Common use of Surrender of the Leased Premises Clause in Contracts

Surrender of the Leased Premises. Upon the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, immediately (a) surrender the Leased Premises to Landlord in broom-clean condition and in good order, condition and repair, subject to normal wear and tear and casualty, (b) remove from the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) repair any damage caused by any such removal and restore the Leased Premises to the condition existing upon the commencement date of the Existing Lease (as defined in Section 17.02 below), reasonable wear and tear excepted. All of Tenant's Property that is not removed within ten (10) business days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property at Tenant's cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Building.

Appears in 4 contracts

Sources: Office Lease, Office Lease (Tekelec), Office Lease (Tekelec)

Surrender of the Leased Premises. Upon On the expiry or earlier termination of the Term, the Tenant will peaceably surrender the Leased Premises to the Landlord in first class condition, will deliver all the keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and will inform the Landlord of all combinations of locks, safes and vaults, if any, in the Leased Premises and will comply with all of its obligations as referred to in Section 11.5 hereof. This obligation survives the expiration of the Term or earlier termination of this Lease. If at the expiry or early termination of the Term, the Tenant does not remove its Trade Fixtures or any of its other property on the Leased Premises, the Landlord shall have no obligation in respect thereof and may sell or destroy the same or have them removed or stored at the expense of the Tenant; at the option of the Landlord, such Trade Fixtures or property shall become the absolute property of the Landlord without any compensation to the Tenant. In the event that T▇▇▇▇▇ fails to surrender the Leased Premises in the condition above referred to, then all costs and expenses of the Landlord in rectifying such default, including without limitation, lost Rent during any period of rectification, administrative fees and interest on amounts payable, in accordance with Section 4.2 (e) shall be payable by the Tenant, without deduction, abatement, discount for betterment or reasonable wear and tear, set off or otherwise. All Leasehold Improvements (other than Trade Fixtures) shall immediately upon their placement become the Landlord’s property without compensation to the Tenant. Except as otherwise agreed by the Landlord in writing, no Leasehold Improvements shall be removed from the Premises by the Tenant either during or at the expiry or sooner termination of the Term except that: (a) the Tenant may, during the Term, in the usual course of its business, remove its Trade Fixtures, provided that the Tenant is not in default under this lease and provided that such Trade Fixtures have become excess to the Tenant’s needs or the Tenant is substituting new and similar Trade Fixtures therefore; and (b) the Tenant shall, at the expiration or earlier termination of this Lease, Tenant shallthe Term, at its sole cost remove such of the Leasehold Improvements and expenseTrade Fixtures in the Premises as the Landlord shall require to be removed, immediately (a) surrender and restore the Leased Premises to Landlord in broom-clean condition and in good order, condition and repair, subject the Landlord’s then current Building standard to normal wear and tear and casualty, (b) remove from the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested extent required by the Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which The Tenant shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) at its own expense repair any damage caused by any such removal and restore the Leased Premises to the condition existing upon the commencement date of the Existing Lease (as defined in Section 17.02 below), reasonable wear and tear excepted. All of Tenant's Property that is not removed within ten (10) business days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of Building by such property at Tenant's cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Buildingremoval.

Appears in 2 contracts

Sources: Industrial Lease (Above Food Ingredients Inc.), Industrial Lease (Above Food Ingredients Inc.)

