Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.
Appears in 2 contracts
Sources: Office Lease (Avedro Inc), Office Lease (Avedro Inc)
Yield Up. At Tenant agrees, at the expiration of the term Term or earlier termination of this Lease: to surrender all keys to the Premises; , to remove all of its Tenant’s personal property and trade fixtures and personal property in from 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 made by it 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; to repair all damage caused by such removal and 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)Premises, broom-clean and broom clean, in the same good order and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal reasonable use and wear and tear and damage by fire or other casualty or condemnation excepted. TenantTenant shall have the right to remove its trade fixtures from the Premises at any time. Tenant shall remove the four existing antenna installations on the Building located at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, at the time of making any installationand all connecting electrical conduits, alterationcontrols and other equipment related to said antenna installations, or improvement, may request in writing Landlord’s written permission to leave the same in from the Premises at the expiration of the Term or earlier termination of this Lease. Landlord shall, after receipt Tenant shall repair any damage to the Premises caused by removal of any of Tenant’s requesttrade fixtures or personal property or Alterations. Tenant shall terminate, notify without cost, expense or liability to Landlord, any and all contracts and agreements entered into by or on behalf of Tenant (including, without limitation, any employment or collective bargaining agreements and any management contracts) with respect to the management, maintenance or repair of the Premises or that otherwise would be binding upon the Premises or Landlord. In no event shall Tenant be required to surrender the Premises in writing as any better condition than they were in on the Commencement Date. If Tenant fails to whether perform its removal obligations hereunder, without limiting any other right or remedy, Landlord may, on five (5) Business Days prior written notice to Tenant perform such installationobligations at Tenant’s expense, alteration and Tenant shall promptly reimburse Landlord upon demand for all out-of-pocket costs and expenses incurred by Landlord in connection with such work. Tenant’s obligations under this Section shall survive the termination of this Lease. Any items of Tenant’s personal property or improvement may or may not trade fixtures which remain in the Premises after the expiration date of the Term may, on five (5) Business Days prior written notice to Tenant, at the option of Landlord, be deemed abandoned and in such case may either be retained by Landlord as its property or be disposed of, without accountability, at Tenant’s expense in such manner as Landlord may see fit. The foregoing terms of this Section 4.8 shall survive the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.
Appears in 2 contracts
Sources: Lease Agreement (Mercury Computer Systems Inc), Lease Agreement (Mercury Computer Systems Inc)
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at Upon the expiration or earlier termination of the Lease. Notwithstanding anything Term or Tenant’s right to possession of the contrary contained hereinPremises, Tenant shall have no obligation return the Premises to Landlord broom clean and in good order and condition, ordinary wear, only, excepted. Landlord reserves the right either to require Tenant to remove any of LandlordAlterations (excepting Tenant’s initial improvements or Tenant’s Work) (as defined in Section 3.5.1) installed in the Building by Tenant (collectively, “Tenant’s Installations”), or to require Tenant to leave Tenant’s Installations on the Premises or Property, at no cost to Landlord. Any property not so removed If Landlord requires Tenant to remove Tenant’s Installations, then such removal shall be deemed abandoned done in a good and workmanlike manner; and, if Landlord so electsupon such removal, 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 Landlord restore the entire cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and replacements Premises to its condition prior to the Premises installation of such Tenant Installations. If Tenant does not remove such Tenant Installations and for use repair 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 restore the Premises as above provided. If required hereby within ten (10) days after request to do so by Landlord, Landlord may remove, store and/or dispose of the same and restore the Premises, and deduct the cost of such removal, storage, disposal and/or restoration from the Security Deposit, with any such costs in excess thereof to be paid by the Tenant remains in the Premises beyond to Landlord upon demand. Prior to the expiration or earlier termination of this Leasethe Term or Tenant’s right to possession of the Premises, 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 also remove its furniture, equipment, trade fixtures, other items of rent during personal property, and any and all wiring and cabling (including but not limited to telephone, fiber optic, computer, communications, and fire alarm wires and cables) from the first thirty (30) days of Premises, as well as any and all risers, plenums and conduits used exclusively by Tenant in the Building. If Tenant does not remove such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day items prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 Leasethe Term or Tenant’s right to possession of the Premises, Tenant shall be conclusively presumed to have conveyed the same to Landlord free and clear of any and all liens and security interests without further payment or credit by Landlord to Tenant; or at Landlord’s sole option such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenant, and shall otherwise Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the cost of such removal and disposal from the Security Deposit, with any costs thereof in excess of the Security Deposit to 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 paid by Tenant to such tenancy at sufferanceLandlord upon demand.
Appears in 2 contracts
Sources: Lease Agreement (Mulesoft, Inc), Lease Agreement (Mulesoft, Inc)
Yield Up. At Tenant shall, at the expiration of the term or earlier termination of the term of this Lease: to , or upon any earlier reentry or retaking of possession of the Premises by Landlord and/or termination of Tenant’s right of possession and/or occupancy of the Premises, as applicable, 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations Alterations, signs and improvements made (or if applicable, restore any items removed) by it 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 or at Tenant’s signs wherever locatedrequest, as set forth in the following paragraph; to repair all damage caused by such removal removal; repair all damage caused by such removal; and to vacate and 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-broom clean and in the same good order and repair in which Tenant is obliged obligated to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty excepted. Tenant, at the time of making any installation, alteration, Tenant shall not be required to remove L▇▇▇▇▇▇▇’s Work or improvement, may request in writing Landlord’s written permission to leave the same in the Premises at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this LeaseWork. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at term of the expiration or earlier termination of this LeaseLease is extended beyond the Original Term, Landlord shall thereafter not be permitted have the right to request require Tenant to properly cap or require that the same be removed seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition upon the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Workterm. Any property not so removed 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 Landlord the entire reasonable, out-of-pocket cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and required due to such removal. Notwithstanding the preceding provisions of this Subsection 6.1.9, except for use and occupancy during cabling as provided above, Tenant shall not be required to remove alterations made by it in the period after Premises if
(i) Tenant’s request for Landlord’s consent to make such alterations contains a statement in capital letters notifying Landlord that Landlord shall have waived its right to require removal of such alterations at the expiration end of the term unless L▇▇▇▇▇▇▇’s consent to such alterations requires, as a condition to Landlord’s consent, that Tenant is required to remove the alteration at the end of the term, and prior to its performance of its obligations under this subsection 6.1.9. (ii) Landlord does not so notify 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. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over that removal 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferancerequired.
Appears in 1 contract
Yield Up. At Holdover. No later than the expiration last day of the term Term or earlier termination as provided herein, Licensee will remove all Licensee's personal property and, if requested by Licensor, the locks and security devices permitted pursuant to Paragraph 7 hereof, and repair all injury done by or in connection with installation or removal of said property and surrender the Premises (together with all keys, access cards or entrance passes to the Premises and/or Building) in as good a condition as it was at the beginning of the Term, reasonable wear and tear, unrepaired casualty not caused by Licensee and condemnation excepted. All property of Licensee remaining in the Premises without Licensor's consent after expiration or earlier termination of this Lease: to surrender all keys the Term shall be deemed conclusively abandoned and may be removed by Licensor, and Licensee shall reimburse Licensor for the cost of removing the same and for any repair to the Premises; Premises or the Building as a result of such removal, subject, however, to Licensor's right to require Licensee to remove all of its trade fixtures and personal property in the Premises; any improvements or additions made 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 made by it 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; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by Licensee pursuant to the provisions terms of this Lease, normal wear and tear and casualty exceptedLicense. Tenant, at the time If Licensee shall not immediately surrender possession of making any installation, alteration, or improvement, may request in writing Landlord’s written permission to leave the same in the Premises at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alterationAgreement, or improvement may remain in the Premises at the expiration or earlier termination if property of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the 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 Tenant’s failure and delay in surrendering the Premises as above provided. If the Tenant Licensee remains in the Premises beyond after the expiration or earlier termination of this LeaseAgreement without Licensor's consent, unless otherwise agreed to in writing by Licensor, during such holding over holdover period the License Fee shall be without right and shall not be deemed increase to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over an amount equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as 150% of the day License Fee payable hereunder immediately prior to the expiration or termination of this Lease; Agreement. Nothing in the provisions of this Paragraph 12 shall constitute Licensor's consent to any holdover by Licensee or shall impair Licensor's right to evict Licensee or exercise Licensor's other rights and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent remedies under this Agreement or under applicable law 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 sufferanceholdover.
Appears in 1 contract
Sources: License Agreement (Quovadx Inc)
Yield Up. At Tenant shall, at the expiration of the term or earlier termination of the term of this Lease: to , or upon any earlier reentry or retaking of possession of the Premises by Landlord and/or termination of Tenant’s right of possession and/or occupancy of the Premises, as applicable, 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling installed by or for Tenant wherever located), alterations (provided that, upon Tenant’s request, Landlord shall have notified Tenant at the time of Landlord’s consent to such Alterations that removal of such Alterations would be required upon the expiration or earlier termination of this Lease), signs and improvements made (or if applicable, restore any items removed) by it or on behalf of Tenant as Landlord may request (including computer and telecommunications wiring and cablingrequest, 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; to repair all damage caused by such removal removal; and to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to removeremove at the time of its consent, as set forth above), broom-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, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that requests, Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such installationwiring and cabling for future use, alteration, and surrender such wiring and cabling in a good and safe condition on or improvement may remain in before the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at (i) the expiration or earlier termination of the term of this Lease. Notwithstanding anything to , or (ii) the contrary contained herein, date on which Tenant shall have no obligation to remove any discontinues the use of Landlord’s Worksuch wiring and cabling. Any property not so removed 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 Landlord the 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 or earlier termination of the term of this Lease and prior to its the performance by Tenant of its obligations under this subsection Subsection 6.1.9. Notwithstanding the preceding provisions of this Subsection 6.1.9, Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenantnot be required to remove or restore any of the initial Landlord’s failure and delay in surrendering the Premises as above provided. If the Tenant remains Work installed in the Premises beyond upon the expiration or earlier termination of this the 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.
