Common use of Surrender of the Premises Clause in Contracts

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender the Premises to Landlord in broom-clean condition. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any Tenant's Alterations which Tenant is required to remove pursuant to ¶5.2 and repair all damage caused by such removal. If the 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 Premises to the required condition. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: Lease Agreement (Hearme)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A Section 7.2, (iv) alterations or ¶7.2Bother improvements in the Premises which Tenant is permitted to surrender at the expiration or earlier termination of this Lease, and (ivv) repairs which are the initial Tenant Improvementsresponsibility of Landlord under this Lease. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to be done prior to the expiration or the sooner termination of this Lease: (i) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, reasonable wear and tear, damage caused by any peril or condemnation, and repairs which are the responsibility of Landlord under this Lease excepted; and (iii) the plumbing and electrical systems and lighting shall be placed in broom-clean conditiongood order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses), reasonable wear and tear, damage caused by any peril or condemnation, and repairs which are the responsibility of Landlord under this Lease. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 Section 5.2 and repair all damage caused by such removal, reasonable wear and tear, damage caused by any peril or condemnation, and repairs which are the responsibility of Landlord under this Lease excepted. If the 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 Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Sources: Lease (Intevac Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A §7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. §7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to Landlord be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be touched up with panet and/or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all windows shall be washed; (vi) the HVAC system shall be serviced by a reputable and licensed service firm and left in broom-clean conditiongood operating condition and repair as so certified by such firm; and (vii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 §5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant. If the 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 Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: Lease Agreement (Silicon Motion Technology CORP)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same good condition as existed at the Commencement Dateand repair, except for (ia) reasonable wear and tear, tear and (iib) damage caused by any peril casualty or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of reasonable industry standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to Landlord in broom-clean conditionbe done prior to the expiration or sooner termination of this Lease: (i) all interior walls shall be cleaned; (ii) all tiled floors shall be cleaned; and (iii) all carpets shall be cleaned. If Landlord so requestsrequests (subject to Section 8.2.C and, with respect to Tenant’s Work, subject to Section 7 of the Work Letter attached to the Lease as Exhibit C), Tenant shall, prior to the expiration or sooner termination of this Lease, remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 Section 8.2 and repair all damage caused by such removal. If the 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 Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify indemnify, defend, protect and hold harmless Landlord against loss loss, costs, claims, damage or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims resulting from such delay made by any succeeding tenant or, if such holdover extends beyond forty-five (45) days after the expiration or sooner termination of this Lease, losses to Landlord due to lost opportunities to lease to succeeding tenantstenants resulting from such delay (subject to Landlord’s obligation, if any, to mitigate damages under Law).

Appears in 1 contract

Sources: Lease Agreement (Jive Software, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A Section 7.2A or ¶7.2BSection 7.2B, and (iv) Tenant’s Alterations that may be surrendered upon expiration of the initial Tenant ImprovementsLease Term. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to Landlord be done prior to the expiration or the sooner termination of this Lease: (i) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in broom-clean conditiongood operating condition and repair, reasonable wear and tear, as so certified by such firm; and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses) reasonable wear and tear. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, reasonable wear and tear and damage caused by a peril excepted. If the Premises are not so surrendered at the termination of this Lease, Tenant shall continue to be responsible for the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Concentric Medical Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at on the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril casualty not caused by Tenant or ▇▇▇▇▇▇’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A Section 7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to Landlord in broombe done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be cleaned so that they appear freshly painted but subject to reasonable wear and tear; (ii) all non-clean conditioncarpeted floor coverings shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; and (v) all interior windows shall be washed. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, subject to reasonable wear and tear. If the Premises are not so surrendered at upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant ▇▇▇▇▇▇ in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: NNN Office Lease (Tigo Energy, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this LeaseLease and provided ▇▇▇▇▇▇ has fully complied with the provisions of Section 7.2.5 (and other applicable sections), Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at on the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, and (iv) the initial Tenant ImprovementsArticle 7. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender the Premises to Landlord in broom-clean condition. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (y) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 Section 5.2 and repair all damage caused by such removal, and (z) except for any Tenant’s Alterations that Tenant is not required to remove, return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant. If the Premises are not so surrendered at upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant ▇▇▇▇▇▇ in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: Industrial Space Lease (Neophotonics Corp)