Surrender of the Leased Premises. Upon (a) Immediately prior to the expiration of the Lease Term, or upon the earlier termination of this Lease, Tenant shall remove all Trade Fixtures (except surveillance cameras exterior to the buildings which shall remain with the Leased Premises) and repair any damage caused by such removal and vacate and surrender the Leased Premises to Landlord in the condition required by the terms of this Lease. Without limiting the generality of the foregoing, Tenant shall surrender the Leased Premises (normal wear and tear excepted), in broom clean condition, with all interior walls cleaned, all trash, waste, and debris removed, all carpets cleaned, all HVAC equipment within the Leased Premises in operating order and in good repair, and all floors cleaned, all to the reasonable satisfaction of Landlord. In the event there has been an event of damage or destruction governed by Article XI, or Condemnation affecting the Leased Premises, and Tenant has been complying with its LOT A obligations to repair and restore pursuant to Articles XI and XII thereof and is not otherwise in default under this Lease, Tenant may surrender the Leased Premises to Landlord without completion of such repair or restoration, and shall have no further obligations with respect thereto provided that Tenant, upon the termination of the Lease Term, relinquishes any rights to and assigns to Landlord all of Tenant's interest, if any, in insurance proceeds and pays to Landlord the amount of any insurance deductible to the extent such deductible amount has not already been expended on such repair or restoration, or any portion of an Award to which it is otherwise entitled under Article XII to the extent that it has not already been expended on such repairs or restoration. If Landlord so requests, Tenant shall, at its sole cost and prior to the expiration or earlier termination of this Lease, Tenant shall, at its sole cost remove any Leasehold Improvements not constructed or installed in compliance with Paragraph 5.1 or Paragraph 6.2 and expense, immediately (a) surrender repair all damage caused by such removal. If the Leased Premises are not so surrendered at the termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in broom-clean condition and in good order, condition and repair, subject to normal wear and tear and casualty, (b) remove from the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) repair any damage caused by any such removal and restore returning the Leased Premises to the condition existing upon required condition, plus interest, from the commencement date of demand for payment of such costs to the Existing date paid, on all costs incurred at the rate of Prime plus six percent (6%) per annum, but in no event less than thirteen and one half percent (13.5%) per annum. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants. (b) Upon expiration or earlier termination of the Lease Term, Tenant shall (i) remove so much or all of the raised flooring and cabling, except that portion installed over depressed slab, and so much or all of the UPS system and Halon systems, as defined may be requested by Landlord; (ii) deliver to Landlord the following documents or records - all computer CAD plans, building plans and specifications and repair and maintenance files; and (iii) have roof repatched and warranted by a professional roofer acceptable to Landlord in Section 17.02 below), reasonable wear and tear excepted. All all areas where the roof is violated or otherwise affected by the removal of Tenant's Property that is not removed within ten (10) business days following Landlord's written demand therefor property from any roof. Tenant shall clean such area after removal. All such removal and cleaning shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property at Tenant's sole cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Buildingexpense.

Appears in 1 contract

Sources: Lease Agreement (Corporate Office Properties Trust Inc)

Surrender of the Leased Premises. Upon On the expiry or earlier termination of the Term, the Tenant will peaceably surrender the Leased Premises to the Landlord in the condition in which the Leased Premises are required to be maintained and repaired by the Tenant hereunder, subject only to reasonable wear and tear which does not affect the operation or use of the Leased Premises including the Building and all of its systems (including without limitation, any modular demising wall systems that are installed in the Leased Premises (which may be replaced from time to time by the Tenant) will remain in place at the end of the Term), will deliver all the keys for the Building to the Landlord at the place then fixed for the payment of Rent and will inform the Landlord of all combinations of locks, safes and vaults, if any, in the Leased Premises and will comply with all of its obligations as referred to in Section 11.5 hereof. This obligation survives the expiration of the Term or earlier termination of this Lease. If at the expiry or early termination of the Term, the Tenant shalldoes not remove its Trade Fixtures or any of its other property on the Leased Premises, the Landlord shall have no obligation in respect thereof and may sell or destroy the same or have them removed or stored at its sole cost and expensethe expense of the Tenant; at the option of the Landlord, immediately (a) such Trade Fixtures or property shall become the absolute property of the Landlord without any compensation to the Tenant. In the event that Tenant fails to surrender the Leased Premises to in the condition above referred to, then all costs and expenses of the Landlord in broom-clean condition rectifying such default, including without limitation, lost Rent during any period of rectification, reasonable administrative fees and interest on amounts payable, in good orderaccordance with Section 4.2 (d) shall be payable by the Tenant, condition and repairwithout deduction, subject to normal wear and tear and casualtyabatement, (b) remove from the Leased Premises discount for betterment or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) repair any damage caused by any such removal and restore the Leased Premises to the condition existing upon the commencement date of the Existing Lease (as defined in Section 17.02 below), reasonable wear and tear excepted. All of Tenant's Property that is not removed within ten (10) business days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property at Tenant's cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration tear, set off or any earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Buildingotherwise.

Appears in 1 contract

Sources: Industrial Lease (Dirtt Environmental Solutions LTD)

Surrender of the Leased Premises. Upon surrender of the Leased Premises for any reason, including termination, abandonment, expiration or earlier termination of this Leasebreach by Lessor, Tenant shallLessee, at its sole cost and expense, immediately expense (aexcept as otherwise expressly provided herein) surrender the Leased Premises to Landlord in broom-clean condition and in good order, condition and repair, subject to normal wear and tear and casualty, (b) shall remove from the Leased Premises or where located (i) TenantLessee's Property (as defined in Section 8.01 below)Property, (ii) except for such Alterations that Lessor has agreed that may at Lessee's election, be surrendered. Lessee will use all data reasonable efforts to avoid causing damage to the surrounding structure and communications equipmentto minimize disruption of Lessor's operations. Subject to Articles 10 and 11, wiring and cabling (including above ceilingLessee, below raised floors and behind walls)at its expense, and (iii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) will promptly repair any damage to the Leased Premises caused by any such removal of Lessee's property and Alterations therefrom and restore the Leased Premises substantially to the same condition existing upon as at the commencement date of the Existing Lease (without such equipment as defined in Section 17.02 belowLessee is removing), reasonable wear and tear and Alterations that Lessor states in writing may be surrendered at the termination of the Lease excepted. All Lessor's acceptance of Tenantany surrender of the Leased Premises by Lessee shall not be deemed to constitute a waiver by Lessor of any default by Lessee. Any of Lessee's Property that is not removed within ten after surrender shall become the property of Lessor. Upon such surrender, Lessee shall not allow or cause any environmental, health, or safety permits or authorizations relating to Lessee's use or occupancy of the Leased Premises to expire, terminate, or lapse for a period of sixty (10) business days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property at Tenant's cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (3060) days after its receipt of same advising Tenant such surrender and shall, at Lessor's request, execute such documentation as may be necessary or desirable to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior transfer any such permits or authorizations to the vacation by Tenant of the Building, Lessor or (ii) Tenant may leave all wiring and cabling in the BuildingLessor's designee.