Appears in 1 contract
Sources: Lease (Prometheus Biosciences, Inc.)
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at Upon the expiration or earlier termination of this Lease, Landlord Tenant shall thereafter not be permitted surrender the Premises in good repair and condition with proper fill of any previously excavated areas. Tenant shall further have the right, in Tenant’s sole discretion, to request or require that remove such of its trade fixtures, machinery, equipment and other personal property (herein sometimes collectively called “Tenant’s Property”) which neither constitute part of nor are necessary for the same be removed operation of Seller’s System, at any time prior to the expiration or earlier sooner termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s WorkTerm. Any property of Tenant’s Property not so removed 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. Tenant shall pay the cost of repairing any damage to the Premises which occurs during removal of Tenant’s Property from the Premises. Tenant shall notify Landlord in writing not later than one (1) year prior to expiration of the Term, specifying those items of Tenant’s Property that Tenant intends to remove from the Premises. Tenant shall also, at its sole cost and expense, (i) provide Landlord with an Environmental Report dated within thirty (30) Days of the termination of the Term (the “Termination Date”) certifying that, subject to customary limitations and standards, the Premises do not contain any Hazardous Materials (as hereinafter defined), that were released, spilled or discharged thereon by Tenant and (ii) provide notice to governmental authorities and/or the Landlord that any licenses or permits granted with respect to the Premises should be transferred, as directed by Landlord, to Landlord or another party, and Tenant shall pay cooperate with Landlord, at Landlord’s reasonable expense, to transfer such permits and licenses. An “Environmental Report” shall be a report of an industrial hygienist, or other qualified professional, reasonably satisfactory to Landlord the entire cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and replacements for which all testing shall have been performed no later than thirty (30) Days prior to the Premises date of such report and which shall be the standard of diligence at the time for use surrender of similar space used for similar purposes, together with any additional investigation and occupancy during the period after the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9report which would customarily follow any discovery contained in such initial report. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and or delay in surrendering the Premises as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over which indemnity, however, shall be without right and shall not be deemed subject to create any tenancy, but the Tenant shall be a tenant at sufferance only at a daily holdover rate provisions of rent during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as Article XXIII of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferanceAgreement.
Appears in 1 contract
Yield Up. 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, including the furniture systems and equipment leased to Tenant as part of the Initial Premises, unless this Lease is terminated earlier and Landlord elects that such furniture is to remain 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 made by it 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; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal subject to reasonable wear and tear and damage by casualty exceptedand taking. Tenant, at the time of making any installation, alteration, or improvement, may request in writing Landlord’s written permission to leave the same such installation in the Premises at the expiration of or earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same such installation be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate rent and Additional Rent on account of Operating Costs and Taxes last due other charges in effect under this Lease 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.
Appears in 1 contract
Sources: Office Lease (Exa Corp)
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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; to repair all damage caused by such removal and peaceably 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, repair and repair condition and in which Tenant is obliged to keep and maintain the Premises by the provisions of this Leasecompliance with all applicable Legal Requirements, normal reasonable wear and tear and damage by fire or casualty or taking by eminent domain only excepted, and to deliver to Landlord all keys to the Premises or any part thereof. TenantAny alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at the which time title shall pass to Landlord under this Lease as if by a ▇▇▇▇ of making sale, unless Landlord elects otherwise and notifies Tenant to remove any installation, alteration, or improvement, may request in writing Landlord’s written permission such tenant improvements at any time prior to leave the same in the Premises at the expiration of earlier termination of this Leasethe Lease Term. Landlord shallNotwithstanding the foregoing, after receipt of any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment shall remain Tenant’s request, notify property and shall be removed by Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Upon demand by Landlord, Tenant that such installationshall remove, alterationat Tenant’s sole cost and expense, or improvement may remain forthwith and with all due diligence (but in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted any event prior to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything Lease Term), any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the contrary contained herein, Premises or the Building or the Business Park caused by such removal. In the event Tenant shall have no obligation fails so to remove any such alterations, additions and improvements or fails to repair any such damage to the Premises, the Building or the Business Park, Landlord may do so and collect from Tenant the cost of Landlord’s Work. Any property not so removed 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 Landlord the entire cost and expense incurred by it in effecting such removal and disposition and repair 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferanceaccordance with Section 7.8 hereof.
Appears in 1 contract
Sources: Lease Agreement (Avici Systems Inc)
Yield Up. At Tenant shall, at the expiration of the term or earlier termination of the term 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed) by it or on behalf of Tenant as Landlord may request (including computer and telecommunications wiring and cablingrequest, 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; to repair all damage caused by such removal removal; and to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-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, normal damage by casualty and ordinary wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies requests by notice to Tenant that such installation, alteration, or improvement may remain in the Premises at not later than ninety (90) days prior to the expiration or any earlier termination of the term of this Lease, Landlord and in the absence of such notification by such date such right shall thereafter not be permitted to request void (time being of the essence), Tenant, at its sole cost and expense, shall properly cap or require that seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the same be removed at earlier of (i) the expiration or earlier termination of the term of this Lease. Notwithstanding anything to , or (ii) the contrary contained herein, date on which Tenant shall have no obligation to remove any discontinues the use of Landlord’s Worksuch wiring and cabling. Any property not so removed 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 Landlord the 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 or earlier termination of the term of this Lease and prior to its the performance by Tenant 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. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.
Appears in 1 contract
Yield Up. At the expiration of the term 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 initial plans Final Plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it as Landlord may request (including computer and telecommunications all wiring and cabling; to remove all rooftop equipment, it being understood that if Tenant leaves and such wiring installations and cabling in a useable conditionalterations made by it, including the TIW, as Landlord had designated for removal at the time of Landlord’s approval of such installations or alterations, although having the right to request removal thereof, is less likely to so request) as set forth below and all Tenant’s signs wherever located; to repair all damage caused by such removal and restore any damaged areas to normal office finishes standard for the Building; and to yield up the Premises (including all installations and improvements made by Tenant (which shall be intact and in good working order, reasonable wear and tear and casualty damage excepted) except for Tenant’s trade fixtures and such of said installations or improvements as Landlord shall request have requested Tenant to remove)remove at the time of plan approval as set forth below. Landlord reserves the right to require removal of any alterations for which plans were not required pursuant to the provisions of Section 6.2.5 of this Lease, if Tenant had failed to so request Landlord’s designation for removal as set forth in Section 6.2.5. Tenant shall surrender the Premises broom-clean and in the condition the same good order and repair were in which Tenant is obliged to keep and maintain on the Premises by the provisions of this LeaseCommencement Date, normal reasonable wear and tear and casualty damage excepted. Tenant, at the time of making requesting Landlord’s approval of any installations or alterations in the Premises, including the TIW and any Tenant’s Work Change Orders (whether or not plans are required for the installation, alteration, or improvement, may ) shall request in writing Landlord’s written permission to leave the same in the Premises that Landlord designate which such installations or alterations must be removed at the expiration of or earlier termination of this Lease. Landlord shall, after After receipt of Tenant’s request, Landlord shall notify Tenant in writing as to whether which such installation, alteration installations or improvement may or may not remain in alterations must be removed from the Premises at the expiration or earlier termination of this Lease. If Landlord does not indicate that a particular installation must be removed, then Landlord shall not later have the right to request its removal. Likewise, if Tenant, when making any installations or alterations, fails to so notifies Tenant that request in writing whether Landlord will require removal of such installation, installation or alteration, then Landlord reserves the right to require Tenant to remove the installation or improvement may remain in the Premises alteration at the expiration or earlier termination end of this Leasethe Term. With respect to the TIW, Tenant need not make a formal written request; however, Landlord shall thereafter not shall, as part of its approval of the Schematic Design Plans provide a preliminary summary of which items, if any, it requires be permitted to request or require removed. Landlord will provide Tenant with a progress summary of items designated for removal as soon as practical following receipt of the Design Development Permitting/Pricing Plans, taking into consideration that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any resulting Final Plans may necessitate amendment of Landlord’s Worksummary of items that require end of term removal. In any event, Landlord agrees to be reasonable in determining whether any installation or alteration must be removed and agrees to limit its removal requirements to those installations or alterations that Landlord deems specialized for Tenant’s use and not typical for normal office tenant use (such as specialty process electrical systems, chillers, generators, and nitrogen tanks, by way of example, but not finishes and architectural elements included in the TIW). Any property required to be removed that is not so removed 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 Landlord the 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 6.1.9Premises. 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 fewer than thirty (30) days beyond the expiration or earlier termination of this Lease. 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 holdover rate equal to one and one-half (1.5) times the Rent in effect under this Lease as of rent during the day prior to the date of expiration of this Lease, for the first thirty (30) days of such holding over equal to one over, and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, thereafter at a daily rate equal to of two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due in effect 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.
Appears in 1 contract
Sources: Office Lease (Avid Technology, Inc.)
