Surrender of the Premises. On the last day of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their condition existing as of the Commencement Date, ordinary wear and tear excepted, with all originally painted interior walls washed and other interior walls cleaned, all damaged ceiling tiles and lighting lenses 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, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove all of Tenant's personal property and Trade Fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damage. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitations, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.
Appears in 2 contracts
Sources: Sublease Agreement (Wink Communications Inc), Sublease Agreement (Wink Communications Inc)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary normal wear and tear and fire or other casualty excepted, with all originally painted interior walls washed and other interior walls cleaned, all damaged ceiling tiles and lighting lenses replacedrepaired if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the air conditioning plumbing and heating equipment serviced electric systems and repaired by a reputable lighting in good order and licensed service firmrepair, including replacement of any burned out or broken light bulb or ballasts, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal ’s Alterations required to be removed pursuant to Paragraph 13 and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant’s Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and Trade Fixtures from all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, includingfor the purposes of this Lease, without limitationsshall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, any claims made by any succeeding tenant repair, and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or losses deferred maintenance which would have or should have been attended to Landlord due during the Term of the Lease if the best standards had been applied to lost opportunities to lease to succeeding tenantsproperly maintain and keep the Premises at all times in good condition and repair.
Appears in 2 contracts
Sources: Standard Office Lease (VirnetX Holding Corp), Standard Office Lease (Pasw Inc)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary normal wear and tear and fire or other casualty excepted, with all originally painted interior walls washed and other interior walls cleanedrepaired if damaged, all damaged broken, marred or nonconforming acoustical ceiling tiles and lighting lenses replaced, all carpets shampooed and cleanedwindows washed, the air conditioning plumbing and heating electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal property Alterations required to be removed pursuant to paragraph 13, and Trade Fixtures from all Tenant's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such Property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such Property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability liability, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, includingfor the purposes of this Lease, without limitationsshall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, any claims made by any succeeding tenant repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or losses deferred maintenance which would have or should have been attended to Landlord due during the Term of the Lease if the best standards had been applied to lost opportunities to lease to succeeding tenantsproperly maintain and keep the Premises at all times in good condition and repair.
Appears in 2 contracts
Sources: Sublease Agreement (Fogdog Inc), Lease (Ampex Corp /De/)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their the condition existing as of the Commencement Dateand repair received, ordinary normal wear and tear and condemnation, fire or other casualty, and repairs that are not Tenant’s responsibility hereunder excepted, with all originally painted interior walls washed repaired if marked or damaged, all carpets and other interior walls floors cleaned, all doors and casework repaired if damaged or marred, all broken, marred or nonconforming acoustical ceiling tiles replaced with new tiles to match existing, all windows washed, the plumbing and electrical systems and lighting lenses replacedin the order and repair received, all carpets shampooed and cleanedincluding replacement of any burned out or broken light bulbs or ballasts with bulbs or ballasts to match existing, the air conditioning and heating HVAC 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 the Tenant Improvements from the Premises, subject any Tenant’s Alterations required to the limitations on be removed pursuant to Paragraph 12, and all of Tenant's obligation to remove Alterations ’s Personal Property and restore the Premises to its prior their original condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any (normal wear and tear and condemnation, damage fire or destruction or any other condition which Tenant is casualty, and repairs that are not required to remedy under Tenant’s responsibility hereunder excepted) as shown on the construction plans for a Market Ready Interior Improvement prepared by ArcTec, Project No. 205097, dated July 10, 2020, with materials and finishes consistent with those improvements in the Premises as of the date of this Lease. If Tenant fails to remove the Tenant Improvements and any such Alterations and complete the restoration of the Premises as required herein, then Landlord may do so at Tenant’s expense and Tenant shall be liable to Landlord for any such costs of removal and restoration, together with interest at the Interest Rate from the date of expenditure by Landlord. If Tenant fails to remove all any of Tenant's personal property and Trade Fixtures from the Premises’s Personal Property, and all property not so removed shall be deemed abandoned by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damage. If the Premises are not so surrendered at such failure continues after the termination of this Lease, Landlord may either retain such property or dispose of any such property without any liability to Tenant therefor, and all rights of Tenant with respect to any such property shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitations, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenantscease.
