discretion and under the direction of the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Kulicke & Soffa Industries Inc)

Yielding up. At 3.22.1 Immediately prior to the End expiration or sooner determination of the Term the Tenant shall if and to the extent required by the Landlord: 20.1.1 remove all signs and tenant’s fixtures and fittings and furniture and effects making good any damage to the Premises competent authority or if reasonably so caused; 20.1.2 remove and/or reinstate any alterations or additions to the Premises making good any damage to the Premises so caused; 20.1.3 yield up the Premises in a state and condition consistent with due compliance by the Tenant with its covenants and obligations under the Lease and for the avoidance of doubt in no better condition than as evidenced by the Schedule of Condition, subject always to the additional obligations in Clauses 20.1.4 and 20.1.5; 20.1.4 use all reasonable endeavours to obtain planning permission for the change of use of the Premises to office (B1) user, and to ensure that if such planning permission is obtained all laws, regulations, Legal Obligations and conditions related to such planning permission are satisfied and completed (as the case may be) with the intent that the Premises shall be ready for an office (B1) occupier to commence its fit out of the Premises and that immediately after such fit out the Premises shall be ready to lawfully be used as an office; and 20.1.5 yield up the Premises as offices in a state and configuration: 20.1.5.1 in respect of the Existing Premises in a configuration equivalent to and in no better condition than as evidenced by the Schedule of Condition; and 20.1.5.2 in respect of the New Premises as open plan offices compliant with all laws, regulations and Legal Obligations, the design of which is to be approved in advance requested by the Landlord (whose approval and in either such case at the cost of the Tenant) to remove from the Demised Premises or (if the relevant contaminant pollutant or hazardous substance has been caused by the Demised Premises or any use thereof or activities or omissions thereon after the date hereof from other sites or premises or controlled waters or render harmless to the reasonable satisfaction of the landlord any such contaminant or pollutant or hazardous substance which is capable of causing harm or pollution or which the Landlord would otherwise have a duty (whether under common law or statute) to remove or render harmless; 3.22.2 At the expiration or sooner determination of the Term (howsoever the same be determined) to yield up to the Landlord the Demised Premises in such state of repair and condition and cleanliness as shall be in accordance with the covenants on the part of the Tenant herein contained together (if the Term is determined prior to the Satisfaction Date but not to be unreasonably withheld or delayed), compliant otherwise) with the Landlord's Fixtures and Fittings and together with all Legal Obligations other fixtures fittings improvements and additions (except tenant's fixtures and fittings) which now are or may at any time hereafter be in or about the Demised Premises and in the event of any relevant Authority the Tenant failing so to yield up the Demised Premises to pay to the Landlord on demand by way of liquidated damages: (i) the cost of putting the Demised Premises into the state of repair and condition and cleanliness in which they should have been had the Tenant complied with the terms of this Lease; and (ii) on an indemnity after-tax basis all losses (as defined in Clause 3.26.1) (including without limitation current building regulations (Surveyors' Environmental Consultants' and other professional fees) which are at any time made or equivalent regulations) so as to be ready for tenant fit out, including for the avoidance of doubt the enclosing of the fifth floor of the Premises with a wind and watertight roof, the design of which is to be approved in advance claimed against or incurred suffered or sustained by the Landlord (whose approval is not in connection with the matters referred to be unreasonably withheld or delayed) such that for the avoidance of doubt that the fifth floor of the Premises shall be open plan offices, and provided also that the Tenant shall provide adequate disabled access to the fifth floor of the Premises, provided that subject to the above provisions the Tenant shall not be obliged to remove the Tenant’s Works.in this Clause 3.22.2;

Appears in 1 contract

Samples: Lease (Txu Eastern Holdongs LTD)