Yield Up. At (a) To yield up and surrender possession of the Premises to Landlord at the expiration of the term 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 from 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)remove all Tenant’s Telecommunications Equipment and wires and cables installed by or on behalf of Tenant; to remove such installations made by it Specialty Alterations installed in the Premises after the Date of this Lease 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 accordance with the right to request removal thereof, is less likely to so request) provisions of this Section 6.1.9 and all Tenant’s signs wherever located; to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by Tenant Tenant, except for trade fixtures and such of said such 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, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 determine. Tenant shall pay reimburse Landlord for the 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 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 for use specifications in connection with any Alterations, Landlord will notify Tenant as to which of the proposed installations and occupancy during the period after improvements constitute Specialty Alterations which Tenant will be required to remove at the expiration of the term and prior to its performance of its obligations under this subsection 6.1.9. Term provided that Tenant shall further indemnify Landlord against all loss, cost include the following legend in capitalized and damage resulting from bold type displayed prominently on the top of the first page of Tenant’s failure notice delivered concurrently with such plans and delay in surrendering the Premises as above provided. 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 SPECIALTY ALTERATIONS AT THE END OF THE TERM OF THE LEASE.”
(b) If the Tenant remains in the Premises beyond the expiration of the Term 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 the rent set forth in this Section 6.1.9(b) and otherwise upon the terms and conditions set forth in this Lease. If possession of the Premises (or any part thereof) is not surrendered to Landlord on the expiration or earlier termination of this Lease, then (i) Tenant shall pay to Landlord for each month (or any portion thereof) prior to the date on which Tenant actually surrenders possession of the Premises, a daily holdover rate of rent during the first thirty (30) days of such holding over sum equal to one hundred and one-half fifty percent (1 1⁄2150%) times of the Monthly Fixed Rent Rate Rent, Additional Rent, and Additional Rent on account of Operating Costs and Taxes in effect other charges payable under this Lease as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due as of the day prior to immediately preceding the date of expiration or earlier termination of this Lease, and shall otherwise be on (ii) if possession of the terms and conditions Premises (or any part thereof) is not surrendered to Landlord by the date which is ninety (90) days after the expiration or earlier termination of this Lease as applicableLease, except that in no event then Tenant also shall any extension optionindemnify and hold harmless Landlord from and against all damages (direct, right of first offer or right of first refusalconsequential, or similar right indirect) arising out of or option be deemed applicable to resulting from such tenancy at sufferanceholding over.
Appears in 1 contract
Sources: Lease (Tokai Pharmaceuticals Inc)
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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; to repair all damage caused by such removal and, with regard to any portion of the Premises which was in an open-office configuration as of the Commencement Date, to restore the Premises to an open-office configuration if requested by Landlord and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty excepted. Tenant, at the time of making any installation, alteration, or improvement, may request in writing Landlord’s written permission to leave the same such installation in the Premises at the expiration of or earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same such installation be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate rent and Additional Rent on account of Operating Costs and Taxes last due other charges in effect under this Lease 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.
Appears in 1 contract
Sources: Lease Agreement (Infraredx Inc)
Yield Up. 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 initial plans if Tenant has made no installations change to the architectural floor plan of the Premises after the Commencement Date); to remove such installations made by it Tenant as Landlord may request designate for removal at the time that Landlord approves such installations (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; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal reasonable wear and tear and casualty excepted. Tenant, at the time of making any installation, alteration, or improvement, may request in writing Landlord’s written permission to leave the same such installation in the Premises at the expiration of or earlier termination of this Lease. Landlord shall, after receipt of Tenant▇▇▇▇▇▇’s request, notify Tenant in writing as to whether such installation, alteration or improvement installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same such installation be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed pursuant to this provision 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 Landlord the 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 Tenant▇▇▇▇▇▇’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due under this Lease 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.
Appears in 1 contract
Yield Up. At the expiration of the term or earlier termination of this Lease: to , Tenant shall 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 initial plans if Tenant has made no installations after the Commencement Date); to property, remove such installations made by it 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; to repair all damage caused by such removal 's signs, and to yield up the Premises (including all Tenant's installations and improvements made by Tenant except for trade fixtures and such of said installations or improvements as those which Landlord shall request requested Tenant to remove), broom-) broom clean and in the same good order order, repair and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of under this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any 's property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and within thirty (30) days may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the 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 6.1.9determine. Tenant shall further indemnify indemnifies Landlord against all loss, cost and damage damage, including without limitation reasonable attorneys' fees and costs resulting from Tenant’s 's failure and delay in surrendering the Premises. If Tenant's failure to surrender the Premises as above provided. If required hereunder renders the Premises unavailable for use by another tenant (for example, where Tenant or another person claiming under Tenant remains in occupancy or Tenant or other such person has caused, permitted or suffered the contamination of, the Premises beyond or areas adjacent thereto with a Hazardous Substance), Tenant shall be deemed in holdover status while such state of facts continues to exist and shall be liable under Section 13 in addition to all other liability under the expiration or earlier termination of this Lease, such holding over including this Section.
8.6.1 What are intended to be Fixtures. Equipment, improvements and appurtenances attached to or built into the Premises prior to or during the Term shall be without right and remain part of the Premises and are intended as real estate fixtures and shall not be removed by Tenant unless otherwise expressly provided in this Lease or except as otherwise expressly provided in a separate written agreement signed by both Landlord and Tenant. All electrical, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, flooring, HVAC equipment and HVAC ducts shall be deemed to create any tenancybe real estate fixtures, but whether or not attached to or built into the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferancePremises.
Appears in 1 contract
Sources: Lease (Epix Medical Inc)
Yield Up. At the expiration of the term 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 initial plans Final Plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it as Landlord may request (including computer and telecommunications all wiring and cabling; to remove all rooftop equipment, it being understood that if Tenant leaves and such wiring installations and cabling in a useable conditionalterations made by it, including the TIW, as Landlord had designated for removal at the time of Landlord, although having the right to request removal thereof, is less likely to so request’s approval of such installations or alterations (as set forth below) and all Tenant’s signs wherever located; to repair all damage caused by such removal and restore any damaged areas to normal office finishes standard for the Building; and to yield up the Premises (Premises, including all installations and improvements made by Tenant (which shall be intact and in good working order, reasonable wear and tear and casualty damage excepted), except for Tenant’s trade fixtures and such of said installations or improvements as Landlord shall request have requested Tenant to remove)remove at the time of plan approval as set forth below. Landlord reserves the right to require removal of any alterations for which plans were not required pursuant to the provisions of Section 6.2.5 of this Lease, if Tenant had failed to so request Landlord’s designation for removal of such alterations as set forth in Section 6.2.5. Tenant shall surrender the Premises broom-clean and in the condition the same good order and repair were in which Tenant is obliged to keep and maintain on the Premises by the provisions of this LeaseCommencement Date, normal reasonable wear and tear and casualty damage excepted. Tenant, at the time of making requesting Landlord’s approval of any installations or alterations in the Premises, including the TIW and Tenant’s Work Change Orders (whether or not plans are required for the installation, alteration, or improvement, may ) shall request in writing Landlord’s written permission to leave the same in the Premises that Landlord designate which such installations or alterations must be removed at the expiration of or earlier termination of this Lease. Landlord shall, after After receipt of Tenant’s request, Landlord shall notify Tenant in writing as to whether which such installation, alteration installations or improvement may or may not remain in alterations must be removed from the Premises at the expiration or earlier termination of this Lease. If Landlord does not indicate that a particular installation must be removed, then Landlord shall not later have the right to request its removal. Likewise, if Tenant, when making any installations or alterations, fails to so notifies Tenant that request in writing whether Landlord will require removal of such installation, installation or alteration, then Landlord reserves the right to require Tenant to remove the installation or improvement may remain in the Premises alteration at the expiration or earlier termination end of this Leasethe Term. With respect to the TIW, Tenant need not make a formal written request; however, Landlord shall thereafter not shall, as part of its approval of the Schematic Design Plans provide a preliminary summary of which items, if any, it requires be permitted to request or require removed. Landlord will provide Tenant with a progress summary of items designated for removal as soon as practical following receipt of the Design Development Permitting/Pricing Plans, taking into consideration that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any resulting Final Plans may necessitate amendment of Landlord’s Worksummary of items that require end of term removal. In any event, Landlord agrees to be reasonable in determining whether any installation or alteration must be removed and agrees to limit its removal requirements to those installations or alterations that Landlord deems specialized for Tenant’s use and not typical for normal office tenant use (such as specialty process electrical systems, chillers, generators, nitrogen tanks, by way of example, but not finishes and architectural elements included in the TIW). Any property required to be removed that is not so removed 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 Landlord the 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 6.1.9Premises. 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 fewer than thirty (30) days beyond the expiration or earlier termination of this Lease. 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 holdover rate equal to one and one-half (1.5) times the Rent in effect under this Lease as of rent during the day prior to the date of expiration of this Lease, for the first thirty (30) days of such holding over equal to one over, and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, thereafter at a daily rate equal to of two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due in effect 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.
Appears in 1 contract
Sources: Office Lease (Avid Technology, Inc.)
