Yield Up. Tenant shall be the owner of all of the Initial Tenant Improvements (as defined on Appendix D) and Tenant’s Work from time to time constructed, installed, or otherwise placed on the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant in the Premises including, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. At the expiration or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the Premises, remove all Tenant’s Property and all Tenant’s signs wherever located, in each case repairing damage to the Premises which results in the course of such removal (including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant shall not be required to remove (i) any of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work in connection with Landlord’s review and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time of Landlord’s approval of Tenant’s plans (a “Landlord Removal Notice”). Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article VI only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs to the Premises.
Appears in 1 contract
Sources: Lease Agreement (Vistaprint LTD)
Yield Up. Tenant shall be the owner of all of the Initial Tenant Improvements (as defined on Appendix D) and Tenant’s Work from time to time constructed, installed, or otherwise placed on the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant in the Premises including, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. At the expiration of the Term or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, shall surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the Premises, remove all of its furnishings, fixtures, equipment, materials, supplies, inventory, effects and other personal property in or on the Premises, remove any of Tenant’s Property 's Fixtures and Equipment and Subsequent Alterations and Improvements made by Tenant which are not Base Building Elements, repair any damage caused by such removal, leave Tenant's Specialized Improvements/Base Building Upgrades and any Subsequent Alterations and Improvements which are Base Building Elements, remove all Tenant’s of its signs wherever located, in each case repairing repair all damage to the Premises which results in the course of caused by any such removal (including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant shall not be required to remove (i) any of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work in connection with Landlord’s review and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time of Landlord’s approval of Tenant’s plans (a “Landlord Removal Notice”). Tenant shall yield up the Premises broom-clean (including Tenant's Specialized Improvements/Base Building Upgrades and any Subsequent Alterations and Improvements which are Base Building Elements) in good the same good, clean, first class, working and tenantable order, condition and repair in which Tenant is obliged to keep and condition, maintain the Premises by the provisions of this Lease excluding (a) reasonable wear and tear and tear, (b) damage by fire or other casualty or taking by condemnation or eminent domain (which are instead governed by Articles XIV and taking XV hereof) and (c) elements which are Landlord's responsibility to maintain and repair under the extent provided in Article VI only) exceptedprovisions hereof. Any of Tenant's aforesaid property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be retained by Landlord or may be removed and disposed of by Landlord in such manner as Landlord shall determine, and . Tenant shall pay to Landlord the reasonable entire cost and expense incurred by it Landlord in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises. Without limiting the foregoing, Tenant shall have the right upon the expiration or termination of this Lease to remove all of its trade fixtures, furnishings and equipment from the Premises, provided that Tenant is not then in default hereunder after any applicable notice and cure periods and that Tenant complies with all requirements of this Section 16.1 in making such removals.
Appears in 1 contract
Sources: Lease Agreement (Sepracor Inc /De/)
Yield Up. Tenant shall be the owner of all of the Initial Tenant Improvements (as defined on Appendix D) and Tenant’s Work from time to time constructed, installed, or otherwise placed on the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant in the Premises including, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. At the expiration of the term or earlier -------- termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, : to surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the Premises, ; to remove all the Tenant’s Property 's Cafeteria Equipment (except as hereinafter set forth) and all Tenant’s signs wherever located, of its trade fixtures and personal property in each case repairing damage the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which results in may be the course of such removal (including initial plans if Tenant has made no installations after the filling of all floor holes, Commencement Date); to replace the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant shall not be required to remove (i) any components of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord Existing Cafeteria Equipment previously removed as part of Tenant’s Improvements, and (b) 's Work with respect to all other TI Work, prior to the installation of any such TI Work in connection with Landlord’s review and approval of same