Appears in 1 contract

Sources: Asset Purchase Agreement (Triquint Semiconductor Inc)

Surrender of the Leased Premises. Upon On the expiration last day of this Lease, or upon the earlier termination of this Lease, Tenant shallLessee shall peaceably and quietly leave, at its sole cost and expensesurrender to Lessor, immediately (a) the Leased Premises, free of all liens, encumbrances or other claims, in good order and repair and in the same condition as when delivered to Lessee except for normal wear and tear. Prior to the surrender of the Leased Premises to Landlord Lessor, Lessee, at its own expense, shall remove all liens and other encumbrances that have resulted from the acts or omissions of Lessee. If Lessee fails to surrender possession of the Leased Premises upon termination of this Lease, Lessee shall remain subject to all of the covenants and obligations of this Lease, except Lessee consents to pay liquidated damages in brooman amount equal to one and one-clean condition and half (11/2) times the Rent (determined on a daily basis, considering a month of 30 days) for each day until possession of the Leased Premises is surrendered to the Lessor, broom clean, trash free, in good order, condition order and repair, subject and in the same condition as when delivered to Lessor, except for normal wear and tear and casualty, (b) remove from insured casualty damage. No holding over by Lessee shall be construed to extend the term of this Lease or any of Lessee's rights hereunder. Any holding over by Lessee after the expiration of the Lease Term shall not constitute a renewal of the Lease or give Lessee any rights under the Lease in or to the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) repair any damage caused by any such removal and restore the Leased Premises to the condition existing upon the commencement date of the Existing Lease (as defined in Section 17.02 below), reasonable wear and tear exceptedPremises. All of Tenant's Property that is not removed within ten (10) business days following Landlord's written demand therefor There shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property at Tenant's cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination no renewal of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire by operation of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Buildinglaw.

Appears in 1 contract

Sources: Lease Agreement (Startek Inc)

Surrender of the Leased Premises. Upon Immediately prior to the expiration or upon the earlier termination of this Lease, Tenant shall remove all Tenant's Trade Fixtures and other personal property (unless the same are subject to a lien of Landlord and Landlord elects to have such property remain), repair all damage caused by the installation and removal of such property, and vacate and surrender the Leased Premises to Landlord immediately upon expiration or the earlier termination in the same condition as existed at the Commencement Date, reasonable wear tear excepted (however reasonable wear tear excepted shall not include wear and tear that would have been avoided by first class maintenance practices), with (a) all interior walls cleaned, (b) all interior painted surfaces to be repainted in the original color if such painted surfaces have been damaged and repaired as a result of Tenant’s removal of Tenant’s Trade Fixtures and other personal property or if Tenant has repainted such surfaces or the entire Premises in a color unacceptable to Landlord, (c) all holes in walls and floors repaired, (d) all carpets shampooed and cleaned, (e) all HVAC equipment in good operating order and repair, and (f) all floors cleaned; all to the reasonable satisfaction of Landlord. If Landlord so requests, either before or after the expiration or earlier termination of this Lease, Tenant shallshall prior to the expiration or earlier termination of this Lease or within ten (10) days of Landlord's request, at its sole cost and expense, immediately whichever is later: (a) surrender the Leased Premises to Landlord in broom-clean condition and in good order, condition and repair, subject to normal wear and tear and casualtyremove any Leasehold Improvements designated by Landlord, (b) remove from the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) repair all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested damage caused by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock)such removal, and (c) repair any damage caused by any such removal and restore the Leased Premises to the condition existing upon prior to the commencement date time such removed Leasehold Improvements were initially installed. In the alternative, Landlord may elect that Tenant pay to Landlord the amount to so restore the Leased Premises to the condition required by Landlord hereunder. Landlord may hire independent contractors to inspect any systems for which Tenant was responsible for the purpose of determining whether they have been properly maintained by Tenant, and Tenant shall pay the Existing Lease (as defined in Section 17.02 below), reasonable wear and tear excepted. All of Tenant's Property that is not removed cost thereof within ten (10) business days following after receipt of a statement therefor from Landlord's written demand therefor shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property . If the Leased Premises are not so surrendered at Tenant's cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything , Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the contrary contained hereinrequired condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant may submit a written request shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord no later than ninety (90) days prior due to the date upon which this Lease is set lost opportunities to expire of its desire lease to leave its wiring and cabling in the Buildingsucceeding tenants. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense Any personal property of Tenant prior to or any other person left on the vacation by Leased Premises after Tenant of the Buildinghas abandoned, vacated, or (ii) Tenant surrendered the Leased Premises shall be deemed to be abandoned and Landlord may leave all wiring and cabling dispose of such property in accordance with the Buildingprovisions of California Civil Code Sections 1980 et seq., or any successor statute.