Surrender of the Premises. (a) Upon expiration of the expiration Term, or sooner any earlier termination of this Lease, Tenant shall vacate remove all Personal Property, shall comply with the provisions of sections 6.5(e)(vii) and 6.5(e)(viii), and surrender the Premises to Landlord, free and clear of all liens, encumbrances or exceptions to title other than the exceptions to title as of the Effective Date and such other exceptions to title created or approved by Landlord during the Term, which approval shall not be unreasonably withheld or delayed. The buildings and other improvements then-existing on the Premises shall be broom - clean and in reasonably good operating condition taking into account the same condition as existed at age and nature thereof, ordinary wear and tear excepted; provided, however, Tenant shall not be obligated to repair or restore any damage or destruction, or to restore the Improvements in connection with a Taking, unless required by the provisions of ARTICLE 15 or ARTICLE 16, respectively. Tenant shall promptly deliver to Landlord reasonably satisfactory evidence of ▇▇▇▇▇▇'s then - current book value of any new improvements Tenant constructs on, to or within the Premises following the Commencement Date, except for including the Education Facility. (ib) reasonable wear and tearNotwithstanding the provisions of section 3.9 or the foregoing provisions of this section 3.10, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, and (iv) if this Lease terminates before the initial Tenant Improvements. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any eventExpiration Date, Tenant shall nevertheless surrender possession of the Premises to Landlord in broom-clean conditionLandlord, but the Parties shall execute a license granting Tenant a period of ninety (90) days thereafter to remove its Personal Property, to comply with the provisions of sections 6.5(e)(vii) and 6.5(c)(viii). If Landlord so requestsand to comply with its other obligations pursuant to this section 3.10 and its obligations pursuant to section 3.11; provided, however, if Tenant requires more than such ninety (90) day period to comply with the provisions of sections 6.5(e)(vii) and 6.5(e)(viii), Tenant shallshall have such reasonable period of time as is necessary to comply with such sections as long as Tenant commences such work with due diligence and dispatch within such ninety (90) day period and, prior having so commenced, thereafter prosecutes with diligence and dispatch and completes such work. During the term of any such license, Tenant shall pay to Landlord rent for Tenant's continued access to the expiration Premises, such rent to be determined based upon the extent to which ▇▇▇▇▇▇'s continued access to and activities on the Premises preclude Landlord from the use of the Premises or sooner portions thereof. (c) The provisions of this section 3.10 shall survive any termination of this Lease, remove any Tenant's Alterations which Tenant is required to remove pursuant to ¶5.2 and repair all damage caused by such removal. If the 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 Premises to the required condition. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: Adaptive Reuse Lease

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at on the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A Section 7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to Landlord in broombe done prior to the expiration or the sooner termination of this Lease: (a) all interior walls shall be painted or cleaned so that they appear freshly painted; (b) all non-clean conditioncarpeted floor coverings shall be cleaned and waxed; (c) all carpets shall be cleaned and shampooed; (d) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; and (e) all windows shall be washed. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (1) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 Section 5.2 and repair all damage caused by such removal, and (2) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant. If the Premises are not so surrendered at upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: Gross Lease (Alphasmart Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A Section 7.2A or ¶7.2BSection 7.2B, (iv) any alterations existing in the Premises on the Commencement Date, and (ivv) the initial any other alterations which Tenant Improvementsis not required to remove. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of the reasonable standards for maintenance, repair and janitorial practicespractices required hereunder, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender the Premises to Landlord in broom-clean condition. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 Section 5.2 and repair all damage caused by such removal. If the Premises are not so surrendered at the termination of this Lease, removal Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, reasonable actual attorneys’ fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Nassda Corp)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A Section 7.2A or ¶7.2B, Section 7.2B and (iv) the initial Tenant Improvementsalterations not required to be removed hereunder. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of the commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to Landlord be done prior to the expiration or the sooner termination of this Lease: (i) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (ii) all interior and exterior windows shall be washed; (iii) the HVAC system shall be serviced by a reputable and licensed service firm and left in broom-clean conditiongood operating condition and repair as so certified by such firm; and (iv) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to the condition existing prior to the construction of such Tenant’s Alterations. If the Premises are not so surrendered at the termination of this Lease, Tenant shall continue to be responsible for the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantstenants and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Sources: Lease (Barracuda Networks Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A §7.2A or ¶7.2B, and §7.2B; (iv) the initial Tenant ImprovementsImprovements or Tenant’s Alterations which Tenant elects not to remove or which Tenant is not allowed to remove, pursuant to §5.2 above; and (v) removal of Tenant Improvements which Tenant is required to remove for any reasons set forth herein. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to Landlord be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned where damaged; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all windows shall be washed; (vi) the HVAC system shall be serviced by a reputable and licensed service firm and left in broom-clean conditiongood operating condition and repair as so certified by such firm, ; and (vii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses), reasonable wear and tear excepted. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, Lease remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 §5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant, except with regard to the original Tenant Improvements, which may remain. If the 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 Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: Lease Agreement (Genesis Microchip Inc /De)