or comparable equipment only if Landlord had requested replacement at the time it approved the plans for Tenant's Work pursuant to Section 3.1 hereof; to remove such TI Workinstallations made by it that are not suited for general office use as Landlord may request, if Landlord will provide Tenant with notice of improvements that it requires removed had so designated such installations for removal at the time of Landlord’s approval of Landlord approved the plans therefor; to remove all rooftop telecommunications equipment, Tenant’s plans (a “Landlord Removal Notice”). Tenant shall 's Cabling [defined below] and any other computer and telecommunications wiring and cabling, and all Tenant's signs wherever located; to repair all damage caused by such removal and to yield up the Premises (including the Tenant's Security System and all installations and improvements made by Tenant except for trade fixtures and such of said installations, improvements or equipment as Landlord shall request Tenant to remove), broom-clean and in the same good order, order and repair in which Tenant is obliged to keep and condition, reasonable wear and tear and damage maintain the Premises by casualty and taking (the provisions of this Lease. All of Tenant's Cafeteria Equipment which has been permanently affixed to the extent provided in Article VI only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned Premises and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs to the Premises.Tenant's
Appears in 1 contract
Yield Up. Tenant shall be the owner of all of the Initial Tenant Improvements (as defined on Appendix Da) and Tenant’s Work from time to time constructed, installed, or otherwise placed on the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant in the Premises including, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. At the expiration of the Term or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, shall surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the PremisesPremises and shall remove the furnishings, fixtures and equipment set forth in Exhibit C attached hereto, as defined below. Tenant shall have the right, but not the obligation, to remove any installments, alterations or improvements made by Tenant during the Term. Tenant shall repair all Tenant’s Property damage caused by such removal and to yield-up the Premises in broom-clean condition and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease (except for reasonable wear and tear, damage by Casualty and Taking and damage resulting from Landlord's Negligence).
(b) Upon surrender of the Premises in accordance with this Section 4.9, the Premises shall be free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party (collectively, "TENANT HAZMAT OPERATIONS") and released of all Tenant’s signs wherever located, in each case repairing damage Hazardous Materials Clearances. At least three (3) months prior to the surrender of the Premises which at the end of the Term, Tenant shall deliver to Landlord a narrative description of the actions proposed to be taken by Tenant (the "SURRENDER PLAN") in order to surrender the Premises free of Hazardous Materials and in a manner that results in the course of such removal (including the filling release of all floor holes, Hazardous Materials Clearances at the removal expiration or earlier termination of the Term. Such Surrender Plan shall be accompanied by a current listing of (i) all disconnected wiring back to junction boxes Hazardous Materials licenses and the replacement permits held by or on behalf of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) any Tenant Party with respect to the Initial Tenant Improvements onlyPremises, Tenant shall not be required to remove (i) any of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the two (2) internal staircases to be constructed by Landlord as part of Tenant’s ImprovementsPremises, and (b) with respect to all other TI Work, prior shall be subject to the installation of any such TI Work in connection with Landlord’s reasonable review and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time of Landlord’s approval of Tenant’s plans (a “Landlord Removal Notice”). Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article VI only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of an environmental consultant selected by Landlord and reasonably acceptable to Tenant to ensure that the Surrender Plan is likely to result in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs to the Premises.the
Appears in 1 contract
Sources: Lease Agreement (Arqule Inc)
Yield Up. Tenant shall be At the owner expiration of the term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Initial Premises; to deliver to Landlord one (1) set of as-built plans showing the Premises at yield up if Tenant Improvements (as defined on Appendix D) and had made alterations or installations during the Term for which plans were required after the Tenant’s Work from time (if Tenant has made no alterations or installations after the Tenant’s Work, the as-built plans initially delivered pursuant to time constructedSection 3.3(B) shall suffice); to remove such installations made by it as Landlord may request (including computer and telecommunications wiring and cabling, installedit being understood that if Tenant leaves such wiring and cabling in a useable condition, or otherwise placed on Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s signs wherever located; to repair all