Common use of Condition upon Termination Clause in Contracts

Condition upon Termination. Upon the termination of the Lease, ▇▇▇▇▇▇ shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction). Tenant shall have a right to remove any or all of its machinery, equipment and trade fixtures, provided Tenant leaves the Property in pre-removal condition excepting reasonable wear and tear. In addition, Landlord may require Tenant to remove any alterations, additions or improvements prior to the termination of the Lease and to restore the Property to its prior condition excepting reasonable wear and tear, provided that Landlord notified Tenant of its decision to require removal at the time of installation. Tenant shall give written notice of installation to Landlord prior to the commencement of any work thereon. Landlord shall give written notice of removal to Tenant within twenty (20) days of receiving Tenant's notice of installation. If Tenant fails to give notice of installation to Landlord, then Landlord shall have the option to require Tenant to remove alterations, additions or improvements. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the termination of the Lease, Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal of any such trade fixtures, Initials ----- ----- machinery or equipment. In no event, however, shall Tenant remove any of the following materials or equipment without Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes; blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and decorations unless owned and installed by Tenant.

Condition upon Termination. Upon the termination of the this Lease, ▇▇▇▇▇▇ Tenant -------------------------- shall surrender the Property Premises to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision provisions of this Lease. HoweverLease and except for the Alterations (subject to Section 7.3) and Work in the Premises and except for any casualty damage, if any, for which Tenant shall is not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction). Tenant shall have a right to remove any or all of its machinery, equipment and trade fixtures, provided Tenant leaves the Property in pre-removal condition excepting reasonable wear and tearresponsible. In addition, Landlord may require Tenant to remove any alterations, additions Alterations (whether or improvements prior to not made with Landlord's consent) upon the termination of the Lease Term and may, subject to Section 7.3. require Tenant to restore the Property Premises to its prior original condition excepting reasonable wear and tearat Tenant's expense; provided, provided however, that Landlord notified must elect to have Tenant of its decision remove such Alterations by written notice to require removal Tenant at the time of installationTenant requests Landlord's consent to such Alterations for which Landlord's prior consent is required and Tenant shall have no obligation to remove (a) any Alterations to the extent the same are customary and typical for general business offices; and (b) any Work installed in the Premises. Tenant shall give written notice of installation to Landlord prior to the commencement of any work thereon. Landlord shall give written notice of removal to Tenant within twenty (20) days of receiving may remove Tenant's notice of installationmachinery, trade fixtures or equipment ("Personal Property") which can be removed without leaving the Premises or the Building in a materially damaged condition. If Tenant fails to give notice of installation to Landlord, then Landlord shall have the option to require Tenant to remove alterations, additions or improvements. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the termination of the Lease, Tenant shall repair, at Tenant's sole expense, any damage to the Property Premises caused by the installation or removal of any such trade fixturesPersonal Property. Any of Tenant's Personal Property not so removed shall, Initials ----- ----- machinery at the option of Landlord, upon five (5) business days' notice to Tenant (unless Tenant effectuates the removal within such five (5) business day period) automatically become the property of Landlord upon the expiration or equipment. In no event, however, shall Tenant remove any termination of the following materials Lease. Thereafter, Landlord may retain or equipment dispose of in any manner the Personal Property not so removed, without Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes; blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and decorations unless owned and installed by liability whatsoever to Tenant.