Surrender of the Premises. Upon the expiration or sooner earlier termination of this Lease, Tenant shall vacate and immediately surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender the Leased Premises to Landlord in broom-clean condition. If Landlord so requestscondition and in the same condition and repair as when received, Tenant shallreasonable wear and tear, prior to the expiration acts of God, casualties, condemnation, Hazardous Substances (other than those released or sooner termination of this Lease, remove any emitted by Tenant's Alterations ) and alterations and improvements which Tenant is not required to remove pursuant to ¶5.2 and repair all damage caused by such removal. If the Premises are not so surrendered at the termination of this Lease, excepted. Tenant shall be liable to Landlord for all costs incurred also remove its personal property, trade fixtures and any of Tenant's alterations designated by Landlord in returning (excluding its initial wiring and cabling), promptly repair any damage caused by such removal, and restore the Leased Premises to the condition required condition. under this Section 2.03; provided, however, that Tenant shall indemnify have no obligation to remove any Tenant Improvements. If Tenant fails to do so, Landlord against loss or liability resulting from delay 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. Notwithstanding the last sentence of Section 13.02(b), all Tenant property which is not removed within ten (10) days following Landlord'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 cost in so surrendering accordance with applicable law without thereby incurring any liability to Tenant. The provisions of this section shall survive the Premises, including, without limitation, any losses to Landlord due to lost opportunities to lease to succeeding tenantsexpiration or other termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Catapult Communications Corp)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, ¶7.2B and (iv) Landlord’s negligence, willful misconduct and/or breach of the initial Tenant ImprovementsLease. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process and normal use which occurs in spite of prudent application of and the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenancemaintenance for which Tenant or its agents are responsible. In any event, Tenant shall surrender cause the Premises following to Landlord be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all windows shall be washed; (vi) the HVAC system shall be serviced by a reputable and licensed service firm and left in broom-clean conditiongood operating condition and repair as so certified by such firm; and (vii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant. made since the Commencement date which Landlord does not require to be returned to its original condition. Tenant shall have no obligation to remove the Interior Improvements constructed pursuant to Exhibit B. If the 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 Premises to the required condition, plus interest on all costs reasonably incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: Sublease Agreement (Meru Networks Inc)