Appears in 2 contracts
Sources: Lease Agreement (Ceribell, Inc.), Lease Agreement (Ceribell, Inc.)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Datedate of substantial completion of the Improvements, ordinary normal wear and tear and fire or other casualty excepted, with all originally painted interior walls washed and other interior walls cleanedrepaired if damaged, all damaged broken, marred or nonconforming acoustical ceiling tiles and lighting lenses replaced, all carpets shampooed and cleanedwindows washed, the air conditioning plumbing and heating electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal property and Trade Fixtures from the PremisesAlterations required to be removed pursuant to Paragraph 13, and all property not so removed shall be deemed abandoned by Tenant. Tenant's Personal Property, at its sole cost, shall and repair any damage to the Premises and perform any restoration work caused by the removal of such removal. If Tenant fails to remove such Alterations and Tenant's Trade FixturesPersonal Property, personal property, machinery and equipment, which repair shall include such failure continues after the patching and filling of holes and repair of structural damage. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Landlord may retain such Alterations and Tenant's Property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such Alterations and Tenant's Property in public storage for Tenant's account. Tenant shall indemnify be liable to Landlord against loss or liability resulting from delay by Tenant in so surrendering for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, including, without limitations, any claims made together with interest at the Interest Rate from the date of expenditure by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants.Landlord. If
Appears in 2 contracts
Sources: Build to Suit Lease (At Home Corp), Build to Suit Lease (At Home Corp)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary normal wear and tear and fire or other casualty excepted, with all originally painted interior walls washed and other interior walls cleanedrepaired if damaged, all damaged broken, marred or nonconforming acoustical ceiling tiles and lighting lenses replaced, all carpets shampooed and cleanedwindows washed, the air conditioning plumbing and heating electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord; provided, subject however, that if Landlord elects to demolish any Building or Buildings at the limitations on Tenant's obligation to remove Alterations and restore expiration of the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 Term, Tenant shall require Tenant not be required to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Leaserestore such Buildings as otherwise provided herein. Tenant shall remove from the Premises all of Tenant's personal property Alterations required to be removed pursuant to paragraph 13, and Trade Fixtures from all Tenant's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such Property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such Property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability liability, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, includingfor the purposes of this Lease, without limitationsshall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, any claims made by any succeeding tenant repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or losses deferred maintenance which would have or should have been attended to Landlord due during the Term of the Lease if the best standards had been applied to lost opportunities to lease to succeeding tenantsproperly maintain and keep the Premises at all times in good condition and repair.
Appears in 1 contract
Sources: Lease (Ampex Corp /De/)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary normal wear and tear and fire or other casualty and approved Alterations which Landlord has indicated shall remain upon the Premises upon the expiration of the Term excepted, with all originally painted interior walls washed repaired and other interior walls cleaned, all damaged ceiling tiles and lighting lenses replacedrepainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the air conditioning plumbing and heating equipment serviced electrical systems and repaired by a reputable lighting in good order and licensed service firmrepair, including replacement of any burned out or broken light bulb or ballasts, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal Alterations required to be removed pursuant to Paragraph 13 and all Tenant's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and Trade Fixtures from all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify indemnify, defend and hold Landlord and Landlord's Agents harmless against loss or liability all claims, costs and liabilities, including attorneys' fees and costs, resulting from Tenant's delay by Tenant in so surrendering the Premises, including, without limitations, 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 (Hiway Technologies Inc)
Surrender of the Premises. On the last day of the Lease Term, or on sooner ------------------------- termination of this Lease, Tenant shall surrender the Premises to Landlord in their condition existing as of the Commencement Date, ordinary wear and tear exceptedexpected, with all originally painted interior walls washed and other interior walls cleaned, all damaged ceiling tiles and lighting lenses 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, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove all of Tenant's personal property and Trade Fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damage. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitationslimitation, 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 (Pilot Network Services Inc)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary normal wear and tear and fire or other casualty excepted, with all originally painted interior walls washed and other interior walls cleanedrepaired if damaged, all damaged broken, marred or nonconforming acoustical ceiling tiles and lighting lenses replaced, all carpets shampooed and cleanedwindows washed, the air conditioning plumbing and heating electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal property Alterations required to be removed pursuant to Paragraph 13, and Trade Fixtures from all Tenant's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues after the expiration or earlier termination of this Lease, Landlord may retain such Alterations and Tenant's Personal Property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such Alterations and Tenant's Personal Property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability liability, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, includingfor the purposes of this Lease, without limitationsshall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, any claims made by any succeeding tenant repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or losses deferred maintenance which would have or should have been attended to Landlord due during the Term of the Lease if the best standards had been applied to lost opportunities to lease to succeeding tenantsproperly maintain and keep the Premises at all times in good condition and repair.