Appears in 1 contract

Sources: Lease Agreement (Knightscope, Inc.)

Surrender of the Leased Premises. Upon Immediately prior to the expiration or upon the earlier termination of this Lease, Tenant shall remove all Tenant’s Trade Fixtures and other personal property, repair all damage caused by the installation and removal of such property, and vacate and surrender the Leased Premises to Landlord immediately upon expiration or the earlier termination in the condition that Tenant is required to maintain the Leased Premises under this Lease and in substantially the same condition as existed upon the completion of the initial Tenant Improvements and Tenant Improvements, reasonable wear tear excepted (however, reasonable wear tear excepted shall not include wear and tear that would have been avoided by reasonably appropriate maintenance practices). Subject to the terms of Section 5.2 above, if Landlord so requests, either before or after the expiration or earlier termination of this Lease, Tenant shallshall prior to the expiration or earlier termination of this Lease, at its sole cost and expenseor within thirty (30) days of Landlord’s request, immediately whichever is later: (a) surrender remove any Leasehold Improvements designated by Landlord (other than the Leased Premises to Landlord in broom-clean condition and in good order, condition and repair, subject to normal wear and tear and casualtyinitial Tenant Improvements and/or any Cosmetic Improvements), (b) remove from the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) repair all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested damage caused by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock)such removal, and (c) repair any damage caused by any such removal and restore the Leased Premises to the condition existing upon prior to the commencement date of the Existing Lease (as defined in Section 17.02 below)time such removed Leasehold Improvements were initially installed, reasonable wear and tear excepted. All Landlord may hire independent contractors to inspect any systems for which ▇▇▇▇▇▇ was responsible for the purpose of Tenant's Property that is not removed within ten (10) business days following Landlord's written demand therefor shall be conclusively deemed to determining whether they have been abandoned properly maintained by Tenant, and Landlord Tenant shall be entitled to dispose of such property at Tenant's pay the reasonable cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant thereof within thirty (30) days after its receipt of same advising a statement therefor from Landlord if it is determined that Tenant failed to maintain the Leased Premises as to whether (i) Tenant must remove all wiring and cabling from required by this Lease. If the Building Leased Premises are not so surrendered at the expense expiration or earlier termination of this Lease, Tenant shall be liable to Landlord for all reasonable out- of-pocket costs incurred by Landlord in returning the Leased Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Any personal property of Tenant prior to or any other person left on the vacation by Tenant of the BuildingLeased Premises after ▇▇▇▇▇▇ has abandoned, vacated, or (ii) Tenant surrendered the Leased Premises shall be deemed to be abandoned and Landlord may leave all wiring and cabling dispose of such property in accordance with the Buildingprovisions of California Civil Code Sections 1980 et seq., or any successor statute.

Appears in 1 contract

Sources: Sublease Agreement (Sumo Logic, Inc.)