damage caused by such removal and to yield up the Premises (collectively, the “TI Work”). All articles of personal property including all installations and all business and trade fixtures, machinery and equipment, owned improvements made by Tenant except for trade fixtures and such of said installations or installed improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by Tenant the provisions of this Lease, reasonable wear and tear and damage caused by casualty and condemnation excepted. Tenant, at the time of making any installation, alteration, or improvement may request in writing Landlord’s written permission to leave the same in the Premises includingat the expiration or earlier termination of this Lease. Landlord shall, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “after receipt of Tenant’s Property”) shall request, notify Tenant in writing as to whether such installation may or may not remain in the property Premises at the expiration or earlier termination of Tenantthis Lease. If Landlord so notifies Tenant that such installation, and alteration, or improvement may be removed by Tenant remain in the Premises at any time during the Term. At the expiration or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the Premises, remove all Tenant’s Property and all Tenant’s signs wherever located, in each case repairing damage to the Premises which results in the course of such removal (including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant shall thereafter not be required permitted to remove (i) any of request or require that the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to same be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work in connection with Landlord’s review and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time expiration or earlier termination of Landlord’s approval of Tenant’s plans (a “Landlord Removal Notice”). Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article VI only) exceptedLease. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine, determine and Tenant shall pay to Landlord the reasonable entire cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and replacements to the PremisesPremises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and delay in surrendering the Premises as above provided; however, notwithstanding the foregoing, Tenant shall not be liable for any consequential damages if Tenant occupies the Premises for sixty (60) or fewer days beyond the expiration or earlier termination of this Lease and had notified Landlord in writing at least six (6) months prior to the Expiration Date that Tenant intended to hold over. Except as specifically provided for in this Section 6.1.9, Tenant shall not be liable for any consequential damages for breach of any provision of this Lease. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily rate of rent equal to two (2) times the rent and other charges in effect under this Lease as of the day prior to the date of expiration of this Lease.
Appears in 1 contract
Sources: Office Lease (Dyax Corp)
Yield Up. Tenant shall be the owner of all of the Initial Tenant Improvements (as defined on Appendix D) and Tenant’s Work from time to time constructed, installed, or otherwise placed on the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant in the Premises including, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. At the expiration of the Term or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, : to surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the Premises, ; to remove all of its trade fixtures, personal property and equipment located in the Premises, including all HVAC equipment associated with Tenant’s Property lab use and all cubicles whenever installed in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations, alterations, and additions made by Tenant or as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s signs wherever located, in each case repairing ; to repair all damage to the Premises which results in the course of caused by such removal (including the filling of all floor holes, the removal of all disconnected wiring back and to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant shall not be required to remove (i) any of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work in connection with Landlord’s review and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time of Landlord’s approval of Tenant’s plans (a “Landlord Removal Notice”). Tenant shall yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good orderorder and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, repair and conditionloss by fire or other casualty excepted. Notwithstanding the foregoing, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article VI only) exceptedthere are any alterations or other modifications made by Tenant that are not typical of office space, light manufacturing and/or research and development space. Landlord reserves the right at the end of the Term to require Tenant to remove such alterations or modifications and restore the affected areas to an open office configuration. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine, determine and Tenant shall pay to Landlord the reasonable entire cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and replacements to the PremisesPremises and for use and occupancy during the period after the expiration of the Term and prior to its performance of its obligations under this subsection 6.1.