Appears in 1 contract
Surrender of the Premises. On Upon the last day of the Lease Term, expiration or on sooner earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary broom clean, normal wear and tear and acts of God excepted, with all originally painted interior walls washed and other interior walls cleaned, all damaged ceiling tiles and lighting lenses 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, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal property Alterations which Landlord requires Tenant to remove pursuant to Section 8.1 and Trade Fixtures from the Premisesall Tenant's Personal Property, and all property not so removed shall be deemed abandoned by Tenant. Tenant, at its sole cost, shall repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property which Tenant is authorized and obligated to remove pursuant to the Premises caused by above, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall pay to Landlord, upon demand, the costs of removal of any such Alterations and Tenant's Trade FixturesPersonal Property and storage and transportation costs of same, personal propertyand the cost of repairing and restoring the Premises, machinery together with attorneys' fees and equipment, which repair shall include interest on said amounts at the patching and filling Applicable Rate from the date of holes and repair of structural damageexpenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall hereby agrees to indemnify Landlord and Landlord's Group against all loss or liability resulting from any delay by Tenant in so surrendering the Premises, Premises including, without limitationsbut not limited to, any claims made by any succeeding tenant or Tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and actual attorneys' fees and costs.
Appears in 1 contract
Surrender of the Premises. On the last day of the Lease TermUpon expiration, or on sooner earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary normal wear and tear and fire or other casualty excepted, with all originally painted interior walls washed and other interior walls cleaned, all damaged ceiling tiles and lighting lenses replacedrepaired if marked or damaged, all carpets shampooed and cleaned, the air conditioning and heating HVAC equipment serviced and repaired by a reputable and licensed service firm, and all uncarpeted floors cleaned and waxed, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal Alterations required to be removed pursuant to Section 12, and repair any damage and perform any restoration work caused by such removal. If Tenant is then in default of any of its obligations to pay Rent or any other monetary sums to Landlord hereunder, Tenant shall only remove such Alterations and Tenant's Property as specified in written notice from Landlord to Tenant. If Tenant fails to remove such Alterations and Tenant's Property within ten (10) days after expiration of the Term or termination of this Lease, Landlord may retain such property and Trade Fixtures from all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitationslimitation, any claims made by any succeeding tenant or tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs.