Surrender of the Leased Premises. Upon the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, shall immediately (a) surrender the Leased Premises to Landlord in broom-clean condition and condition, in good order, condition and repair, subject to normal ordinary wear and tear and casualtycasualty loss and condemnation covered by Articles 9 and 10 excepted, (b) and in accordance with the surrender conditions listed on the Exhibit D attached hereto. Tenant shall also remove from the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below)its personal property, (ii) all data and communications equipmenttrade fixtures, wiring and cabling (including above ceiling) installed by Tenant, below raised floors and behind walls)to the extent required by law or regulation or to the extent required by Landlord in its reasonable discretion, and (iii) if requested any of Tenant’s alterations approved by Landlord and designated for such removal by Landlord at the time of Landlord, ’s approval or any other of Tenant’s alterations required to not approved by Landlord which Landlord may require in its reasonable discretion be removed pursuant to Section 7.03 below and the manufacturing area (which removed. Tenant shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) promptly repair any damage caused by any such removal removal, and restore the Leased Premises to the condition existing upon prior to the commencement date installation of the Existing Lease (as defined in Section 17.02 below)such items, reasonable ordinary wear and tear and casualty loss and condemnation covered by Articles 9 and 10 excepted. All Unless otherwise agreed in writing by Landlord, at Landlord’s option, Tenant shall be required to remove any unique Tenant Improvements installed as a result of Tenant's Property that ’s specific use of the Leased Premises. If Tenant fails to do so, Landlord may restore the Leased Premises to such condition at Tenant’s expense, Landlord may cause all of said property to be removed at Tenant’s expense, and Tenant hereby agrees to pay all the costs and expenses thereby reasonably incurred. Unless otherwise agreed in writing by Landlord, all Tenant property which is not removed within ten (10) business days following Landlord's ’s written demand therefor shall be conclusively deemed to have been abandoned by Tenant, and Landlord shall be entitled to dispose of such property at Tenant's ’s cost without thereby incurring any liability to Tenant. This Notwithstanding anything in this Lease to the contrary, Landlord agrees that Tenant shall not be required to remove any of the Tenant Improvements constructed by Landlord pursuant to Section 2.02 of this Lease unless otherwise noted on the Plans and Specifications. The provisions of this Section 2.03 shall survive the expiration or any earlier other termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Building.

Appears in 1 contract

Sources: Industrial Lease Agreement (Cellstar Corp)

Surrender of the Leased Premises. Upon (a) Immediately prior to the expiration of the Lease Term, or upon the earlier termination of this Lease, Tenant shall remove all Trade Fixtures (except surveillance cameras exterior to the buildings which shall remain with the Leased Premises) and repair any damage caused by such removal and vacate and surrender the Leased Premises to Landlord in the condition required by the terms of this Lease. Without limiting the generality of the foregoing, Tenant shall surrender the Leased Premises (normal wear and tear excepted), in broom clean condition, with all interior walls cleaned, all trash, waste, and debris removed, all carpets cleaned, all HVAC equipment within the Leased Premises in operating order and in good repair, and all floors cleaned, all to the reasonable satisfaction of Landlord. In the event there has been an event of damage or destruction governed by Article XI, or Condemnation affecting the Leased Premises, and Tenant has been complying with its obligations to repair and restore pursuant to Articles XI and XII thereof and is not otherwise in default under this Lease, Tenant may surrender the Leased Premises to Landlord without completion of such repair or restoration, and shall have no further obligations with respect thereto provided that Tenant, upon the termination of the Lease Term, relinquishes any rights to and assigns to Landlord all of Tenant's interest, if any, in insurance proceeds and pays to Landlord the amount of any insurance deductible to the extent such deductible amount has not already been expended on such repair or restoration, or any portion of an Award to which it is otherwise entitled under Article XII to the extent that it has not already been expended on such repairs or restoration. If Landlord so requests, Tenant shall, at its sole cost and prior to the expiration or earlier termination of this Lease, Tenant shall, at its sole cost remove any Leasehold Improvements not constructed or installed in compliance with Paragraph 5.1 or Paragraph 6.2 and expense, immediately (a) surrender repair all damage caused by such removal. If the Leased Premises are not so surrendered at the termination of this Lease, Tenant shall be liable to Landlord for all costs LOT C incurred by Landlord in broom-clean condition and in good order, condition and repair, subject to normal wear and tear and casualty, (b) remove from the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) repair any damage caused by any such removal and restore returning the Leased Premises to the condition existing upon required condition, plus interest, from the commencement date of demand for payment of such costs to the Existing date paid, on all costs incurred at the rate of Prime plus six percent (6%) per annum, but in no event less than thirteen and one half percent (13.5%) per annum. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants. (b) Upon expiration or earlier termination of the Lease Term, Tenant shall (i) remove so much or all of the raised flooring and cabling, except that portion installed over depressed slab, and so much or all of the UPS system and Halon systems, as defined may be requested by Landlord; (ii) deliver to Landlord the following documents or records - all computer CAD plans, building plans and specifications and repair and maintenance files; and (iii) have roof repatched and warranted by a professional roofer acceptable to Landlord in Section 17.02 below), reasonable wear and tear excepted. All all areas where the roof is violated or otherwise affected by the removal of Tenant's Property that is not removed within ten (10) business days following Landlord's written demand therefor property from any roof. Tenant shall clean such area after removal. All such removal and cleaning shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property at Tenant's sole cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Buildingexpense.