Appears in 1 contract
Sources: Office Lease (Lemaitre Vascular Inc)
Yield Up. Tenant shall (A) At the expiration of the Term or earlier termination of this Lease: to surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the owner initial plans if Tenant has made no installations after the Commencement Date); to remove such alterations, improvements, or installations made by or on behalf of all Tenant (including any of the Initial alterations, improvements or installations made by or on behalf of Tenant Improvements pursuant to Article 3 above) as Landlord may request (as defined on Appendix Dincluding computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s Work from time signs wherever located; to time constructed, installed, or otherwise placed on repair all damage caused by such removal and to yield up the Premises (collectivelyincluding all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease. Notwithstanding the preceding provisions of this Section 6.1.9 or anything to the contrary contained in this Lease, except for voice and data wiring and cabling installed by or on behalf of Tenant, Landlord shall, subject to the terms and conditions below, not require removal of any alterations or installations made by or for Tenant except for those items that are not customary office improvements (“TI WorkNon-Standard Improvements”). All articles For purposes of personal property and all business and trade fixturesthis paragraph, machinery and equipment, owned by Tenant or installed by Tenant “customary office improvements” shall mean leasehold improvements similar to those customarily made in the Premises includingconnection with general office uses. Non-Standard Improvements shall include, without limitation, furnitureraised floors, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines supplemental HVAC systems and equipment, any modification to any portion of the Building’s systems, the installation of a vault or other similar device or system that is intended to secure the Premises or a portion thereof in a manner that exceeds the level of security used for ordinary office space, any plumbing connections in excess of those customarily made in connection with general office use (such as break stations and communications equipment (collectivelyexecutive bathrooms), “Tenant’s Property”) shall remain and any alterations altering or modifying the property structural elements of the Building, including internal stairs. Tenant, at the time of requesting Landlord’s approval of any installations or alterations (and may also in connection with Landlord’s Work), shall request in writing that Landlord designate whether the proposed installation or alteration is a Non- Standard Improvement that must be removed by Tenant at any time during the Term. At the expiration or earlier termination of this Lease. After receipt of ▇▇▇▇▇▇’s request, Landlord shall notify Tenant (and all persons claiming by, through or under it) shall, without the necessity of in writing if any notice, surrender item is a Non-Standard Improvement that must be removed from the Premises at the expiration or earlier termination of this Lease. If Landlord does not indicate that a particular Non-Standard Improvement must be removed, then Landlord shall not later have the right to request its removal. Likewise, if Tenant, when making any installations or alterations (including all TI Work and all replacements thereof [except such TI Work as has been identified for but not limited to Landlord’s Work), fails to so request in writing whether an item is a Non-Standard Improvement that Landlord will require removal by of, then Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by reserves the right to require Tenant and to remove the portion installation or alteration at the end of the Premises which was subject Term. For the avoidance of such TI Work shall be restored to their pre-existing condition) and all keys to the Premisesdoubt, remove all Tenant’s Property and all Tenant’s signs wherever located, in each case repairing damage to the Premises which results in the course of such removal (including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant shall not be required to remove (i) any of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work in connection with Landlord’s review and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time portion of Landlord’s approval of Tenant’s plans (Work that is a “Landlord Removal Notice”). Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (Non- Standard Improvement is subject to the extent provided in Article VI only) exceptedremoval requirement set forth above. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine, determine and Tenant shall pay to Landlord the reasonable entire cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from ▇▇▇▇▇▇’s failure and delay in surrendering the Premises as above provided (it being agreed Tenant shall not be liable for consequential or indirect damages unless Tenant holds over for thirty (30) or more days).
(B) If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent equal to 200% the Monthly Fixed Rent Rate and 100% of Additional Rent on account of Operating Costs and Taxes last due as of the day prior to the date of expiration or earlier termination of this Lease, and shall otherwise be on the terms and conditions of this Lease as applicable, except that in no event shall any extension option, right of first offer or right of first refusal, or similar right or option be deemed applicable to such tenancy at sufferance.
(C) Notwithstanding subparagraph (B) above, on the condition that (i) Tenant has given Landlord a notice of its intent to remain in the Premises beyond the expiration or termination of this Lease (a “Holdover Notice”) no earlier than one and twenty (120) days and no later than ninety (90) days prior to the Expiration Date, and (ii) Landlord does not then have a signed letter of intent or lease with another tenant for the Premises, or any portion thereof, at the time Tenant gives the Holdover Notice, then if the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall not be deemed to create any tenancy and Tenant shall be a tenant at sufferance at a daily holdover rate of 150% of the Fixed Rent and 100% of Additional Rent on account of Operating Costs and Taxes last due at the end of the Term, but only for a period not to exceed thirty (30) days. If Tenant continues to holdover in the Premises following the end of that initial thirty (30) day period, then the holdover rate shall increase to 200% of the Fixed Rent and 100% of Additional Rent on account of Operating Costs and Taxes. In no way shall the terms of this subparagraph (C) be applicable in the event that Landlord exercises Landlord’s Termination Right under Section 2.4 (it being agreed any holding over beyond the Early Termination Date shall be governed solely by the terms of subparagraphs (A) and (B) above).