Yield Up. At the expiration of the term 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 initial plans Final Plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it as Landlord may request (including computer and telecommunications all wiring and cabling; to remove all rooftop equipment, it being understood that if Tenant leaves and such wiring installations and cabling in a useable conditionalterations made by it, including the TIW, as Landlord had designated for removal at the time of Landlord, although having the right to request removal thereof, is less likely to so request’s approval of such installations or alterations (as set forth below) and all Tenant’s signs wherever located; to repair all damage caused by such removal and restore any damaged areas to normal office finishes standard for the Building; and to yield up the Premises (Premises, including all installations and improvements made by Tenant (which shall be intact and in good working order, reasonable wear and tear and casualty damage excepted), except for Tenant’s trade fixtures and such of said installations or improvements as Landlord shall request have requested Tenant to remove), remove at the time of plan approval as set forth below. Landlord reserves the right to require removal of any alterations for which plans were not required pursuant to the provisions of Section 6.2.5 of this Lease if Tenant had failed to so request Landlord’s designation for removal as set forth in Section 6.2.5. Tenant shall surrender the Premises broom-clean and in the condition the same good order and repair were in which Tenant is obliged to keep and maintain on the Premises by the provisions of this LeaseCommencement Date, normal reasonable wear and tear and casualty damage excepted. Tenant, at the time of making requesting Landlord’s approval of any installations or alterations in the Premises, including the TIW and any Tenant’s Work Change Orders (whether or not plans are required for the installation, alteration, or improvement, may ) shall request in writing Landlord’s written permission to leave the same in the Premises that Landlord designate which such installations or alterations must be removed at the expiration of or earlier termination of this Lease. Landlord shall, after After receipt of Tenant’s request, Landlord shall notify Tenant in writing as to whether which such installation, alteration installations or improvement may or may not remain in alterations must be removed from the Premises at the expiration or earlier termination of this Lease. If Landlord does not indicate that a particular installation must be removed, then Landlord shall not later have the right to request its removal. Likewise, if Tenant, when making any installations or alterations, fails to so notifies Tenant that request in writing whether Landlord will require removal of such installation, installation or alteration, then Landlord reserves the right to require Tenant to remove the installation or improvement may remain in the Premises alteration at the expiration or earlier termination end of this Leasethe Term. With respect to the TIW, Tenant need not make a formal written request; however Landlord shall thereafter not shall, as part of its approval of the Schematic Design Plans provide a preliminary summary of which items, if any, it requires be permitted to request or require removed. Landlord will provide Tenant with a progress summary of items designated for removal as soon as practical following receipt of the Design Development Permitting/Pricing Plans, taking into consideration that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any resulting Final Plans may necessitate amendment of Landlord’s Worksummary of items that require end of term removal.. In any event, Landlord agrees to be reasonable in determining whether any installation or alteration must be removed and agrees to limit its removal requirements to those installations or alterations that Landlord deems specialized for Tenant’s use and not typical for normal office tenant use (such as specialty process electrical systems, chillers, generators, nitrogen tanks, by way of example, but not finishes and architectural elements included in the TIW. Any property required to be removed that is not so removed 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 Landlord the 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 6.1.9Premises. 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 fewer than thirty (30) days beyond the expiration or earlier termination of this Lease. 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 holdover rate equal to one and one-half (1.5) times the Rent in effect under this Lease as of rent during the day prior to the date of expiration of this Lease, for the first thirty (30) days of such holding over equal to one over, and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, thereafter at a daily rate equal to of two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due in effect 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.
Appears in 1 contract
Yield Up. At the expiration of the term Term or earlier termination of this Lease: to surrender all keys to the Premises; , to remove all of its trade fixtures furnishings, fixtures, equipment and other personal property now or hereafter located in the Premises; , purchased or leased by Tenant with its own funds, which are not affixed to deliver to the Building or Land or which Landlord stamped architectural plans showing has agreed in writing that Tenant may remove at the Premises at yield up (which may be expiration of the initial plans if Tenant has made no installations after the Commencement Date); Term, to remove such installations made by it ▇▇▇▇▇▇ as Landlord may request (including computer provided that Landlord may only make such request for items that are not included in the initial Tenant's Work or that are not typical and telecommunications wiring customary for first class office buildings in the greater Boston area and cabling, it being understood that if Tenant leaves all such wiring and cabling in a useable condition, Landlord, although having requests shall be made at the right to request removal thereof, is less likely to so requesttime of Landlord approval of such installation) and all Tenant’s 's signs wherever located; , to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by Tenant Tenant, except for trade fixtures 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, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, 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 Landlord the 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 and for use and occupancy during the period Premises. For each day after the expiration of the term Term, or the earlier termination of this Lease, and prior to its Tenant's performance of its obligations obligation to yield up the Premises under this subsection 6.1.9Section 5.1.10, Tenant shall pay to Landlord as rent an amount equal to 150% of the Fixed Rent computed on a daily basis, together with all Additional Rent payable with respect to each such day. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and ▇▇▇▇▇▇'s delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.
Appears in 1 contract
Sources: Net Lease (Millipore Corp /Ma)
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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 in any event including the Compactor and Nitrogen Tank, including any associated equipment, as such terms are defined in Section 6.2.4 below) and all Tenant’s signs wherever located, including the Facade Sign and Monument Sign Panel; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the 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 Tenant’s failure and delay in surrendering the Premises as above providedprovided if Tenant holds over past the expiration or earlier termination of the Term (the “Holdover Indemnity”). Notwithstanding the forgoing, in the event that Tenant, no earlier than forty-five and no later than thirty (30) days prior to the scheduled expiration of Term, provides Landlord with a written notice inquiring as to whether Landlord has leased, or is involved in negotiations to lease, the Premises or any part thereof to a third party, then Landlord shall provide Tenant with a written notice regarding the same (a “Holdover Notice”). In the event that Landlord indicates in the Holdover Notice that Landlord has a signed letter of intent or a lease for all or a portion of the Premises, or is engaged in negotiations with a potential tenant for all or a portion of the Premises as evidenced by a written proposal or ongoing lease negotiations, then the Holdover Indemnity shall commence immediately upon the first day following the expiration of the Term if Tenant holds over. In the event that Landlord indicates in the Holdover Notice that none of the circumstances in the immediately preceding sentence then exists, then the Holdover Indemnity shall commence on the date that is thirty (30) days after the expiration of the Term if Tenant holds over. The inclusion of the preceding sentences in this Lease should not be construed as Landlord’s consent for Tenant to hold over, and shall not apply in the event that the Lease is terminated prior to the scheduled expiration date of the Term. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2½) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.
Appears in 1 contract
Yield Up. 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, surrender the Premises (including all Tenant Alterations and all replacements thereof, except such additions, alterations and other Tenant Alterations as Landlord and Tenant have agreed prior to surrender the installation of such Tenant Alterations that Tenant shall remove, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; to , remove all of its trade fixtures and personal property in the Premises; not permanently attached to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be and such trade fixtures and other property permanently attached to the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it Premises as Landlord may request (including computer and telecommunications wiring and cablingTenant have agreed prior to the installation of such Tenant Alterations that Tenant shall remove), 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 's signs wherever located; , in each case repairing damage to repair all damage caused by the Premises which results in the course of such removal removal. ▇▇▇▇▇▇▇▇ agrees that the initial Tenant Improvements to the extent permanently affixed to the Premises and to yield up the Premises (including all installations and improvements made extent approved by Tenant except for trade fixtures and such of said installations or improvements Landlord as Landlord required in Section 3.2.1, 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, normal wear and tear and casualty excepted. Tenant, at the time of making any installation, alteration, or improvement, may request in writing Landlord’s written permission to leave the same be left in the Premises at the expiration of earlier termination of this Leasethe Term. Landlord shallTenant shall have the right, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies time it requests approval for Tenant that Alterations (other than the initial Tenant Alterations), to ask Landlord's permission to leave such installation, alteration, or improvement may remain Tenant Alterations in the Premises place at the expiration or earlier termination end of this Lease, Landlord the Term (which permission shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained hereinunreasonably withheld) and if Landlord gives such permission, Tenant shall have no obligation not be required to remove any such Tenant Alterations at the end of Landlord’s Workthe Term. 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 personal 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 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferancePremises.
Appears in 1 contract
Yield Up. At Tenant shall, at the expiration of the term or earlier termination of the term 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations alterations, signs, additions or improvements (“Alterations”) made (or if applicable, restore any items removed) by it 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) and all Tenant’s signs wherever located; to repair all damage caused by such removal removal; and to vacate and yield up the Premises (including all installations and improvements made by Tenant Alterations except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-broom clean and in the same good order and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal reasonable wear and tear and damage by casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installationrequests, alterationTenant, at its sole cost and expense, shall properly cap or improvement may remain seal any wiring and cabling it shall have installed in the Premises at the expiration Premises, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at before the expiration or earlier termination of the term of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 reasonably determine and Tenant shall pay Landlord the entire reasonable 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 or earlier termination of the term of this Lease and prior to its the performance by Tenant of its obligations under this subsection 6.1.9Subsection 6.1.8. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and delay in surrendering Notwithstanding the Premises as above provided. If the Tenant remains in the Premises beyond the expiration or earlier termination preceding provisions of this Lease, such holding over shall be without right and Subsection 6.1.8 Tenant shall not be deemed required to create remove any tenancywiring or cabling nor shall Tenant be required to remove any other Alterations if (i) Tenant’s request for Landlord’s consent to make such Alterations contains a statement in capital letters advising Landlord that Landlord shall have waived its right to require removal of such Alterations at the end of the term unless Landlord’s consent to such Alterations contains a notice that removal at the end of the term is required, but the and (ii) Landlord does not so notify Tenant that removal shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferancerequired.