Appears in 1 contract

Sources: Lease Agreement (Corporate Office Properties Trust Inc)

Surrender of the Leased Premises. Upon Immediately prior to the expiration or earlier upon the sooner termination of this Lease, Tenant shall, at its sole cost shall remove all Tenant's Trade Fixtures and expense, immediately (a) other personal property and vacate and surrender the Leased Premises to Landlord in broom-clean the same condition and in good order, condition and repair, subject to normal wear and tear and casualty, (b) remove from as existed at the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) repair any damage caused by any such removal and restore the Leased Premises to the condition existing upon the commencement date of the Existing Lease (as defined in Section 17.02 below)Rent Commencement Date, reasonable wear and tear excepted, all HVAC equipment within the Leased Premises, if any, installed by Tenant in operating order and in good repair, and all floors cleaned, all to the reasonable satisfaction of Landlord. All of Landlord may, at Tenant's Property that is not removed expense, hire independent contractors to inspect any HVAC system serving the Leased Premises installed by Tenant or electrical system within the Leased Premises installed by Tenant for the purpose of determining whether they have been properly maintained by Tenant, and Tenant shall pay the cost thereof within ten (10) business days following after receipt of a statement therefore from Landlord's written demand therefor shall be conclusively deemed . Upon request by Landlord, Tenant shall, prior to have been abandoned and Landlord shall be entitled to dispose of such property at Tenant's cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier sooner termination of this Lease, remove Tenant's Leasehold Improvements designated by Landlord and repair all damage caused by such removal. Notwithstanding anything If the Leased Premises are not so surrendered at the termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the contrary contained hereinrequired condition, plus interest on all costs incurred at the maximum applicable rate permitted by Law, but in no event higher than the prime interest rate charged by -44- 52 Bank of America. Tenant may submit a written request shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord no later than ninety (90) days prior due to the date upon which this Lease is set lost opportunities to expire of its desire lease to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Buildingsucceeding tenants.

Appears in 1 contract

Sources: Lease Agreement (Bam Entertainment Inc)

Surrender of the Leased Premises. Upon the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, shall immediately (a) surrender the Leased Premises to Landlord in broom-clean condition and in good order, condition and repair, subject to normal reasonable wear and tear and casualty, (b) remove from tear. Prior to the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal expiration of the lift Lease Term or within ten (10) days following the earlier termination of this Lease, Tenant shall also remove its personal property and the Generators (as defined in Section 17.09 below) and restoration of loading dock)trade fixtures, and (c) promptly repair any damage caused by any such removal removal, and restore the Leased Premises to the condition existing upon prior to the commencement date installation of such items. At the Existing Lease (as defined time that Tenant surrenders the Leased Premises to Landlord, all systems serving the Leased Premises, including, without limitation, electrical, plumbing, heating, ventilation and air conditioning, shall be in Section 17.02 below)good working order, subject to reasonable wear and tear exceptedtear. Notwithstanding the foregoing, Landlord acknowledges and agrees that Tenant's racking will be anchored to the concrete slab of the Building and that, upon Tenant vacating the Leased Premises, these anchors will be cut flush with the slab and neither removed nor filled. If Tenant fails to perform any of the obligations set forth in this Section 2.03, Landlord may cause all of said property to be removed and restore the Leased Premises to its required condition and Tenant hereby agrees to pay all the costs and expenses incurred by Landlord in connection therewith immediately upon demand therefor. All of Tenant's Property that Tenant property which is not removed within ten (10) business days following Landlord's written demand therefor the expiration or earlier termination of the Lease Tenn shall be conclusively deemed to have been abandoned by Tenant, and Landlord shall be entitled to dispose of such property at Tenant's cost without thereby incurring any liability to Tenant. This Section 2.03 The provisions of this section shall survive the expiration or any earlier other termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Building.

Appears in 1 contract

Sources: Industrial Net Lease Agreement (Systemax Inc)

Surrender of the Leased Premises. Upon the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, immediately (a) surrender the Leased Premises to Landlord in broom-clean condition and in good order, condition and repair, subject to normal wear and tear and casualty, (b) remove from the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls)) installed by or on behalf of Tenant, and (iii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and (excluding the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dockinitial Tenant Improvements; provided, however, that any commercial grade kitchen must be removed), and (c) repair any damage caused by any such removal and restore the Leased Premises to the condition existing upon the commencement date Commencement Date, reasonable wear and tear, damage by casualty or condemnation, and repairs and maintenance that are the responsibility of Landlord as expressly set forth in this Lease excepted. Landlord shall notify Tenant at the time of the Existing Lease approval of the CD's (as defined in Section 17.02 below)Exhibit B hereto) whether Landlord considers any portion of the Tenant Improvements to be a "commercial grade kitchen", reasonable wear and tear exceptedif Landlord considers such improvements to include a commercial grade kitchen, Tenant may adjust the CD's to modify the improvements. All of Tenant's Property that is not removed within ten (10) business days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property at Tenant's cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Building.