Appears in 1 contract
Yield Up. Tenant shall be the owner of all (a) To yield up and surrender possession of the Initial Tenant Improvements (as defined on Appendix D) and Tenant’s Work from time Premises to time constructed, installed, or otherwise placed on the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant in the Premises including, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant Landlord at any time during the Term. At the expiration of the Term or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, ; to surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the Premises, ; to remove all of its trade fixtures and personal property from the Premises; to remove all Tenant’s Property Telecommunications Equipment and wires and cables installed by or on behalf of Tenant; to remove such Specialty Alterations as Landlord may request and all Tenant’s signs wherever located, in each case repairing ; to repair all damage to the Premises which results in the course of caused by such removal (including the filling of all floor holes, the removal of all disconnected wiring back and to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant shall not be required to remove (i) any of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work in connection with Landlord’s review and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time of Landlord’s approval of Tenant’s plans (a “Landlord Removal Notice”). Tenant shall yield up the Premises (including all installations and improvements made by Tenant, except for trade fixtures and such of such installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order, order and repair in which Tenant is obliged to keep and condition, reasonable wear and tear and damage maintain the Premises by casualty and taking (to the extent provided in Article VI only) exceptedprovisions of this Lease. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine, and . Tenant shall pay to reimburse Landlord for the reasonable entire cost and expense incurred by it in effecting such the removal and disposition of property which was required to be removed by Tenant pursuant to this Lease, and in making any incidental repairs and replacements to the Premises.Premises after surrender thereof by Tenant. Without limiting the foregoing, concurrent with the review of the applicable Construction Documents in connection with a Change Order or, upon request of Tenant, concurrent with the review of other plans and specifications in connection with any Alterations, Landlord will notify Tenant as to which of the proposed installations and improvements constitute Specialty Alterations which Tenant will be required to remove at the expiration of the Term provided that Tenant shall include the following legend in capitalized and bold type displayed prominently on the top of the first page of Tenant’s notice delivered concurrently with such plans and specifications: “IF LANDLORD FAILS TO NOTIFY TENANT AT THE TIME LANDLORD APPROVES THESE PLANS AND SPECIFICATIONS THAT ANY ALTERATIONS SHOWN THEREON ARE SPECIALTY ALTERATIONS (AS DEFINED IN THE LEASE), LANDLORD MAY NOT REQUIRE TENANT TO REMOVE SUCH
Appears in 1 contract
Sources: Sublease (Tokai Pharmaceuticals Inc)
Yield Up. Tenant shall be in repair at the owner of all end of the Initial Tenant Improvements (as defined on Appendix D) and Tenant’s Work from time to time constructed, installed, or otherwise placed on the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant in the Premises including, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. Term At the expiration or earlier termination determination of the Tem or at such later time as the Landlord recovers possession of the Demised Premises from Tenant
3.9.1 to quality yield up the Demised Premises (together with all additions and improvements to the Demised Premised and all fixtures which during the Term may be fixed or fastened to or upon the Demised Premises other than the Tenant's fixtures removable by the Tenant) decorated repaired cleaned and kept fully in accordance with the Tenant's covenants contained in this Lease,
3.9.2 if so required buy the Landlord to remove from the Demised Premises all the Tenant's belongings that is to say trade fixtures and fittings and all notices boards and sign bearing the name of or otherwise relating to the Tenant (including in this context any persons deriving title to the Demised Premises under the Tenant) or its business and all persons claiming by, through or under it) shall, without partitions fixtures and fittings not installed at the necessity of date hereof and any notice, surrender alterations carried out to the Demised Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and during the portion Term
3.9.3 to make to the satisfaction of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and Landlord all keys to the Premises, remove all Tenant’s Property and all Tenant’s signs wherever located, in each case repairing damage to the Demised Premises which results resulting for in the course of such removal (including the filling of all floor holes, the removal of all disconnected wiring back the Tenant's belonging form the Demised Premises and by reinstatement of the Demised Premises pursuant to junction boxes and any covenant with the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect Landlord