Appears in 1 contract
Yield Up. At the expiration of the term Term, or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures fixtures, machinery, equipment and personal property 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 ii) such other installations made by it as Tenant, (excluding wiring installed within the Premises or in the common areas of the Building), unless Landlord may request has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination and (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 requestiii) and all Tenant’s signs wherever located; (c) to repair all the damage caused by such removal removal, and (d) 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), Tenant) broom-clean and in the same good order and repair in which Tenant is obliged obligated to keep and maintain the Premises during the Term by the provisions of this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed timely 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 Landlord the entire cost and expense incurred by it in in: (i) effecting such removal and disposition disposition; and in (ii) making any incidental repairs and replacements to the Premises and Premises. Tenant shall pay for use and occupancy during the period after the expiration of the term Term and prior to its full performance of its obligations under this subsection 6.1.9Lease as set forth in Section 4.1. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from caused by Tenant’s failure and delay in surrendering the Premises as above provided. If Notwithstanding the foregoing, Landlord and Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and hereby agree that Tenant shall not be deemed obligated to create remove any tenancy, but the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over equal improvements approved by Landlord in writing pursuant to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferancewhich Landlord so agrees.
Appears in 1 contract
Yield Up. At the expiration of the term or earlier termination of this Lease: to Term, Tenant shall surrender all keys to the Premises; to , remove all of its trade fixtures and personal property in the Premises; , remove all Excluded Equipment (as defined the PSA) that it has elected to deliver retain pursuant to Landlord stamped architectural plans showing Section 2 of the Premises at yield up (which may be the initial plans if Tenant has made no installations after the Commencement Date); to PSA, remove such installations and improvements made by it Tenant after the Effective Date as Landlord may request (including computer have required to be removed at the expiration of the Term at the time of Landlord’s consent to such installations and telecommunications wiring and cablingimprovements, 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; to , remove in accordance with applicable laws any and all hazardous substances used, stored, or generated by Tenant in connection with its business operations at the Premises, and repair all damage caused by such removal (subject to the terms of this Section 10.9), and 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), fixtures) broom-clean and in the same good order and repair in condition which Tenant is obliged to keep and maintain the Premises by the provisions of under this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed by Tenant within seven (7) days following Landlord’s notice to Tenant of such failure of removal 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 Landlord the entire cost and expense incurred by it in effecting such removal and disposition and disposition. Landlord acknowledges that the sign structures on the Lot have been in making place for a number of years. Tenant agrees to use commercially reasonable efforts to minimize any incidental repairs and replacements damage to the Premises and sign structures caused by the removal of ▇▇▇▇▇▇’s signs or other identification of Tenant therefrom. ▇▇▇▇▇▇ agrees to provide Landlord with the scope of work for use and occupancy during the period after the expiration removal of the term and prior to its performance ▇▇▇▇▇▇’s signs from such sign structures before Tenant commences such removal. If, despite using such commercially reasonable efforts, any 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. If the signs or other identification of Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and shall cannot be deemed removed from the associated sign structure without damage to create any tenancysuch sign structure, but the Tenant shall then such sign structure may not be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 Leaseremoved by Tenant, and the parties shall otherwise be on agree upon a process to remove the terms and conditions of this Lease sign without removing the sign structure causing 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 sufferancelittle damage thereto as reasonably possible.
Appears in 1 contract
Sources: Lease (Haemonetics Corp)
Yield Up. 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; and 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 made by it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves unless such wiring and cabling is left in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s 's signs wherever located; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal reasonable wear and tear and damage by casualty excepted. Tenant, at the time of making any installation, alteration, or improvement, may request in writing Landlord’s 's written permission to leave the same such installation in the Premises at the expiration of or earlier termination of this Lease. Landlord shall, within ten (10) days after receipt of Tenant’s ▇▇▇▇▇▇'s request, notify Tenant in writing as to whether such installation, alteration or improvement installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same such installation be removed removed, disassembled or otherwise modified at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Workor otherwise. Any property not so removed in accordance with the provisions of this subsection shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s 's property, and may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.,
Appears in 1 contract
Sources: Lease (Oak Technology Inc)
Yield Up. At the expiration of the term Initial Term or Extension Terms, if exercised, or earlier termination of this Lease: to , Tenant shall 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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; to repair all damage caused by such removal and 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)Premises, 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, normal reasonable wear and tear tear, fire, casualty and casualty eminent domain taking 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the entire reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises. If Tenant holds over after expiration of the Initial Term or if exercised any Extension Term, without the Landlord’s consent, Tenant shall pay during such holdover period a sum equal to one hundred fifty percent (150%) of the higher of (a) Annual Rent (as in effect immediately prior to the holdover) or (b) the then Fair Market Rental Value of the Premises, prorated on a daily basis for each day Tenant continues to occupy some or all of 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 6.1.9hereof. Tenant In addition, ▇▇▇▇▇▇ shall further indemnify Landlord against all loss, cost and damage damage, direct and indirect, resulting from Tenant▇▇▇▇▇▇’s failure and delay in surrendering the Premises as above provided. If Notwithstanding the Tenant remains in the Premises beyond the expiration or earlier termination of this Leaseforegoing, such holding over shall be without right and shall not be deemed to create any tenancy, but the Tenant shall be have the right to hold over for a tenant at sufferance only at a daily holdover rate period of rent during the first thirty up to six (306) days of such holding over equal to one and one-half months by giving Landlord written notice not less than twelve (1 1⁄212) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day months prior to the expiration or termination of this Lease; and after the expiration of such 30-day Term specifying the holdover period, at in which event Tenant shall pay as Annual Rent during the specified holdover period a rate sum equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due as 125% of the day Annual Rent in effect immediately 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 sufferanceholdover period.
Appears in 1 contract
Sources: Lease (Gsi Group Inc)
Yield Up. At Upon the expiration of the term or earlier sooner termination of this Lease: to Agreement:
(a) Tenant shall vacate and surrender all keys to the Premises; to remove all of its trade fixtures and personal property in the Premises; to deliver Property to Landlord stamped architectural plans showing in substantially the Premises at yield up (same condition in which may be the initial plans if Tenant has made no installations after Property was in on the Commencement Date); , except as repaired, rebuilt, restored, altered or added to remove such installations made by it 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; to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by Tenant except for trade fixtures and such of said installations permitted 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 required by the provisions of this LeaseAgreement, normal reasonable wear and tear excepted (and casualty damage and Condemnation, in the event that this Agreement is terminated following a casualty or Condemnation in accordance with Article 10 or Article 11 excepted).
(b) Within sixty (60) days following the effective date of such expiration or earlier termination, Tenant will submit to Landlord an audited final accounting of Total Hotel Sales, Additional Rent and deposits to and withdrawals from the FF&E Reserve and all accounts between Landlord and Tenant through the effective date of such expiration or earlier termination, the cost of which audit shall be shared equally by Tenant and Landlord and shall not be an Operating Cost and shall be performed by Ernst & Young or another accounting firm selected by Tenant and approved by Landlord. Said final accounting shall be accompanied by a Financial Officer's Certificate and will promptly be submitted by Tenant to Landlord for its approval. Landlord shall not unreasonably withhold or delay its approval of the final accounting and any such disapproval shall contain reasonably detailed explanation for disapproval. Within thirty (30) days after delivery of such final accounting, the parties will make appropriate adjustments to any amounts previously paid or due under this Agreement.
(c) On the effective date of such expiration or earlier termination, Tenant will deliver to Landlord all Records of the Hotel, provided that Tenant may retain copies of any of the same for Tenant's records. Notwithstanding the foregoing, at Tenant will not be required to deliver to Landlord any information or materials (including, without limitation, software, database, manuals and technical information) which are proprietary property of Tenant.
(d) On the time effective date of such expiration or earlier termination, Tenant will deliver any and all keys or other access devices of the Property, to Landlord.
(e) On the effective date of such expiration or earlier termination Tenant will assign to Landlord or its designee, and Landlord or such designee will assume, all booking, reservation, service and operating contracts relating exclusively to the occupancy or operation of the Hotel and entered into in the ordinary course of business by Tenant. Landlord agrees to indemnify and hold Tenant harmless from liability or other obligations under any such agreements relating to acts or occurrences, including Landlord's or such designee's failure to perform, on or after the effective date of such assignment.
(f) Tenant will assign to Landlord or its designee any assignable licenses and permits pertaining to the Property and will otherwise reasonably cooperate with Landlord as may be necessary for the transfer of any and all licenses and permits pertaining to the Property or the Hotel to Landlord or Landlord's designee.
(g) Tenant shall release and transfer to Landlord any funds of Landlord which are held or controlled by Tenant.
(h) Landlord shall have the right to operate the Hotel without modifying the structural design of same and without making any installationMaterial Repair, alterationnotwithstanding the fact that such design or certain features thereof may be proprietary to Tenant or its Affiliates and/or protected by trademarks or service marks held by Tenant or an Affiliate, provided that such use shall be confined to the Hotel. Further, provided that the Hotel then satisfies the InterContinental brand standards (unless the Hotel fails to satisfy such brand standards due to a breach hereof by Tenant), Landlord shall be entitled (but not obligated) to operate the Hotel under the InterContinental name for a period of one (1) year following such termination or improvement, may request expiration in writing consideration for which Landlord shall pay the then standard franchise and system fees for such brand and comply with the other applicable terms and conditions of the form of franchise agreement then being entered into with respect to Intercontinental hotels.
(i) Tenant shall transfer to Landlord the telephone numbers used in connection with the operation of the Hotel (but not the InterContinental brand generally).
(j) Tenant shall cooperate with Landlord’s written permission 's or its designees' efforts to leave engage employees of the same in the Premises at the expiration of earlier termination of this Lease. Hotel.