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Yielding up. At 4.35.1 Immediately prior to the End Termination Date at the cost of the Term Tenant:- 4.35.1.1 to remove every moulding sign writing or painting of the name or business of the Tenant shall if or other occupiers from the Demised Premises and to remove all tenant's and trade fixtures and fittings furniture and effects from the extent required Demised Premises 4.35.1.2 (unless released from compliance by written notice given by the Landlord: 20.1.1 ) to remove and make good all signs and tenant’s fixtures and fittings and furniture and effects making good any damage to the Premises so caused; 20.1.2 remove and/or reinstate any alterations or additions made to the Demised Premises making good at any damage time during the Term and well and substantially to reinstate the Demised Premises to the Premises so caused;condition in which the same were prior to the making of such alterations or additions in such manner as the Landlord shall direct and to its reasonable satisfaction 20.1.3 4.35.1.3 to make good to the reasonable satisfaction of the Landlord all damage caused by any such removal or reinstatement 4.35.2 At the Termination Date quietly to yield up to the Landlord the Demised Premises in a state such good and substantial repair and condition consistent as shall be in accordance with due compliance by the covenants on the part of the Tenant with its covenants and obligations under the Lease and for the avoidance of doubt in no better condition than as evidenced by the Schedule of Condition, subject always to the additional obligations in Clauses 20.1.4 and 20.1.5; 20.1.4 use all reasonable endeavours to obtain planning permission for the change of use of the Premises to office (B1) user, and to ensure that if such planning permission is obtained all laws, regulations, Legal Obligations and conditions related to such planning permission are satisfied and completed (as the case may be) with the intent that the Premises shall be ready for an office (B1) occupier to commence its fit out of the Premises and that immediately after such fit out the Premises shall be ready to lawfully be used as an office; and 20.1.5 yield up the Premises as offices in a state and configuration: 20.1.5.1 in respect of the Existing Premises in a configuration equivalent to and in no better condition than as evidenced by the Schedule of Condition; and 20.1.5.2 in respect of the New Premises as open plan offices compliant with all laws, regulations and Legal Obligations, the design of which is to be approved in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed), compliant with all Legal Obligations of any relevant Authority including without limitation current building regulations (or equivalent regulations) so as to be ready for tenant fit out, herein contained including for the avoidance of doubt the enclosing covenant contained in Clause 4.35.1 above together with all Landlord's fixtures fittings improvements and additions which now are or may at any time hereafter be in or about the Demised Premises (but excepting the Tenant's fixtures and fittings) Provided that if at the Termination Date the Demised Premises shall not be in such good and substantial repair and condition then whether the works necessary to put the Demised Premises into such repair and condition are carried out by the Tenant or at the entire cost of the fifth floor of the Premises with a wind and watertight roof, the design of which is to be approved in advance Tenant by the Landlord (whose approval is not there shall in addition be paid to the Landlord by the Tenant by way of liquidated damages a sum equivalent to the loss of rent suffered by the Landlord in respect of the period that it would take the Landlord to carry out all such necessary works such sum to be unreasonably withheld or delayed) such that for the avoidance of doubt that the fifth floor paid within seven days of the Premises shall be open plan offices, and provided also that Landlord informing the Tenant shall provide adequate disabled access to the fifth floor of the Premises, provided that subject to the above provisions the Tenant shall not be obliged to remove the Tenant’s Works.all such works have been so completed

Appears in 1 contract

Samples: Lease (Eshare Technologies Inc/Ga)

Yielding up. At the End of the Term the Tenant shall if 3.6 To surrender and to the extent required by the Landlord: 20.1.1 remove all signs and tenant’s fixtures and fittings and furniture and effects making good any damage to the Premises so caused; 20.1.2 remove and/or reinstate any alterations or additions to the Premises making good any damage to the Premises so caused; 20.1.3 yield up the Premises at the end of the Term or on the earlier determination of this Lease with vacant possession in a state and condition consistent with due compliance by the proper performance of the Tenant's obligations under this Lease. 3.7 To inform the Landlord within seven Working Days of the Tenant becoming aware of any damage to the structure or exterior of the Premises or any other parts of the Premises which the Landlord is liable to repair 3.8 To permit the Landlord and the Landlord's duly authorised agents upon giving reasonable previous notice in writing to the Tenant at all reasonable times to enter upon and to examine the condition of the Premises and to enter with its covenants such operatives and obligations under plant and equipment as may be necessary to execute repairs on the Lease Premises and any adjoining premises belonging to the Landlord 3.9 Not to assign or part with or share possession of the whole or part of the Premises save that the Tenant may without consent: (i) grant an assured short-hold tenancy of the whole of the Premises, which prohibits further assignment and subletting; (ii) assign or sublet the whole of the Premises on the same terms as this lease (other than as to rent) to a local authority or registered social landlord; (iii) Where the Tenant is a local authority grant non secure tenancies or occupation agreements of the whole of the Premises provided that such agreement shall prohibit further assignment and subletting; 3.10 Not to use the Premises other than for the avoidance of doubt in no better condition than as evidenced by the Schedule of Condition, subject always to the additional obligations in Clauses 20.1.4 and 20.1.5;Permitted Use 20.1.4 3.11 To use all reasonable endeavours to obtain planning permission for procure that the change of occupying tenants use of the Premises for residential purposes only and do not use the Premises for any illegal or immoral purpose or carry on any form of business on the Premises 3.12 Not to office (B1) user, and cut maim or make any structural alterations or additions to ensure the Premises save that if such planning permission is obtained all laws, regulations, Legal Obligations and conditions related internal non-structural alterations to such planning permission are satisfied and completed (as the case may be) Premises with the intent that the Premises shall be ready for an office (B1) occupier to commence its fit out prior written consent of the Premises and that immediately after such fit out the Premises shall be ready to lawfully be used as an office; and 20.1.5 yield up the Premises as offices in a state and configuration: 20.1.5.1 in respect of the Existing Premises in a configuration equivalent to and in no better condition than as evidenced by the Schedule of Condition; and 20.1.5.2 in respect of the New Premises as open plan offices compliant with all laws, regulations and Legal Obligations, the design of which is to be approved in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed), compliant with all Legal Obligations of any relevant Authority including without limitation current building regulations (or equivalent regulations) so as to be ready for tenant fit out, including for the avoidance of doubt the enclosing of the fifth floor of the Premises with a wind and watertight roof, the design of which is to be approved in advance by the Landlord (whose approval is such consent not to be unreasonably withheld or delayed) such that for Provided That i) the avoidance of doubt that Tenant shall be entitled to change the fifth floor locks at the Premises at any time. ii) the Tenant shall be entitled to make enhancements to the security of the Premises shall for example additional locks to windows and doors, spy holes, Lifeline connections and safe rooms. Where such enhancements are made the Tenant will be open plan offices, responsible for removing the enhancements at the end of the Term and making good any damage caused if the Landlord requires it. 3.13 To permit the Landlord during the three months immediately preceding the determination of this Lease to affix and retain without interference upon any part of the Premises a notice for the sale or re letting of the same and during the said three months to permit persons with written authority from the Landlord to view the premises by appointment with the Tenant and the sub-tenants 3.14 To pay the Landlord’s surveyor's and solicitor's reasonable and proper costs charges expenses and fees properly incurred arising out of the preparation and service of any notice under Section 146 of the Law of Property Xxx 0000 3.15 To use all reasonable endeavours to procure that the sub-tenants or other occupiers of the Premises do not cause nuisance or annoyance to the Landlord its agents staff or tenants or the owners and occupiers of any adjoining premises 3.16 To procure that the gas installations in the Premises are tested and approved by a Gas Safe registered engineer every year of the term to comply with the Gas Safety (Installations and Use) Regulations 1998 provided also that the Tenant shall provide adequate disabled access be entitled to deduct its reasonable and proper costs of complying with this covenant from the fifth floor of the Premises, provided that subject to the above provisions the Tenant shall not be obliged to remove the Tenant’s WorksRent.