3.9.4 to reimburse to the Initial Tenant Improvements only, Tenant shall not be required to remove (i) any of Landlord all expenditure reasonably incurred by the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work in connection with Landlord’s review and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time of Landlord’s approval of Tenant’s plans (a “Landlord Removal Notice”). Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article VI only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned Term in repairing painting and may be removed decorating the Demised Premises so as to put them into the condition required by the foregoing Tenant's covenant and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall to pay to the Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs a sum equivalent to the Premises.loss of rent suffered by the Landlord during the period form such termination until the date upon which all such works have been completed
Appears in 1 contract
Sources: Commercial Lease (Mycobiotech LTD)
Yield Up. Tenant shall be 4.26.1 Subject to the owner provisions of all clause 4.12.4 hereof, at the expiry of the Initial Tenant Improvements Term to remove all chattels and (as defined on Appendix D) and Tenant’s Work from time to time constructed, installed, or otherwise placed on the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant in the Premises including, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. At the expiration or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the Premises, remove all Tenantextent the Landlord may require in writing) tenant’s Property fixtures and all Tenant’s signs wherever located, in each case repairing damage quietly to the Premises which results in the course of such removal (including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant shall not be required to remove (i) any of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work in connection with Landlord’s review and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time of Landlord’s approval of Tenant’s plans (a “Landlord Removal Notice”). Tenant shall yield up the Premises broom-clean reinstated in accordance with the Reinstatement Specification and in restored and made good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided required under clause 4.12.4 and in Article VI only) excepted. Any property not the state of repair condition decorative order and layout otherwise required by this lease and any licences or consents issued in pursuance of it and to make good any damage so removed within thirty (30) caused in a proper and workmanlike manner to the reasonable Landlord’s satisfaction
4.26.2 The Tenant irrevocably authorises the Landlord to remove and dispose of any chattels which may be left in the Premises more than 14 days after the expiration expiry or termination sooner determination of the Lease shall be deemed Term (without being obliged to obtain any consideration for the disposal) and the Tenant irrevocably declares that any such chattels will stand abandoned by it
4.26.3 To make due application to the Land Registry for the cancellation of any notice of or relating to this lease or any document supplemental or collateral to it registered at the Land Registry by the Tenant if requested to do so by the Landlord and may be removed on request to supply the Landlord with a copy of the application
4.26.4 For the purposes of securing the Tenant’s obligation in clause 4.26.3 the Tenant hereby irrevocably appoints the Landlord and disposed its successors in title severally as attorney of by Landlord in such manner as Landlord shall determine, and the Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition and in its name (and with power to appoint the Landlord’s solicitors as substitute attorney) solely for the purposes of making any incidental repairs application referred to in clause 4.26.3 but only if the Premises.Tenant is in breach of the obligation to apply itself
Appears in 1 contract
Yield Up. Tenant shall be the owner of all of the Initial Tenant Improvements (as defined on Appendix Da) and Tenant’s Work from time to time constructed, installed, or otherwise placed on the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant in the Premises including, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. At the expiration of the Term or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, : to surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the Premises, ; to remove all Tenantof its trade fixtures and personal property in the Premises (it being agreed that any item that is part of Landlord’s Property Work is not considered as T▇▇▇▇▇’s trade fixtures and/or personal property); to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to remove such alterations, improvements, or installations made by or on behalf of Tenant as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) as Landlord may designate for removal pursuant to Section 6.2.5 below and all Tenant’s signs wherever located, in each case repairing damage located (it being agreed that notwithstanding anything to the Premises which results in the course of such removal (including the filling of all floor holescontrary contained herein, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant Landlord shall not require Tenant to remove Landlord’s Work that is consistent with the Fit Plan and BOD, but Tenant may be required to remove (i) any of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work Change Order and to restore the Premises in connection accordance with Landlord’s review the terms of this Section 6.1.9); to repair all damage caused by such removal and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time of Landlord’s approval of Tenant’s plans (a “Landlord Removal Notice”). Tenant shall to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-clean and in the same good order, order and repair in which Tenant is obliged to keep and condition, reasonable wear and tear and damage maintain the Premises by casualty and taking (to the extent provided in Article VI only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs to the Premises.the
Appears in 1 contract
Sources: Office Lease (Myomo, Inc.)