(k) If requested by Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as prior to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Agreement, Tenant that shall continue to manage under the InterContinental brand after such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Leasefor up to one (1) year, Landlord on such reasonable terms (which shall thereafter not be permitted include an agreement to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, reimburse Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s propertyfor its reasonable out-of-pocket costs and expenses, and may be retained or removed reasonable administrative costs and disposed a management fee of by three percent (3%) of Total Hotel Sales) with respect to which Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferancereasonably agree.
Appears in 1 contract
Sources: Stock Purchase Agreement (Hospitality Properties Trust)
Yield Up. At Tenant shall, at the expiration of the term or earlier termination of the term 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations (including wiring and cabling wherever located), alterations, signs and improvements made (or if applicable, restore any items removed) by it or on behalf of Tenant as Landlord may request (including computer and telecommunications wiring and cablingrequest, 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; to repair all damage caused by such removal removal; and to vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request Tenant to remove), broom-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, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that requests, Tenant, at its sole cost and expense, shall properly cap or seal its wiring and cabling (wherever located) at each end, properly label such installationwiring and cabling for future use, alteration, and surrender such wiring and cabling in a good and safe condition on or improvement may remain in before the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at of: (i) the expiration or earlier termination of the term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Notwithstanding anything the preceding provisions of this Section 6.1.9, except for cabling, which Tenant shall remove if Landlord does not require the same to the contrary contained hereinbe capped and surrendered as hereinabove provided, Tenant shall have no obligation not be required to remove any of alterations made by it in the Premises if (i) Tenant’s request for Landlord’s Workconsent to make such alterations, contains a statement advising Landlord that Landlord shall be deemed to have waived its right to require removal of such alterations at the end of the term unless Landlord, at the time Landlord gives it consent, notifies Tenant that removal at the end of the term is required, and (ii) Landlord does not notify Tenant that removal shall be required. Any property not so removed 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 Landlord the 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 or earlier termination of the term of this Lease and prior to its the performance by Tenant 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. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferance6.1.
Appears in 1 contract
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises Premises, by the provisions of this Lease, normal wear and tear and loss by fire or other casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the 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 Tenant▇▇▇▇▇▇’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate rent and Additional Rent on account of Operating Costs and Taxes last due other charges in effect under this Lease 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.
Appears in 1 contract
Sources: Lease (Lemaitre Vascular Inc)
Yield Up. At the expiration of the term or earlier termination of this Lease: Lease (but subject, however, to the terms and provisions of the “Security Agreement” (hereinafter defined), Tenant shall surrender all keys to the Premises; to , remove all of its equipment, trade fixtures and other personal property in the Premises; to deliver to Landlord stamped architectural plans showing Premises (including any of the Premises at yield up (which may be Collateral under the initial plans if Tenant has made no installations after the Commencement DateSecurity Agreement); to , remove such installations and improvements made by it Tenant as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves in writing at the time Landlord approves such wiring and cabling in a useable condition, Landlord, although having the right to request removal thereof, is less likely to so request) installation and all Tenant’s signs exterior signs, if any, wherever located; to , repair all damage caused by such removal and to yield up the Premises (including all any installations and improvements made by Tenant except for trade fixtures and such which Landlord has not notified Tenant at the time of said installations Landlord’s approval must be removed at the expiration or improvements as Landlord shall request Tenant to remove), earlier termination of the Lease Term) 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 under this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the 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 Tenant’s performance of its obligations under this subsection 6.1.9Section 10.9. In no event, however, shall Tenant shall further indemnify Landlord against all lossremove any of the Approved Specialized Tenant Improvements. Notwithstanding anything herein to the contrary, cost and damage resulting from Tenant’s failure and delay in surrendering the Premises as above provided. If the Tenant remains in the Premises beyond ▇▇▇▇▇▇ agrees that, upon the expiration or earlier termination of this Leasethe Term, such holding over shall be without right and shall not be deemed to create any tenancy, but the (i) Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during deliver the first thirty (30) days of such holding over equal Premises to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes Landlord in substantial compliance with good manufacturing procedures then in effect or good laboratory procedures then in effect, as of and to the day extent such procedures are applicable to the manner in which the facility was utilized by Tenant immediately prior to the expiration or earlier termination of this Lease; the Term and after the expiration of such 30(ii) Tenant shall perform any necessary de-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due as contamination of the day prior Controlled Areas to ensure that the Premises are free of any hazardous substances from Tenant’s operations and shall provide customary documentation (including a testing report comparing the air testing results initially performed by Tenant upon commencement of its operations at the Premises to the date of air testing results performed after such de-contamination performed at the expiration or earlier termination of this Lease, and shall otherwise be on the terms and conditions of this Lease as applicable, except Term) to Landlord evidencing 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 sufferancede-contamination has been performed.
Appears in 1 contract
Sources: Lease (Avant Immunotherapeutics Inc)
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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; to repair all damage caused by such removal and peaceably 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, repair and repair condition and in which Tenant is obliged to keep and maintain the Premises by the provisions of this Leasecompliance with all applicable Legal Requirements, normal reasonable wear and tear and damage by fire or casualty excepted, and to deliver to Landlord all keys to the Premises or any part thereof. TenantAny alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at the which time of making title shall pass to Landlord under this Lease as if by a bi▇▇ ▇f sale, unless Landlord elects otherwise and notifies Tenant to remove any installation, alteration, or improvement, may request in writing Landlord’s written permission such tenant improvements at any time prior to leave the same in the Premises at the expiration of earlier termination of this Leasethe Lease Term. Landlord shallNotwithstanding the foregoing, after receipt of any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment shall remain Tenant’s request, notify property and shall be removed by Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Upon demand by Landlord, Tenant that such installationshall remove, alterationat Tenant’s sole cost and expense, or improvement may remain forthwith and with all due diligence (but in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted any event prior to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything Lease Term), any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the contrary contained herein, Premises or the Building or the Site caused by such removal. In the event Tenant shall have no obligation fails so to remove any such alterations, additions and improvements or fails to repair any such damage to the Premises, the Building or the Site, Landlord may do so and collect from Tenant the cost of Landlord’s Work. Any property not so removed 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 Landlord the entire cost and expense incurred by it in effecting such removal and disposition and repair 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferanceaccordance with Section 7.8 hereof.
Appears in 1 contract
Sources: Lease Agreement (One)
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at Upon the expiration or earlier termination of the Lease. Notwithstanding anything Term or Tenant’s right to possession of the contrary contained hereinPremises, Tenant shall have no obligation return the Premises to Landlord broom clean and in the same order and condition existing on the Lease Commencement Date (and with respect to any space added to the Premises, the condition of such space on the date of delivery of such space to Tenant), ordinary wear, only, excepted, subject, however, to the following provisions. Furthermore, Landlord shall not require Tenant to remove any Alterations (as defined in Section 3.5.1) installed in the Building by Tenant (collectively, “Tenant’s Installations”), unless such Tenant’s Alterations are special purpose installations such as interior staircases between floors, safes, high density filing systems, kitchens (not including accessory coffee stations), and the like, which are not customary in similar buildings, and Landlord specifies the items which are to be removed during its approval of the plans for such items. Further, Landlord will not specify removal of cabling, conduits, wiring, supplemental HVAC and the like. If Tenant desires to remove any such Tenant Installations or other items which Landlord may not require to be removed, Tenant may only remove such items upon receipt of Landlord’s Workapproval thereof. Any property not so removed If Landlord requires Tenant to remove Tenant’s Installations (or if Tenant has received approval to remove such items), then such removal shall be deemed abandoned done in a good and workmanlike manner; and, if Landlord so electsupon such removal, 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 Landlord restore the entire cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs and replacements Premises to its condition prior to the Premises and for use and occupancy during installation of such Tenant Installations (including, without limitation, repairing any damage caused by the period after the expiration removal 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 providedInstallations). If the Tenant remains in the Premises beyond Prior to the expiration or earlier termination of this Leasethe Term or Tenant’s right to possession of the Premises, 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 also remove its furniture, equipment, trade fixtures and other items of rent during personal property from the first thirty (30) days of Premises. If Tenant does not remove such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day items prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 Leasethe Term or Tenant’s right to possession of the Premises, Tenant shall be conclusively presumed to have conveyed the same to Landlord free and clear of any and all liens and security interests without further payment or credit by Landlord to Tenant; or at Landlord’s sole option such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant’s expense, without notice to Tenant and without obligation to compensate Tenant, and shall otherwise Landlord shall, prior to returning the Security Deposit to Tenant pursuant to Section 2.6 hereof, deduct the cost of such removal and disposal from the Security Deposit, with any costs thereof in excess of the Security Deposit to 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 paid by Tenant to such tenancy at sufferanceLandlord upon demand.