Appears in 1 contract
Sources: Lease Agreement (Brightpoint Inc)
Surrender of the Premises. On Upon the last day of the Lease Term, expiration or on sooner earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary normal wear and tear and acts of God excepted, with all originally painted interior walls washed and other interior walls cleaned, all damaged ceiling tiles and lighting lenses replacedin good repair, all carpets shampooed and cleaned, the air conditioning HVAC equipment, plumbing, electrical and heating equipment serviced other mechanical installations in good operating order and repaired by a reputable and licensed service firm, all floors cleaned and waxed, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal property Alterations which Landlord requires Tenant to remove pursuant to Section 8.1 and Trade Fixtures from all Tenant's Personal Property and all telephone, data transmission, fiber-optic and other telecommunications cabling and related facilities installed by Tenant in the PremisesPremises and Building, and all property not so removed shall be deemed abandoned by Tenant. Tenant, at its sole cost, shall repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property which Tenant is authorized and obligated to remove pursuant to the Premises caused by above, and such failure continues after the termination of this Lease, Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall pay to Landlord, upon demand, the costs of removal of any such Alterations and Tenant's Trade FixturesPersonal Property and storage and transportation costs of same, personal propertyand the cost of repairing and restoring the Premises, machinery together with attorneys' fees and equipment, which repair shall include interest on said amounts at the patching and filling Applicable Rate from the date of holes and repair of structural damageexpenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall hereby agrees to indemnify Landlord and Landlord's Agents against all loss or liability resulting from any delay by Tenant in so surrendering the Premises, including, without limitationsbut not limited to, any claims made by any succeeding tenant or tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and actual attorneys' fees and costs. Landlord may withhold all or any portion of Tenant's Security Deposit pending disposition and accounting of expenses Landlord will incur as a result of Tenant's failure to remove the items specified in this Section 19.1.
Appears in 1 contract
Sources: Office Lease (Noosh Inc)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their condition existing as of the Commencement DatePremises, ordinary normal wear and tear tear, fire or other casualty and Hazardous Material not released by Tenant excepted, with all originally painted interior walls washed and other interior walls cleanedof the Premises repaired if damaged, all damaged broken, marred or nonconforming acoustical ceiling tiles and lighting lenses of the Premises replaced, all carpets shampooed and cleanedwindows washed, the air conditioning plumbing and heating electrical systems, and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord; provided, subject however, that if Landlord elects to demolish the limitations on Tenant's obligation Building at the expiration of the Term, Tenant shall not be required to remove Alterations and repair or restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Leaseas otherwise provided herein. Tenant shall remove from the Premises all of Tenant's personal property ’s Alterations required to be removed pursuant to Paragraph 13, and Trade Fixtures from all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant’s Personal Property, and such failure continues after the expiration or earlier termination of this Lease, Landlord may retain such Alterations and Tenant’s Property as provided under applicable law or Landlord may place all or any portion of such Alterations and Tenant’s Property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord and Landlord’s Agents against all loss or liability liability, including reasonable attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, includingfor the purposes of this Lease, without limitationsshall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of reasonable standards for maintenance, any claims made by any succeeding tenant repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or losses deferred maintenance which would have or should have been attended to Landlord due during the Term of the Lease if reasonable standards had been applied to lost opportunities to lease to succeeding tenantsproperly maintain and keep the Premises at all times in good condition and repair.
Appears in 1 contract
Sources: Lease Agreement (Claria Corp)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary normal wear and tear and fire or other casualty, condemnation, acts of God, Alterations not required to be removed pursuant to Paragraph 13 hereof and Toxic Materials not stored, used or disposed of by Tenant, its agents, employees, contractors, or invitees excepted, with all originally painted interior walls washed repaired and other interior walls cleaned, all damaged ceiling tiles and lighting lenses replacedrepainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the air conditioning plumbing and heating electrical systems and lighting in good order and repair, including replacement of burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal Alterations required to be removed pursuant to Paragraph 13, and all Tenant's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and Trade Fixtures from all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability liability, as supported by written evidence thereof, including reasonable attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, includingfor the purposes of this Lease, without limitationsshall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of reasonable standards for maintenance, any claims made by any succeeding tenant repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or losses deferred maintenance which would have or should have been attended to Landlord due during the Term of the Lease if reasonable standards had been applied to lost opportunities to lease to succeeding tenantsproperly maintain and keep the Premises at all times in good condition and repair.