Condition upon Termination. Upon the termination of the this Lease, ▇▇▇▇▇▇ Tenant shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction). Tenant shall have a right to remove any or all of its machinery, equipment and trade fixtures, provided Tenant leaves the Property in pre-removal condition excepting reasonable wear and tear. In addition, except for the Tenant Improvements constructed pursuant to the Construction Rider, Landlord may require Tenant to remove any alterations, additions or improvements (whether or not made with Landlord's consent, and whether or not within the dollar limitations under paragraph 6.5(a)) prior to the termination expiration of the this Lease and to restore the Property to its prior condition excepting reasonable wear and tearcondition, provided that all at Tenant's expense. If Landlord notified does not provide Tenant of its decision to require removal at the time of installation. Tenant shall give with written notice of installation to Landlord at least ninety (90) days prior to the commencement termination date of any work thereon. Landlord shall give written notice of removal to Tenant within twenty (20) days of receiving Tenant's notice of installation. If Tenant fails to give notice of installation to Landlord, then Landlord shall have the option to require Tenant Lease to remove such alterations, additions or improvements, then the fact that the Tenant has failed to timely remove such alterations, additions or improvements required under this Section 6.6 shall not by itself make the Tenant a "hold over" tenant under Section 2.2, except if the Tenant fails to remove such alterations, additions and improvements within ninety (90) days of Landlord's written notice. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of the this Lease, except that Tenant may remove any of Tenant's trade fixtures, including without limitation Tenant's furnishings, inventory, machinery or equipment which can be removed without material damage to the Property. Additionally, Tenant may on the termination date remove the specialized air conditioning compressor unit installed as part of the Tenant Improvements which services the specialized computer room in the Building (provided that Tenant gives Landlord at least thirty (30) days prior written notice and that Tenant repairs and patches all damage to the Property, including but not limited to fully repairing the roof regarding such removal). Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal of any such trade fixtures, Initials ----- ----- machinery or equipmentproperty of Tenant. In no event, however, shall Tenant remove any of the following materials or equipment (which shall be deemed Landlord's property) without Landlord's prior written consent: any power wiring or power panels; the Tenant Improvements (defined in the Construction Rider) and additions thereto, lighting or lighting fixturesfixtures attached to the Property; wall coverings; drapes; , blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipmentequipment (except as described above); fencing or security gates; or other similar building operating equipment and decorations unless owned and installed by Tenantdecorative components.

Condition upon Termination. Upon At the expiration or earlier termination of this Lease, Tenant (and all persons claiming by, through or under Tenant) shall, without the necessity of any notice, surrender the Premises (including any Alterations and all replacements thereof, except such Alterations constructed after the Commencement Date as Landlord may direct to be removed at the time of Landlord’s approval thereof, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises, remove all of Tenant’s Property, all Required Removal Alterations, all of Tenant’s trade fixtures and personal property not bolted or otherwise attached to the Premises (and such trade fixtures and other property bolted or attached to the Premises as Landlord may direct, or, except as set forth below, as Tenant may desire), all Tenant’s signs wherever located, and any other furniture, fixtures, and equipment Tenant is required to remove upon termination or earlier termination of the Lease, ▇▇▇▇▇▇ shall surrender Lease Term pursuant to the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision terms of this Lease. However, Tenant shall not be obligated in each case repairing damage to repair any damage the Premises which Landlord is required results in the course of such removal and restoring the Premises to repair under Article Seven a fully functional and tenantable condition (Damage including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged or Destructionstained ceiling tiles). Tenant shall have a right to remove any or all of its machineryyield up the Premises broom-clean and in good order, equipment repair and trade fixturescondition, provided Tenant leaves the Property in pre-removal condition excepting reasonable wear and tear. In addition, Landlord may require Tenant to remove any alterations, additions or improvements prior tear and damage by casualty and taking (to the extent provided in Article X of this Lease only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and to restore the Property to its prior condition excepting reasonable wear may be removed and teardisposed of by Landlord in such manner as Landlord shall determine, provided that Landlord notified Tenant of its decision to require removal at the time of installation. and Tenant shall give written notice of installation pay to Landlord prior the reasonable cost and expense incurred by Landlord in effecting such removal and disposition and in making any required repairs to the commencement of any work thereon. Landlord shall give written notice of removal to Tenant within twenty (20) days of receiving Tenant's notice of installation. If Tenant fails to give notice of installation to Landlord, then Landlord shall have the option to require Tenant to remove alterations, additions or improvements. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the termination of the Lease, Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal of any such trade fixtures, Initials ----- ----- machinery or equipmentPremises. In no event, however, shall Tenant remove any of the following materials or equipment (which shall be deemed Landlord’s property), without Landlord's ’s prior written consent: any (a) power wiring or power wiring panels; (b) lighting or lighting fixtures; (c) doors, windows, or wall coverings; (d) drapes; , blinds or other window coverings; (e) installed carpets or other installed floor coverings; heaters, air conditioners (f) built-in or any other hard-wired heating or air conditioning equipment; (g) fencing or security gates; or other (h) other, similar building operating equipment and decorations unless owned and installed by Tenantof the Building.