Appears in 1 contract
Sources: Lease Agreement (Acme Packet Inc)
Yield Up. At the expiration of the term Term or earlier termination of this Lease: to surrender all keys to the Premises; , to remove all of its trade fixtures furnishings, fixtures, equipment and other personal property now or hereafter located in the Premises; , purchased or leased by Tenant with its own funds, which are not affixed to deliver to the Building or Lot or which Landlord stamped architectural plans showing has agreed in writing that Tenant may remove at the Premises at yield up (which may be expiration of the initial plans if Tenant has made no installations after the Commencement Date); Term, to remove such installations made by it Tenant as Landlord may request (including computer and telecommunications wiring and cablingshall have requested at the time of their installation, 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; , to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by Tenant Tenant, except for trade fixtures 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, normal ordinary wear and tear and damage due to fire or other casualty or taking 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, 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 Landlord the 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 and for use and occupancy during the period Premises. For each day after the expiration of the term Term, or the earlier termination of this Lease, and prior to its Tenant’s performance of its obligations obligation to yield up the Premises under this subsection 6.1.9Section 5.1.10, Tenant shall pay to Landlord as rent an amount equal to twice the Fixed Rent in effect at the termination of the Lease computed on a daily basis, together with all Additional Rent payable with respect to each such day if this Lease were still in effect. 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. If Prior to the expiration of this Lease or within thirty (30) days after the earlier termination thereof, Landlord may undertake all steps necessary to obtain certifications from a reputable licensed environmental engineer satisfactory to Landlord (Tenant remains in hereby agreeing to cooperate with the same), which confirm that all Hazardous Materials have been removed from the Premises beyond and that the Premises may be reoccupied for light manufacturing, office or other commercial use or renovated without (i) taking any special precautions for such materials, (ii) incurring any special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of such materials, and (iii) incurring regulatory requirements or giving notice in connection with such materials. If such investigation discloses any violation by Tenant of its obligations under this Lease, Tenant shall promptly undertake any required work at Tenant sole expense, and shall reimburse Landlord upon demand for all out-of-pocket costs and expenses incurred by Landlord in connection with obtaining such certifications. Tenant’s obligations hereunder shall survive 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.
Appears in 1 contract
Yield Up. At the expiration of the term or earlier termination of this Lease: to , Tenant shall 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 initial plans if Tenant has made no installations after the Commencement Date); to property, remove such installations made by it 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; to repair all damage caused by such removal 's signs, and to yield up the Premises (including all Tenant's installations and improvements made by Tenant to the Building during the Term and also including such of Tenant's fixtures as are identified on Exhibit 5 hereto, except for those which Landlord requested Tenant to remove and except for Tenant's other fixtures, including without limitation trade fixtures and such of said installations or improvements as Landlord equipment not affixed in any manner to the Premises, which at all times are Tenant's property and shall request Tenant to remove), broom-be removed) broom clean and in the same good order order, repair and repair condition in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of under this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any 's property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, and within thirty (30) days may be retained or removed and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the 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 6.1.9determine. Tenant shall further indemnify indemnifies Landlord against all loss, cost and damage damage, including without limitation attorneys' fees and costs resulting from Tenant’s 's failure and delay in surrendering the Premises. If Tenant's failure to surrender the Premises as above provided. If required hereunder renders the Premises unavailable for use by another tenant (for example, where Tenant or another person claiming under Tenant remains in occupancy or Tenant or such other person has caused, permitted or suffered the contamination of, the Premises beyond or areas adjacent thereto with a Hazardous Substance), Tenant shall be deemed in holdover status while such state of facts continues to exist and shall be liable under Section l3 in addition to all other liability under the expiration or earlier termination of this Lease, such holding over including this Section.
8.6.1 What are Intended to be Fixtures. Equipment, fixtures, improvements and appurtenances attached to or built into the Premises prior to or during the Term shall be without right and remain part of the Premises and are intended as real estate fixtures and shall not be deemed to create any tenancy, but removed by Tenant unless otherwise expressly provided in this Lease or except as otherwise expressly provided in a separate written agreement signed by both Landlord and Tenant contemporaneously with or after the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination execution of this Lease; . All electric, plumbing, heating and after the expiration of such 30-day periodsprinkling systems, at a rate equal to two (2) times the Monthly Fixed Rent Rate fixtures and Additional Rent on account of Operating Costs outlets, vaults, panelling, molding, shelving, radiator enclosures, flooring, HVAC equipment and Taxes last due as of the day prior to the date of expiration or earlier termination of this Lease, and HVAC ducts 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 sufferancebe real estate fixtures, whether or not attached to or built into the Premises.
Appears in 1 contract
Sources: Lease (Epix Medical Inc)
Yield Up. At the expiration of the term Term or earlier termination of this Lease: to surrender all keys to the Premises; , to remove all of its trade fixtures furnishings, fixtures, equipment and other personal property now or hereafter located in the Premises; , purchased or leased by Tenant with its own funds, which are not affixed to deliver to the Building or Land or which Landlord stamped architectural plans showing has agreed in writing that Tenant may remove at the Premises at yield up (which may be expiration of the initial plans if Tenant has made no installations after the Commencement Date); Term, to remove such installations made by it 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) and all Tenant’s 's signs wherever located; , to repair all damage caused by such removal and to yield up the Premises (including all installations and improvements made by Tenant Tenant, except for trade fixtures 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, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed shall be deemed abandoned and, if Landlord so elects, deemed to be Landlord’s property, 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 Landlord the 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 and for use and occupancy during less the period net value, if any, realized by Landlord by the sale of any such abandoned Property. For each day after the expiration of the term Term, or the earlier termination of this Lease, and prior to its Tenant's performance of its obligations obligation to yield up the Premises under this subsection 6.1.9Section 5.1.10, Tenant shall pay to Landlord as rent an amount equal to twice the Fixed Rent computed on a daily basis, together with all Additional Rent payable with respect to each such day. Tenant shall further indemnify Landlord against all loss, cost and damage resulting from Tenant’s failure and 's delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.
Appears in 1 contract
Yield Up. 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, surrender the Premises (including all Tenant Work, and all replacements thereof, except such additions, alterations and other Tenant Work as Landlord may have directed in advance of their installation and otherwise in accordance with this Lease, to surrender be removed at the end of the expiration or termination of this Lease, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; to , remove all of its trade fixtures and personal property in the Premises; not bolted or otherwise attached to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be and such trade fixtures and other property bolted or attached to the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it Premises as Landlord may request (including computer have directed in advance of their installation and telecommunications wiring and cablingotherwise in accordance with this Lease to be removed at the end of the expiration or termination of this Lease), 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 damage to repair all damage caused by the Premises and Property which results in the course of such removal and restoring the Premises and Property to a fully functional and tenantable condition (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) except in each case for ordinary wear and tear. 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 order order, repair and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Leasecondition, normal reasonable wear and tear and damage by casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything and taking (to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Workextent 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, 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 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferancePremises.
Appears in 1 contract
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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 in any event including the Compactor and Nitrogen Tank, including any associated equipment, as such terms are defined in Section 6.2.4 below) and all Tenant’s signs wherever located, including the Facade Sign and Monument Sign Panel; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the 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 Tenant▇▇▇▇▇▇’s failure and delay in surrendering the Premises as above providedprovided if ▇▇▇▇▇▇ holds over past the expiration or earlier termination of the Term (the “Holdover Indemnity”). Notwithstanding the forgoing, in the event that Tenant, no earlier than forty-five and no later than thirty (30) days prior to the scheduled expiration of Term, provides Landlord with a written notice inquiring as to whether ▇▇▇▇▇▇▇▇ has leased, or is involved in negotiations to lease, the Premises or any part thereof to a third party, then Landlord shall provide Tenant with a written notice regarding the same (a “Holdover Notice”). In the event that Landlord indicates in the Holdover Notice that Landlord has a signed letter of intent or a lease for all or a portion of the Premises, or is engaged in negotiations with a potential tenant for all or a portion of the Premises as evidenced by a written proposal or ongoing lease negotiations, then the Holdover Indemnity shall commence immediately upon the first day following the expiration of the Term if ▇▇▇▇▇▇ holds over. In the event that Landlord indicates in the Holdover Notice that none of the circumstances in the immediately preceding sentence then exists, then the Holdover Indemnity shall commence on the date that is thirty (30) days after the expiration of the Term if ▇▇▇▇▇▇ holds over. The inclusion of the preceding sentences in this Lease should not be construed as Landlord’s consent for Tenant to hold over, and shall not apply in the event that the Lease is terminated prior to the scheduled expiration date of the Term. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2½) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.
Appears in 1 contract
Sources: Office Lease (Desktop Metal, Inc.)
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it 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; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and loss by fire or other casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed 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 Landlord the 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 Tenant’s failure and delay in surrendering the Premises as above provided. Tenant shall not be required to remove any of Landlord’s Work, but Tenant may, at its option and with at least thirty (30) days prior notice to Landlord, remove any of the fixtures, property or equipment that are a part of the TIW provided that, following such removal, Tenant repairs all damage caused by removal and the portion of the Premises from which such item was removed is left in a fully functional condition. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate rent and Additional Rent on account of Operating Costs and Taxes last due other charges in effect under this Lease 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.
Appears in 1 contract
Yield Up. 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, surrender the Premises (including all Tenant Work and all replacements thereof, except ▇▇▇▇▇▇'s trade fixtures and personal property and except such additions, alterations and other Tenant Work as Landlord may direct to surrender be removed, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises; to , remove all of its trade fixtures and personal property in the Premises; not bolted or otherwise attached to deliver to Landlord stamped architectural plans showing the Premises at yield up (which may be and such trade fixtures and other property bolted or attached to the initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it Premises as Landlord may request (including computer and telecommunications wiring and cablingdirect), 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 's signs wherever located; , in each case repairing damage to repair all damage caused by the Premises which results in the course of such removal and restoring the Premises to a fully functional and tenantable condition (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). Tenant may, at the time Tenant requests approval of any Tenant Work, ask Landlord whether such Tenant Work will be required to be removed at the expiration of the Term. If Landlord does not indicate in response to such an inquiry that such Tenant Work will be subject to removal, then Landlord may not require its removal at the expiration of the Term. 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 order order, repair and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Leasecondition, normal reasonable wear and tear and damage by casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything and taking (to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Workextent 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, 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 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 Tenant’s failure and delay in surrendering the Premises as above provided. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferancePremises.