Appears in 1 contract

Sources: Office Lease (Channeladvisor Corp)

Surrender of the Leased Premises. Upon Immediately prior to the expiration or upon the earlier termination of this Lease, Tenant shall remove all Tenant's Trade Fixtures and other personal property (unless the same are subject to a lien of Landlord and Landlord elects to have such property remain), repair all damage caused by the installation and removal of such property, and vacate and surrender the Leased Premises to Landlord immediately upon expiration or the earlier termination in the same condition as existed at the Commencement Date, reasonable wear tear excepted (however reasonable wear tear excepted shall not include wear and tear that would have been avoided by first class maintenance practices), with (a) all interior walls cleaned, (b) all interior painted surfaces to be repainted in the original color if such painted surfaces have been damaged and repaired as a result of Tenant's removal of Tenant's Trade Fixtures and other personal property or if Tenant has repainted such surfaces or the entire Premises in a color unacceptable to Landlord, (c) all holes in walls and floors repaired, (d) all carpets shampooed and cleaned, (e) all HVAC equipment in good operating order and repair, and (f) all floors cleaned; all to the reasonable satisfaction of Landlord. If Landlord so requests, either before or after the expiration or earlier termination of this Lease, Tenant shallshall prior to the expiration or earlier termination of this Lease or within ten (10) days of Landlord's request, at its sole cost and expense, immediately whichever is later: (a) surrender the Leased Premises to Landlord in broom-clean condition and in good order, condition and repair, subject to normal wear and tear and casualtyremove any Leasehold Improvements designated by Landlord, (b) remove from the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) repair all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested damage caused by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock)such removal, and (c) repair any damage caused by any such removal and restore the Leased Premises to the condition existing upon prior to the commencement date time such removed Leasehold Improvements were initially installed. In the alternative, Landlord may elect that Tenant pay to Landlord the amount to so restore the Leased Premises to the condition required by Landlord hereunder. Landlord may hire independent contractors to inspect any systems for which Tenant was responsible for the purpose of determining whether they have been properly maintained by Tenant, and Tenant shall pay the Existing Lease (as defined in Section 17.02 below), reasonable wear and tear excepted. All of Tenant's Property that is not removed cost thereof within ten (10) business days following after receipt of a statement therefor from Landlord's written demand therefor shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property . If the Leased Premises are not so surrendered at Tenant's cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything , Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the contrary contained hereinrequired condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant may submit a written request shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord no later than ninety (90) days prior due to the date upon which this Lease is set lost opportunities to expire of its desire lease to leave its wiring and cabling in the Buildingsucceeding tenants. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense Any personal property of Tenant prior to or any other person left on the vacation by Leased Premises after Tenant of the Buildinghas abandoned, vacated, or (ii) Tenant surrendered the Leased Premises shall be deemed to be abandoned and Landlord may leave all wiring and cabling dispose of such property in accordance with the Buildingprovisions of California Civil Code Sections 1980 et seq., or any successor statute.

Appears in 1 contract

Sources: Lease Agreement (Knightscope, Inc.)

Surrender of the Leased Premises. Upon (a) Immediately prior to the expiration of the Lease Term, or upon the earlier termination of this Lease, Tenant shall remove all Trade Fixtures (except surveillance cameras exterior to the buildings which shall remain with the Leased Premises) and repair any damage caused by such removal and vacate and surrender the Leased Premises to Landlord in the condition required by the terms of this Lease. Without limiting the generality of the foregoing, Tenant shall surrender the Leased Premises (normal wear and tear excepted), in broom clean condition, with all interior walls cleaned, all trash, waste, and debris removed, all carpets cleaned, all HVAC equipment within the Leased Premises in operating order and in good repair, and all floors cleaned, all to the reasonable satisfaction of Landlord. In the event there has been an event of damage or destruction governed by Article XI, or Condemnation affecting the Leased Premises, and Tenant has been complying with its obligations to repair and restore pursuant to Articles XI and XII thereof and is not otherwise in default under this Lease, Tenant may surrender the Leased Premises to Landlord without completion of such repair or restoration, and shall have no further obligations with respect thereto provided that Tenant, upon the termination of the Lease Term, relinquishes any rights to and assigns to Landlord all of Tenant's interest, if any, in insurance proceeds and pays to Landlord the amount of any insurance deductible to the extent such deductible amount has not already been expended on such repair or restoration, or any portion of an Award to which it is otherwise entitled under Article XII to the extent that it has not already been expended on such repairs or restoration. If Landlord so requests, Tenant shall, at its sole cost and prior to the expiration or earlier termination of this Lease, Tenant shall, at its sole cost remove any Leasehold Improvements not constructed or installed in compliance with Paragraph 5.1 or Paragraph 6.2 and expense, immediately (a) surrender repair all damage caused by such removal. If the Leased Premises are not so surrendered at the termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in broom-clean condition and in good order, condition and repair, subject to normal wear and tear and casualty, (b) remove from the Leased Premises or where located (i) Tenant's Property (as defined in Section 8.01 below), (ii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), and (iii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) repair any damage caused by any such removal and restore returning the Leased Premises to the condition existing upon required condition, plus interest, from the commencement date of demand for payment of such costs to the Existing date paid, on all costs incurred at the rate of Prime plus six percent (6%) per annum, but in no event less than thirteen and one half percent (13.5%) per annum. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants. LOT B (b) Upon expiration or earlier termination of the Lease Term, Tenant shall (i) remove so much or all of the raised flooring and cabling, except that portion installed over depressed slab, and so much or all of the UPS system and Halon systems, as defined may be requested by Landlord; (ii) deliver to Landlord the following documents or records - all computer CAD plans, building plans and specifications and repair and maintenance files; and (iii) have roof repatched and warranted by a professional roofer acceptable to Landlord in Section 17.02 below), reasonable wear and tear excepted. All all areas where the roof is violated or otherwise affected by the removal of Tenant's Property that is not removed within ten (10) business days following Landlord's written demand therefor property from any roof. Tenant shall clean such area after removal. All such removal and cleaning shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property at Tenant's sole cost without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Buildingexpense.