Yield Up. 4.8.1 to yield up the Premises on the Termination Date with vacant possession all landlord's fixtures and fittings (not being Tenant's Fixtures) and all the alterations additions and improvements made to the Premises during the Term which the Landlord has not asked the Tenant shall be to remove under clause 4.9 and in such repair and condition as is required by the owner Tenant's covenants in this lease
4.8.2 On the Termination Date to remove all Tenant's Fixtures and any other trade fixtures belonging to the Tenant from the Premises and make good to the Landlord's reasonable satisfaction all damage caused by such removal 4.9 Alterations
4.9.1 not to:
4.9.1.1 erect any new or replacement building on or at the Premises nor make any addition or extension to the Premises
4.9.1.2 unite the Premises with any adjoining premises
4.9.1.3 commit waste of all any kind
4.9.1.4 change the external appearance of the Initial Tenant Improvements Premises
4.9.1.5 make any alterations to the Premises save as permitted by the following provisions of this clause
4.9.2 not to make any minor structural or non-structural alterations to the Premises without first:
4.9.2.1 obtaining and complying with all the necessary permissions licences and consents of any competent authority the insurers and others interested in the Premises and paying all charges of such authority persons or bodies in respect of such permissions licences and consents and
4.9.2.2 making an application for consent to the Landlord supported by drawings and where appropriate a specification (as defined on Appendix Din triplicate in each case) prepared by an architect or member of some other appropriate profession (who shall supervise the work throughout to completion) and Tenant’s Work obtaining the written consent of the Landlord pursuant to such application (such consent not to be unreasonably withheld or delayed)
4.9.2.3 entering into such covenants as the Landlord may reasonably require as to the execution of such alterations and such covenants as the Landlord may require as to the reinstatement of such alterations
4.9.2.4 indemnifying the Landlord in respect of any increased insurance costs arising as a result of such alterations being carried out PROVIDED THAT the Tenant need not obtain such consent nor comply with the other provisions of clauses 4.9.2.2 - 4.9.2.3 in relation to the fixing or alteration or removal of internal partitioning provided that the Tenant supplies full details of such works to the Landlord once they have been completed
4.9.3 at or before the Termination Date to remove if so requested by the Landlord any additions alterations or improvements made to the Premises during the Term and to make good to the reasonable satisfaction of the Landlord any part of the Premises which may be damaged by such removal
4.9.4 to supply to the Landlord on reasonable demand floor plans services drawings and such other information as the Landlord may from time to time constructed, installed, reasonably require in order to satisfy itself as to the layout content and other details of the Premises
4.9.5 not to make any alterations or otherwise placed on additions to the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant Conduits in the Premises including, without limitation, furniture, furnishings complying with the terms and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. At the expiration or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified conditions for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the Premises, remove all Tenant’s Property and all Tenant’s signs wherever located, in each case repairing damage to the Premises which results in the course of such removal (including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant shall not be required to remove (i) any of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work in connection with Landlord’s review and approval of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time of Landlord’s approval of Tenant’s plans (a “Landlord Removal Notice”). Tenant shall yield up being laid down by the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article VI only) excepted. Any property not so removed within thirty (30) days after the expiration appropriate statutory authority or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs to the Premises.undertaker
Appears in 1 contract
Sources: Sale and Leaseback Agreement (Gerber Scientific Inc)
Yield Up. 4.8.1 Immediately prior to the expiration or sooner determination of the Term (unless the Tenant renews this Lease or enters into a Further Lease as defined in clause 10) at the cost of the Tenant:
4.8.1.1 to replace any of the Landlord’s fixtures and fittings which shall be missing or beyond economic repair with new ones of similar kind and quality;
4.8.1.2 to remove from the Premises any moulding or sign of the name or business of the Tenant or occupiers and all tenant’s fixtures fittings furniture and effects and to make good to the reasonable satisfaction of the Landlord all damage caused by such removal;
4.8.1.3 if required by the Landlord to remove all video data and sound communications conducting material installed in the Premises by or at the request of the Tenant or any undertenant; and
4.8.1.4 if and to the extent required by the Landlord to put or reinstate the Premises in or to a condition commensurate with the Building Specification which, for the avoidance of doubt but without prejudice to the generality of the foregoing, shall include the removal of alterations and additions carried out by or on behalf of the Tenant whether before or after the commencement of the Term and the making good of all damage caused by such removal in all cases to the Landlord’s reasonable satisfaction.
4.8.2 Notwithstanding clause 4.8.1 above, the Tenant shall be entitled to request the owner of all of the Initial Tenant Improvements (as defined on Appendix D) and TenantLandlord’s Work from time to time constructed, installed, or otherwise placed on the Premises (collectively, the “TI Work”). All articles of personal property and all business and trade fixtures, machinery and equipment, owned by Tenant or installed by Tenant in the Premises including, without limitation, furniture, furnishings and movable partitions, all signs and signage, cabinetry, computers and data processing machinery, telecommunication or electrical conduits, switches or wiring, cabling, business machines and equipment, and communications equipment (collectively, “Tenant’s Property”) shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. At the expiration or earlier termination of this Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender the Premises (including all TI Work and all replacements thereof [except such TI Work as has been identified for removal by Landlord in a Landlord Removal Notice, as hereafter defined], which shall be removed by Tenant and the portion of the Premises which was subject of such TI Work shall be restored to their pre-existing condition) and all keys to the Premises, remove all Tenant’s Property and all Tenant’s signs wherever located, in each case repairing damage to the Premises which results in the course of such removal (including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged ceiling tiles), provided that, notwithstanding the foregoing (a) with respect to the Initial Tenant Improvements only, Tenant shall not be required to remove (i) any of the Initial Tenant Improvements except for any non-standard office improvements that Landlord identifies in a Landlord Removal Notice (non-standard office improvements include, for example, for purposes of illustration only, internal staircases [except as provided in clause (ii)], other alterations requiring penetrations in the floors or ceilings and raised floors), or (ii) the two (2) internal staircases to be constructed by Landlord as part of Tenant’s Improvements, and (b) with respect to all other TI Work, prior to the installation of any such TI Work advice in connection with Landlord’s review and approval which (if any) of the plans for such TI Work, Landlord will provide Tenant with notice of improvements that it requires removed at the time of Landlord’s approval of Tenant’s plans alterations it is required to reinstate which advice shall be given by the Landlord to the Tenant in a timely manner in order to facilitate the carrying out of the relevant works before the end of the Term.
4.8.3 At the expiry or sooner determination of the Term (unless the Tenant renews this Lease or enters into a “Landlord Removal Notice”). Tenant shall Further Lease as defined in clause 10) quietly to yield up the Premises broom-clean and to the Landlord in good order, and substantial repair and condition, reasonable wear condition in accordance with the covenants and tear and damage by casualty and taking (to other obligations on the extent provided in Article VI only) excepted. Any property not so removed within thirty (30) days after the expiration or termination part of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord Tenant contained in such manner as Landlord shall determine, and Tenant shall pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs to the Premisesthis Lease.
Appears in 1 contract
Sources: Lease (BlackRock Inc.)