Surrender of the Premises. Upon On the expiration last day of the term hereof, or on the sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear Tenant shall surrender to Landlord the Expansion Building(s), and tearthe leasehold improvements constructed or installed therein (and all alterations, additions and improvements to such leasehold improvements) in safe condition and free of debris, with all trade fixtures, personal property and equipment of Tenant removed from the Total Project, however, Tenant shall not be required by Landlord to remove any leasehold improvements constructed in the Expansion Building(s) or any alterations, additions or improvements to such leasehold improvements, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender the Premises to Landlord in broom-clean condition. If Landlord so requestsLandlord, Tenant shall, prior subject to the expiration provisions of paragraph 10 of the Improvement Agreement attached hereto as Exhibit "C", in their condition existing as of the date such Premises, or sooner termination applicable portion thereof, are delivered to Tenant, and (iii) Tenant shall also surrender to Landlord any Tenant Improvements and alterations, additions and improvements to such Tenant Improvements made by Tenant that are not required by Landlord, pursuant to the terms of this Lease, remove any to be removed by Tenant at Tenant's Alterations cost, each in their condition existing as of the date the same were constructed or installed, ordinary wear and tear and damage from casualty or condemnation excepted (unless caused by the negligence or willful misconduct of Tenant or Tenant's agents, employees or contractors), with all interior walls cleaned, and repaired or replaced, all carpets shampooed and cleaned, the air conditioning and heating equipment serviced and repaired by a reputable and licensed service firm, all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove all of Tenant's personal property and trade fixtures from the Total Project, and all property not so removed shall be deemed abandoned by Tenant. Tenant, at its sole cost, shall repair any damage to the Total Project, and any portion thereof, caused by the removal of Tenant's personal property, machinery and equipment, which Tenant is required to remove pursuant to ¶5.2 repair-shall include, without limitation, the patching and filling of holes and repair all damage caused by such removalof structural damage. If the Premises Total Project or any portion thereof are not so surrendered at the termination of this Lease, Tenant shall be liable to Landlord for all costs incurred as required by Landlord in returning the Premises to the required condition. terms of this Lease, Tenant shall indemnify and hold Landlord harmless from and against loss or liability resulting from delay by Tenant in so surrendering the PremisesExpansion Project, includingthe Expansion Building(s) (or any leasehold improvements constructed or installed therein), the Premises and/or Tenant Improvements (or alterations, additions or improvements to such Tenant Improvements) including without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: Sublease (New Focus Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. ¶7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of the reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to Landlord be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all windows shall be washed; (vi) the HVAC system shall be serviced by a reputable and licensed service firm and left in broom-clean conditiongood operating condition and repair as so certified by such firm; and (vii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant. If the 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 Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: Lease (Tegal Corp /De/)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at on the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril casualty not caused by Tenant or Tenant’s Agents or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A Section 7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. Section 7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to Landlord in broombe done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be painted or cleaned so that they appear freshly painted; (ii) all non-clean conditioncarpeted floor coverings shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; and (v) all windows shall be washed. If required pursuant to Section 5.2(C), or if Tenant has not requested a determination from Landlord with respect to such Tenant’s Alterations pursuant to Section 5.2(C), if Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant. If the Premises are not so surrendered at upon the expiration or sooner termination of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: NNN Office Lease (Aridis Pharmaceuticals, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender the Premises to Landlord in broom-clean condition. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any Tenant's Alterations which Tenant is required to remove pursuant to ¶5.2 and repair all damage caused by such removal. If the Premises are not so surrendered at the termination of this Lease, whether at the expiration of the Term or prior thereto pursuant to any provision hereof, Tenant shall be liable decommission the facilities and remove all containers of Tenant's Hazardous Materials from the Complex and remediate, to the extent required to Comply with Environmental Laws, any Tenant's Hazardous Materials on, from, or under the Premises and surrender to Landlord for the Premises in good order and repair, reasonable wear and tear and damage resulting from Landlord's acts excepted and subject to the effects of any damage, destruction or Appropriation, as to which the provisions of Article 21 shall govern, and free and clear of all costs incurred letting and occupancies other than any Permitted Subleases that pursuant to the provisions of this Lease Landlord has elected to recognize after such termination, and free and clear of all liens and encumbrances not caused by Landlord or otherwise approved in returning writing by Landlord. Upon any termination of this Lease, all Improvements (other than Tenant's Property) shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any claim or interest therein on the part of Tenant or anyone claiming under Tenant, and without payment therefor by Landlord. Upon or at any time after the Termination Date, if requested by Landlord, Tenant shall, without charge to Landlord, promptly execute, acknowledge and deliver to Landlord quitclaim deed or other document reasonably required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property of which Tenant's Premises are a part and a good and sufficient assignment to Landlord of Tenant's interest in any Permitted Subleases which Landlord has elected to recognize after the Termination Date, and in any contracts, as designated by Landlord, relating to the operation, management, maintenance or leasing of the Premises or any part thereof, to the required conditionextent assignable, and shall deliver to Landlord all such other instruments, records and documents relating to the operation, management, maintenance or leasing of the Premises or any part thereof, including but not limited to all leases, lease files, plans and specifications, records, registers, permits, and all other papers and documents which may be necessary or appropriate for the proper operation and management of the Premises. Any contracts, agreements or other obligations of Tenant shall indemnify relating to the Premises not designated by Landlord against loss or liability resulting from delay and assigned by Tenant in so surrendering to Landlord pursuant to this Article 26 shall immediately terminate and be of no further force or effect as of the PremisesTermination Date. Any of Tenant's Property that remains on the Premises later than thirty (30) days (or ninety (90) days if the termination is a result of casualty or Appropriation) after the Termination Date may, includingat the option of Landlord, be deemed to have been abandoned by Tenant and may either be retained by Landlord as its property or disposed of, without limitationaccountability, any losses to in such manner as Landlord due to lost opportunities to lease to succeeding tenantsmay determine in its sole discretion.