Condition upon Termination. Upon Subject to the remaining provisions hereof of this Section 6.8, at the expiration or earlier termination of the Lease, ▇▇▇▇▇▇ shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, or if Tenant abandons the Premises in the manner described in Section 9.1(i) below, Tenant shall (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises, including (x) the Initial Improvements and the Roof Improvements, (y) any tenant work and all replacements thereof, including work and replacements which constitute additions or Alterations constructed after the Commencement Date, that Landlord, pursuant to Section 6.6 above, does not be obligated require Tenant to repair any damage which Landlord is required remove, and (z) all keys to repair under Article Seven (Damage or Destruction). Tenant shall have a right to remove any or all of its machinery, equipment and trade fixtures, provided Tenant leaves the Property in pre-removal condition excepting reasonable wear and tearPremises. In addition, Tenant shall remove all of its trade fixtures, electronic, phone and data cabling and related equipment located in or upon the Premises, personal property, and all Tenant’s signs wherever located, along with any additions or Alteration not expressly permitted to remain on the Premises by Landlord, all of which shall be removed by Tenant in a commercially reasonable manner and the damage caused by such removal shall be repaired by Tenant at Tenant’s sole expense). Except with respect to any Alterations that Landlord may does not require Tenant to remove any alterationspursuant to the terms of Section 6.6 above, additions or improvements Landlord by written notice to Tenant at least thirty (30) days prior to the Expiration Date may require Tenant, at is sole cost and expense, to remove any of the Initial Improvements, Alterations or other additions or installations in the Premises. Tenant shall repair any damage caused by such removal. Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article X only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and to restore the Property to its prior condition excepting reasonable wear may be removed and teardisposed of by Landlord in such manner as Landlord shall determine, provided that Landlord notified Tenant of its decision to require removal at the time of installation. and Tenant shall give written notice of installation pay to Landlord prior to the commencement of any work thereon. Landlord shall give written notice of reasonable cost and expense incurred by it in effecting such removal to Tenant within twenty (20) days of receiving Tenant's notice of installation. If Tenant fails to give notice of installation to Landlord, then Landlord shall have the option to require Tenant to remove alterations, additions or improvements. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the termination of the Lease, Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal of any such trade fixtures, Initials ----- ----- machinery or equipment. In no event, however, shall Tenant remove any of the following materials or equipment without Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes; blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and decorations unless owned and installed by Tenantdisposition.

Condition upon Termination. Upon the termination of the Lease, ▇▇▇▇▇▇ Tenant shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction) or Section 4.05(d). Tenant shall have a right to remove any or all of its machinery, equipment and trade fixtures, provided Tenant leaves the Property in pre-removal condition excepting reasonable wear and tear. In addition, Landlord may at its option require Tenant to remove or demolish any alterations, additions or improvements (whether or not made with Landlord's consent), including all interior, exterior and loading dock improvements, prior to the termination expiration of the Lease Term and to restore the Property to its prior a condition excepting reasonable wear and tearequal to Landlord's standard building specifications, provided that all at Tenant's expense. Whether or not Landlord notified Tenant of its decision elects to require removal at Tenant demolish or restore improvements, Tenant shall restore the time loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution of installationthis Lease. If requested by Tenant, Landlord will include within its consent to requested alterations, additions or improvements a list of those of the requested alterations, additions or improvements items to be removed or demolished by Tenant prior to the expiration of this Lease. In the event Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, and Tenant shall be subject to damages equal to twenty-five percent (25%) of the cost of such demolition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and as such do not constitute a penalty. Tenant shall give written notice of installation to Landlord prior repair, at Tenant's expense, any damage to the commencement Property caused by the removal or demolition of any work thereon. Landlord shall give written notice of removal to Tenant within twenty (20) days of receiving Tenant's notice of installation. If Tenant fails to give notice of installation to Landlord, then Landlord shall have the option to require Tenant to remove such alterations, additions or improvements. All alterations, additions and improvements improvements, excepting Tenant's trade fixtures, personal property and removable equipment, which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of the Lease. Unless directed by Landlord to do so, Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal of any such trade fixtures, Initials ----- ----- machinery or equipment. In no event, however, shall Tenant not remove any of the following materials or equipment equipment, if permanently (but not temporarily) attached to the Property (which shall be deemed Landlord's property) without Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes; , blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; rooftop communication equipment or other similar building operating equipment and decorations unless owned and installed by Tenantdecorations.