Appears in 1 contract

Sources: Lease Agreement (Corporate Office Properties Trust Inc)

Surrender of the Leased Premises. Upon the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, immediately (a) surrender the Leased Premises to Landlord in broom-clean condition and in reasonably good order, condition and repair, subject to normal wear including, without limitation, satisfaction of the move-out conditions on the checklist attached hereto as Exhibit D and tear and casualtymade a part hereof, (b) remove from the Leased Premises or where located located (i) Tenant's ’s Property (as defined in Section 8.01 below), (ii) all fixtures installed by Tenant which Landlord indicates, in Landlord’s sole discretion, may be required to be removed in connection with Landlord’s approval of the installation of such fixture (unless Landlord provides, at least 300 days prior to the expiration of the Lease Term, written notice to Tenant detailing such fixtures (or portion thereof) not requiring removal by Tenant, in which case Tenant shall not be required to remove such portion of such fixtures specifically described in such notice as not requiring removal by Tenant), (iii) all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls), (iv) any striping applied to the floors of the Leased Premises, (v) all improvements which Landlord indicates, in Landlord’s sole discretion, may be required to be removed in connection with Landlord’s approval of the installation of such improvements (unless Landlord provides, at least 300 days prior to the expiration of the Lease Term, written notice to Tenant detailing such improvements (or portion thereof) not requiring removal by Tenant, in which case Tenant shall not be required to remove such portion of such improvements specifically described in such notice as not requiring removal by Tenant), (vi) any alterations made by or behalf of Tenant without Landlord’s prior written consent (unless Landlord provides, at least 300 days prior to the expiration of the Lease Term, written notice to Tenant detailing such alterations (or portion thereof) that do not need to be removed, in which case Tenant shall not be required to remove such portion of such alterations specifically described in such notice as not requiring removal by Tenant), and (iiivii) if requested by Landlord, any alterations required to be removed pursuant to Section 7.03 below and the manufacturing area (which shall include the removal of the lift and the Generators (as defined in Section 17.09 below) and restoration of loading dock), and (c) repair any damage caused by any such removal removal, and (d) restore the Leased Premises parking area and the truck court serving the Building to substantially the same design and condition as delivered by Landlord to Tenant, with the condition existing upon of such parking area and the commencement date of the Existing Lease (as defined in Section 17.02 below), reasonable truck court being subject to normal wear and tear exceptedtear. All Upon the expiration or earlier termination of this Lease, all of Tenant's ’s Property that is not removed within ten (10) business days following Landlord's ’s written demand therefor shall be conclusively deemed to have been abandoned and Landlord shall be entitled to dispose of such property Tenant’s Property at Tenant's cost ’s cost, without incurring any liability to Tenant. This Section 2.03 shall survive the expiration or any earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant may submit a written request to Landlord no later than ninety (90) days prior to the date upon which this Lease is set to expire of its desire to leave its wiring and cabling in the Building. Landlord shall provide a written response to any such request by Tenant within thirty (30) days after its receipt of same advising Tenant as to whether (i) Tenant must remove all wiring and cabling from the Building at the expense of Tenant prior to the vacation by Tenant of the Building, or (ii) Tenant may leave all wiring and cabling in the Building.

Appears in 1 contract

Sources: Lease Agreement (Taysha Gene Therapies, Inc.)