Appears in 1 contract

Sources: Lease Agreement (Genencor International Inc)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, Section 7.2 and (iv) the initial Tenant Improvementsrepair, maintenance or replacement tasks to be performed by Landlord hereunder. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender the Premises to Landlord in broom-clean condition. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 Section 5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant if Tenant is required to do so pursuant to Section 5.2. If the Premises are not so surrendered at the termination of this Lease, Tenant shall continue to be responsible for the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims paid to any succeeding tenant or losses to and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenantstenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Omnicell Inc /Ca/)

Surrender of the Premises. Upon the expiration or sooner earlier termination of this Lease, or upon the exercise by Landlord of its right to re-enter the Premises without terminating this Lease, Tenant shall vacate and immediately surrender the Premises to Landlord Landlord, together with all alterations, improvements and other property as provided elsewhere herein except as otherwise provided for herein, in the same broom-clean condition as existed at the Commencement Dateand in good order, condition and repair, except for (i) reasonable ordinary wear and tear, (ii) tear and damage caused by any peril or condemnation, (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant obligated to ¶7.2A or ¶7.2Brepair, and (iv) the initial Tenant Improvements. In this regard, normal wear and tear shall be construed to mean wear and tear caused to failing which Landlord may restore the Premises by use over time and by the natural aging process which occurs in spite of prudent application of maintenance, repair and janitorial practices, and does not include items of neglected to such condition at Tenant’s expense. Upon such expiration or deferred maintenance. In any eventtermination, Tenant shall surrender have the Premises right to Landlord remove its personal property (as described in broom-clean condition. If Landlord so requestsArticle 7), Tenant and shall, provided Landlord notified Tenant at the time Landlord consented to the installation of the applicable alteration that such alteration(s) would need to be removed prior to the expiration or sooner termination of this Leasetermination, remove any Tenant's Alterations which Tenant is required all alterations made to remove pursuant to ¶5.2 and repair all damage caused by such removal. If the Premises are not so surrendered at the termination by or on behalf of this Lease, Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, (including, without limitation, the work provided for in Tenant’s Initial Alterations, provided Landlord notifies Tenant of the required removal of the applicable portion of Tenant’s Initial Alterations in the letter of understanding described in 2.5 above or if Tenant performs other Alterations, as defined herein, during the Term). Any property remaining in the Premises after the expiration or termination of this Lease shall be deemed abandoned and Landlord shall have the right to remove and dispose of such property at Tenant’s sole cost and expense. Tenant shall, at its expense, promptly repair any losses damage caused by any such removal, and shall restore the Premises to Landlord due the condition existing prior to lost opportunities the installation of the items so removed, ordinary wear and tear and other damage Tenant is not obligated to lease to succeeding tenantsrepair excepted.

Appears in 1 contract

Sources: Lease Agreement (Ikaria, Inc.)

Surrender of the Premises. Upon the expiration or sooner termination of this Lease, Tenant shall vacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, except for (i) reasonable wear and tear, (ii) damage caused by any peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to ¶7.2A or ¶7.2B, and (iv) the initial Tenant Improvements. ¶7.2B. In this regard, normal wear and tear shall be construed to mean wear and tear caused to the Premises by use over time and by the natural aging process which occurs in spite of prudent application of reasonable standards for maintenance, repair and janitorial practices, and does not include items of neglected or deferred maintenance. In any event, Tenant shall surrender cause the Premises following to Landlord be done prior to the expiration or the sooner termination of this Lease: (i) all interior walls shall be cleaned so that they appear in broom-a neat and clean condition reasonable wear and tear excepted, and if cleaning is not sufficient to achieve such condition, then the walls will be painted; (ii) all tiled floors shall be cleaned and waxed; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all windows shall be washed; (vi) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair as so certified by such firm; and (vii) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of any burned out, discolored or broken light bulbs, ballasts, or lenses). If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, (i) remove any Tenant's ’s Alterations which Tenant is required to remove pursuant to ¶5.2 and repair all damage caused by such removal, and (ii) return the Premises or any part thereof to its original configuration existing as of the time the Premises were delivered to Tenant. If the 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 Premises to the required condition, plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 1 contract

Sources: Lease Agreement (Sirf Technology Holdings Inc)