Condition upon Termination. 14.1. Upon the termination of the this Lease, ▇▇▇▇▇▇ Tenant shall surrender the Property Premises to Landlord, broom clean clean, without damage and in the same condition as received received, except for ordinary wear and tear which Tenant was is not otherwise obligated to remedy under any provision of this Lease. HoweverWith respect to the removal of alterations to the Premises (including any floor covering and whether or not performed with Landlord’s consent) at the end of the Lease term: a) if Tenant is entitled to make the alteration to the office portion of the Premises under the terms of Section 13 above without obtaining Landlord’s consent, Tenant shall need not be obligated remove the alteration; b) if Tenant must request Landlord’s permission to repair any damage which make an alteration or if the alteration is to the lab/shop area, or if the alteration consists of block walls or a similar heavy construction, Tenant must remove the alteration if directed to do so by Landlord is required at the time Landlord gives consent to repair under Article Seven (Damage or Destruction). Tenant shall have a right the alteration; and c) with respect to remove any or all the initial work of its machinery, equipment Landlord and trade fixtures, provided Tenant leaves the Property in pre-removal condition excepting reasonable wear and tear. In additionTenant, Landlord may require shall give Tenant written notice of the Work that must be left at the Premises and the work that must be removed, within thirty (30) days of receipt of Tenant’s construction plans. If Landlord directs Tenant to remove any alterationsalterations from the Premises, additions including any specialty items installed by or improvements prior to at the termination request of Tenant, Tenant will remove such items at the end of the Lease term and to restore the Property Premises to its prior condition excepting reasonable wear and teara standard office facility/shop area finish, provided that Landlord notified Tenant of its decision to require removal all at the time of installationTenant’s sole expense. Tenant shall give written notice of installation to Landlord prior to the commencement of any work thereon. Landlord shall give written notice of removal to Tenant within twenty (20) days of receiving Tenant's notice of installation. If Tenant fails to give notice of installation may, without expense to Landlord, then Landlord shall have remove all trade fixtures, moveable partitions and machines which are installed and can be removed without damage to the option to require Building or Premises, and other articles of personal property owned by Tenant. Tenant to remove alterations, additions or improvements. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the termination of the Lease, Tenant shall repairshall, at Tenant's its expense, repair any damage to the Property Premises or the Building caused by the installation or removal of any such trade furniture, fixtures, Initials ----- ----- machinery alterations or additions so removed and restore the Premises to its original condition. 14.2. Notwithstanding anything in Section 13 or Section 14.1 to the contrary, Landlord will install a basement in the building to house a dynamometer or other testing equipment. In no eventlieu of leaving or removing the basement, howeverpursuant to the notice provided for in Section 14.1 above, shall Tenant remove any at Landlord’s written request made prior to the end of the following materials or equipment without Lease term, Tenant shall, prior to the expiration of the Lease Term (as it may be extended pursuant to Section 4.2), at Tenant’s sole cost, fill the basement with engineered fill compacted to ninety-five (95%) percent modified ▇▇▇▇▇▇▇, and install a six (6) inch reinforced concrete cap, sufficient in the opinion of Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes; blinds or other window coverings; carpets or other floor coverings; heaters’s independent professional engineer utilizing accepted engineering criteria, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and decorations unless owned and installed by Tenantto support structural loads up to four hundred fifty (450) pounds per square foot.