Appears in 1 contract

Samples: Lease

Yielding up. 3.17.1 At the End expiration or sooner determination of the Term and if the Tenant Demised Premises are no longer required for the purposes specified at Clause 3.5.1 by the Minister to yield up quietly the Demised Premises, to include any Buildings erected on the Demised Premises during the Term, the erection of which has not been funded by the Minister with the fixtures and fittings which are now on or shall at any time during the continuance of the Term be placed therein (except the Patron’s fixtures) in a good and tenantable state of repair and condition having – 1. complied with all the Patron’s covenants contained in this Lease and 2. if and to the extent so required by the Landlord: 20.1.1 remove Minister but not otherwise removed all signs and tenant’s fixtures and fittings and furniture and effects making good any damage to the Premises so caused; 20.1.2 remove and/or reinstate any alterations or additions made to the Demised Premises making good by the Patron and/or; 3.17.2 If the Demised Premises or part thereof being the property of the State shall be required at any damage time during the Term of the Lease to be used for the public service including the provision of services under the Education Xxx 0000 or for any other purpose at the absolute discretion of the Minister, upon the service of not less than three (3) months prior written notice in writing, in the case of part of the Demised Premises being required and eighteen (18) months prior written notice in writing in the case of the entirety of the Demised Premises being required on the Patron, the Patron shall yield up and surrender the Demised Premises or such part thereof as shall be required to the Premises so caused; 20.1.3 yield up the Premises in a state Minister and condition consistent with due compliance by the Tenant with its covenants shall discharge all rent, rates, taxes, charges and obligations under the Lease and for the avoidance of doubt in no better condition than as evidenced by the Schedule of Condition, subject always to the additional obligations in Clauses 20.1.4 and 20.1.5; 20.1.4 use all reasonable endeavours to obtain planning permission for the change of use of the Premises to office (B1) user, and to ensure that if such planning permission is obtained all laws, regulations, Legal Obligations and conditions related to such planning permission are satisfied and completed (as the case may be) with the intent that the Premises shall be ready for an office (B1) occupier to commence its fit out of the Premises and that immediately after such fit out the Premises shall be ready to lawfully be used as an office; and 20.1.5 yield up the Premises as offices in a state and configuration: 20.1.5.1 outgoings in respect of the Existing Demised Premises in a configuration equivalent up to and in no better condition than as evidenced by the Schedule date of Condition; and 20.1.5.2 such surrender but shall not be entitled to receive any compensation or other payment in respect of such surrender PROVIDED ALWAYS that in the New Premises as open plan offices compliant with all laws, regulations and Legal Obligations, the design of which is to be approved in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed), compliant with all Legal Obligations of any relevant Authority including without limitation current building regulations (or equivalent regulations) so as to be ready for tenant fit out, including for the avoidance of doubt the enclosing case of the fifth floor entirety of the Demised Premises with a wind and watertight roof, being required the design of which is to be approved in advance by the Landlord (whose approval is not to be unreasonably withheld or delayed) such that for the avoidance of doubt that the fifth floor expiry of the Premises relevant notice period shall be open plan offices, and provided also that coincide with the Tenant shall provide adequate disabled access to the fifth floor final day of the Premises, provided that subject to school term unless a shorter notice period is agreed between the above provisions the Tenant shall not be obliged to remove the Tenant’s Worksparties.

Appears in 1 contract

Samples: Lease Agreement

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