Appears in 1 contract
Sources: Lease (Storage Dimensions Inc)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord the Premises, and the furniture listed on Exhibit D in their condition existing as of the Commencement Date, ordinary normal wear and tear tear, fire or other casualty and Hazardous Material not released by Tenant excepted, with all originally painted interior walls washed and other interior walls cleanedof the Premises repaired if damaged, all damaged broken, marred or nonconforming acoustical ceiling tiles and lighting lenses of the Premises replaced, all carpets shampooed and cleanedwindows washed, the air conditioning plumbing and heating equipment serviced electrical systems, and repaired by a reputable lighting in good order and licensed service firmrepair, including replacement of any burned out or broken light bulbs or ballasts, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord; provided, subject however, that if Landlord elects to demolish the limitations on Tenant's obligation Building at the expiration of the Term, Tenant shall not be required to remove Alterations and repair or restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Leaseas otherwise provided herein. Tenant shall remove from the Premises all of Tenant's personal property ’s Alterations required to be removed pursuant to Paragraph 13, and Trade Fixtures from all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant’s Personal Property, and such failure continues after the expiration or earlier termination of this Lease, Landlord may retain such Alterations and Tenant’s Property as provided under applicable law or Landlord may place all or any portion of such Alterations and Tenant’s Property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the expiration or earlier termination of this Lease, Tenant shall indemnify Landlord and Landlord’s Agents against all loss or liability liability, including reasonable attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, includingfor the purposes of this Lease, without limitationsshall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of reasonable standards for maintenance, any claims made by any succeeding tenant repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or losses deferred maintenance which would have or should have been attended to Landlord due during the Term of the Lease if reasonable standards had been applied to lost opportunities to lease to succeeding tenantsproperly maintain and keep the Premises at all times in good condition and repair.
Appears in 1 contract
Sources: Lease (BigBand Networks, Inc.)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary normal wear and tear and fire or other casualty, or other condition which is not the obligation of Tenant to correct, excepted, with all originally painted interior walls washed repaired and other interior walls cleaned, all damaged ceiling tiles and lighting lenses replacedrepainted if marked or damaged, all carpets shampooed and cleaned, the air conditioning and heating HVAC equipment serviced and repaired by a reputable and licensed service firm, all floors cleaned and waxed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the lawn and shrubs in good condition including the replacement of any dead or damaged plantings, and the sidewalk, driveways and parking areas in good order, condition and repair, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal Alterations required to be removed pursuant to Paragraph 13., and all Tenant's Personal Property and repair any damage and perform any restoration work caused by such removal. Subject to the provisions of Paragraph 13 above, Landlord shall notify Tenant of the items to be removed and/or restored within one hundred (100) days prior to the expiration of the lease term. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and Trade Fixtures from all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability liability, including attorneys' fees and costs resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, includingfor the purposes of this Lease, without limitationsshall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of reasonable standards for maintenance, any claims made by any succeeding tenant repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or losses deferred maintenance which would have or should have been attended to Landlord due during the Term of the Lease if reasonable standards had been applied to lost opportunities to lease to succeeding tenantsproperly maintain and keep the Premises at all times in good condition and repair.
Appears in 1 contract
Surrender of the Premises. On (a) Upon the last day of the Lease Term, expiration or on sooner earlier termination of this Lease, Tenant shall:
(i) Remove the Tenant Improvements, including that portion of the Tenant Improvements known as the "shield", and restore the Building to a general purpose refrigerated Building, in each instance in accordance with the provisions of the Work Letter to the extent applicable, and otherwise in accordance with such reasonable requirements as Landlord may require; provided, however, that Tenant shall not be obligated to remove the Tenant Improvements, including such shield, or restore the Building to a general purpose refrigerated Building if Tenant exercises its option to extend the Term for the Option Term and thereafter fulfills its obligations hereunder;
(ii) Remove from the Premises all of Tenant's Alterations which Landlord has required Tenant to remove pursuant to Section 8.1 and all of Tenant's Personal Property;
(iii) Repair any damage to the Premises, including the Building, caused by such removal or restoration; and
(iv) Otherwise surrender the Premises to Landlord in their its condition existing as of the Commencement Datecompletion of the Tenant Improvements, ordinary normal wear and tear tear, casualty and acts of God excepted, with all originally painted interior walls washed and other interior walls cleaned, all damaged ceiling tiles and lighting lenses replacedin good repair, all carpets shampooed and cleaned, the air conditioning HVAC equipment, plumbing, electrical and heating equipment serviced other mechanical installations in good operating order and repaired by a reputable and licensed service firm, all floors cleaned and waxed, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation .
(b) If Tenant fails to remove Alterations the Tenant Improvements and restore the premises to a general purpose refrigerated building, if required, or to remove hereunder, and such failure continues for more than sixty (60) days after the termination of this Lease, Landlord may, if applicable, restore the Premises to its prior condition set forth a general purpose refrigerated facility, all at Tenant's sole cost and expense, retain and remove Tenant's Personal Property in Paragraph 13. Nothing contained in this Paragraph 34 which event all rights of Tenant with respect to the same shall require Tenant to repair the effects of any condemnationcease, damage or destruction place all or any other condition which Tenant is not required to remedy under this Leaseportion of such Property in public storage for Tenant's account. Tenant shall remove all pay to Landlord, upon demand, the costs of restoring the building, if applicable, and the costs of removing any Alterations or Tenant's personal property Personal Property and Trade Fixtures storage and transportation costs relating to the same, together with attorneys' fees and interest on said amounts at the Applicable Rate from the Premises, and all property not so removed shall be deemed abandoned date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at within sixty (60) days after the termination of this Lease, Tenant shall indemnify Landlord and Landlord's Agents against all loss or liability resulting from any delay by Tenant in so surrendering the Premises, including, without limitations, including any claims made by any succeeding tenant or tenant, losses to Landlord due to lost opportunities to lease least to succeeding tenants, and actual attorneys' fees and costs.
Appears in 1 contract
Sources: Lease Agreement (Surebeam Corp)
Surrender of the Premises. On Upon the last day expiration or earlier termination of the Lease Term, or on sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in their its condition existing as of the Commencement Date, ordinary normal wear and tear and fire or other casualty excepted, with all originally painted interior walls washed repaired and other interior walls cleaned, all damaged ceiling tiles and lighting lenses replacedrepainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed if necessary, the air conditioning plumbing and heating electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord, subject to the limitations on Tenant's obligation to remove Alterations and restore the Premises to its prior condition set forth in Paragraph 13. Nothing contained in this Paragraph 34 shall require Tenant to repair the effects of any condemnation, damage or destruction or any other condition which Tenant is not required to remedy under this Lease. Tenant shall remove from the Premises all of Tenant's personal Alterations required to be removed pursuant to Paragraph 12, and all Tenant's Personal Property, and repair any damage and perform any restoration work caused by such removal. If Tenant fails to remove such Alterations and Tenant's Personal Property, and such failure continues after the termination of this Lease, Landlord may retain such property and Trade Fixtures from all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and Tenant's Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, and all property not so removed shall be deemed abandoned together with interest at the Interest Rate from the date of expenditure by Tenant. Tenant, at its sole cost, shall repair any damage to the Premises caused by the removal of Tenant's Trade Fixtures, personal property, machinery and equipment, which repair shall include the patching and filling of holes and repair of structural damageLandlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord and Landlord's Agents against all loss or liability liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, includingfor the purposes of this Lease, without limitationsshall be construed to mean wear and tear caused to the Premises by a natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, any claims made by any succeeding tenant repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or losses deferred maintenance which would have or should have been attended to Landlord due during the Term of the Lease if commercially reasonable standards had been applied to lost opportunities to lease to succeeding tenantsproperly maintain and keep the Premises at all times in good condition and repair.
Appears in 1 contract
Sources: Lease (C Cube Microsystems Inc)