Appears in 1 contract
Yield Up. At the expiration of the term Term, or earlier termination of this Lease: (a) to surrender all keys to the Premises; (b) to remove (i) all of its trade fixtures fixtures, machinery, equipment and personal property 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 ii) such other installations made by it as Landlord may request Tenant, (including computer wiring installed within the Premises or in the common areas of the Building), unless Landlord has otherwise agreed in writing that such can remain in the Premises upon such expiration or termination 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(iii) and all Tenant’s signs wherever located; (c) to repair all the damage caused by such removal removal, and (d) 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), Tenant) broom-clean and in the same good order and repair in which Tenant is obliged obligated to keep and maintain the Premises during the Term by the provisions of this Lease, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Work. Any property not so removed timely 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 Landlord the entire cost and expense incurred by it in in: (i) effecting such removal and disposition disposition; and in (ii) making any incidental repairs and replacements to the Premises and Premises. Tenant shall pay for use and occupancy during the period after the expiration of the term Term and prior to its full performance of its obligations under this subsection 6.1.9Lease as set forth in Section 4.1. 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. If Notwithstanding the foregoing, Landlord and Tenant remains in the Premises beyond the expiration or earlier termination of this Lease, such holding over shall be without right and hereby agree that Tenant shall not be deemed obligated to create remove any tenancy, but the Tenant shall be a tenant at sufferance only at a daily holdover rate of rent during the first thirty (30) days of such holding over equal improvements approved by Landlord in writing pursuant to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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 sufferancewhich Landlord agrees may stay upon Tenant’s vacancy.
Appears in 1 contract
Yield Up. 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 initial plans if Tenant has made no installations after the Commencement Date); to remove such installations made by it as Landlord may request (including computer and telecommunications wiring and cablingcabling as Landlord may request, 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; to repair all damage caused by such removal and 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 and repair in which Tenant is obliged to keep and maintain the Premises by the provisions of this Lease, normal wear and tear and casualty excepted. Tenant, at the time of making any installation, alteration, or improvementinstallation in connection with Tenant’s “laboratory” use, may request in writing Landlord’s written permission to leave the same such installation in the Premises at the expiration of or earlier termination of this Lease. Landlord shall, within ten (10) days after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement installation may or may not remain in the Premises at the expiration or earlier termination of this Lease. With regard to any installations, alterations or additions made in connection with Tenant’s “laboratory” use of the Premises that Landlord has so designated for removal, Tenant shall remove such items and restore the applicable portion of the Premises to a shell condition. If Landlord so notifies Tenant that such installation, alteration, or improvement installation may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same such installation be removed removed, disassembled or otherwise modified at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Workor otherwise. Any property not so removed 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 Landlord the 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 Tenant’s failure and delay in surrendering the Premises as above provided, it being agreed that notwithstanding the foregoing, that Tenant shall not be liable for any consequential damages in the event that Tenant occupies the Premises for fewer than thirty (30) days beyond the expiration or earlier termination of this Lease. Except as specifically provided for in this Section 6.1.9, Tenant shall not be liable for any consequential damages under or for any 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 holdover rate of rent during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate rent and Additional Rent on account of Operating Costs and Taxes last due other charges in effect under this Lease 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.
Appears in 1 contract
Yield Up. At Tenant shall, at the expiration of the term or earlier termination of the Term of this Lease: to , (a) surrender all keys to the Premises; to (b) remove all of its trade fixtures and personal property in the Premises; to deliver to Landlord stamped architectural plans showing the Premises (c) remove, at yield up Landlord’s election, such installations, data center equipment, off-line fire suppression systems and other alterations, signs and improvements made (which may be the initial plans or if Tenant has made no installations after the Commencement Date)applicable, restore any items removed) by or on behalf of Tenant, wherever located; to (d) remove such installations made by it as Landlord may request (including computer and telecommunications wiring and cabling, it being understood that if Tenant leaves such all wiring and cabling in a useable conditioninstalled by or on behalf of Tenant, Landlord, although having the right to request removal thereof, is less likely to so request) and all Tenant’s signs wherever located; to (e) repair all damage caused by such removal removal; and to (f) vacate and yield up the Premises (including all installations installations, alterations, signs and improvements made by or on behalf of Tenant except for trade fixtures and such of said installations or improvements as Landlord shall request required to be removed by Tenant to remove)hereunder, broom-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, normal wear and tear and casualty 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 at the expiration of earlier termination of this Lease. Landlord shall, after receipt of Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies requires, by written notice given to Tenant that such installation, alteration, or improvement may remain in the Premises at the no later than thirty (30) days prior to expiration or earlier termination of this Lease, Landlord in lieu of Tenant’s removal obligation set forth in clause (d) above, Tenant, at its sole cost and expense, shall thereafter not be permitted to request properly cap or require that seal its wiring and cabling (wherever located) at each end, properly label such wiring and cabling for future use, and surrender such wiring and cabling in a good and safe condition on or before the same be removed at earlier of (i) the expiration or earlier termination of the Term of this Lease, or (ii) the date on which Tenant discontinues the use of such wiring and cabling. Notwithstanding anything Landlord shall respond in the affirmative or negative to the contrary contained herein, Tenant shall have no obligation to remove within thirty (30) days of any of request by Tenant for Landlord’s Workdetermination as to whether it shall require Tenant to cap or seal its wiring or cabling in lieu of Tenant’s removal obligation set forth in clause (d) above. Any property not so removed 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 Landlord the 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 or earlier termination of the term Term of this Lease and prior to its the performance by Tenant of its obligations under this subsection 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. 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 during the first thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day period, at a rate equal to two (2) times the Monthly Fixed Rent Rate and 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.
Appears in 1 contract
Sources: Lease (Liquid Holdings Group, Inc.)
Yield Up. At (a) Tenant shall yield up and surrender possession of the Premises to Landlord at the expiration of the term Term or earlier termination of this Lease: to surrender , free and clear of all keys to the Premises; to remove all of its trade fixtures tenants and personal property 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 made by it 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; to repair all damage caused by such removal and 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)occupants, 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, normal wear . Tenant shall surrender all keys to the Premises. Tenant shall remove all Specialty Alterations and tear Tenant’s Property from the Premises. Tenant shall remove all Tenant’s telecommunications equipment and casualty exceptedwires and cables installed by or on behalf of Tenant. Tenant, at the time of making any installation, alteration, or improvement, Tenant shall remove such other installations made by it as Landlord may request in writing Landlord’s written permission to leave the same in the Premises at the expiration of earlier termination of this Lease. Landlord shall, after receipt of and all Tenant’s request, notify Tenant in writing as to whether such installation, alteration or improvement may or may not remain in the Premises at the expiration or earlier termination of this Lease. If Landlord so notifies Tenant that such installation, alteration, or improvement may remain in the Premises at the expiration or earlier termination of this Lease, Landlord shall thereafter not be permitted to request or require that the same be removed at the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained herein, Tenant shall have no obligation to remove any of Landlord’s Worksigns wherever located. Any property not so removed 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 determine. Tenant shall pay reimburse Landlord the entire cost for all costs and expense expenses incurred by it Landlord in effecting such removal and disposition disposition, and in making any incidental repairs and replacements to the Premises after surrender thereof by Tenant. Without limiting the foregoing, upon request of Tenant, concurrent with the review of plans and for use specifications in connection with any Alterations, Landlord will notify Tenant as to which of the proposed installations and occupancy during improvements constitute Specialty Alterations which Tenant will be required to remove at the period 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 SPECIALTY ALTERATIONS AT THE END OF THE TERM OF THE LEASE.”
(b) If Tenant does not yield up and surrender the Premises or any part thereof 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. If the Tenant remains in the Premises beyond the expiration Term 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 the rent set forth in this Section 6.1.9(b) and otherwise upon the terms and conditions set forth in this Lease. If possession of the Premises (or any part thereof) is not surrendered to Landlord by the expiration or earlier termination of this Lease, then Tenant shall pay to Landlord for each month (or any portion thereof) prior to the date on which Tenant actually surrenders possession of the Premises a daily holdover rate charge calculated as follows: (i) for each day during which Tenant holds over in the Premises after the Expiration Date or sooner termination of rent during this Lease, through and including the first day which is thirty (30) days of such holding over equal to one and one-half (1 1⁄2) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes in effect as of the day prior to the expiration or termination of this Lease; and after the expiration of such 30-day periodthereafter, a per diem holdover charge calculated at a rate equal to two the greater of (2a) times the Monthly Fixed Rent Rate and Additional Rent on account of Operating Costs and Taxes last due as 150% of the day prior daily Fixed Rent, Additional Rent, and all other charges payable under this Lease for the last full calendar month of the Term, and (b) 150% of the then-applicable fair market rental value of the Premises (as determined by Landlord in its reasonable discretion); and (ii) if Tenant holds over in the Premises for more than thirty (30) days after the Expiration Date or sooner termination of this Lease, a per diem holdover charge calculated at a rate equal to the greater of (i) two hundred percent (200%) of the Fixed Rent, Additional Rent, and other charges payable under this Lease for the month immediately preceding the date of expiration or earlier termination of this Lease, or (ii) the then-fair market rental value of the Premises (as determined by Landlord in its reasonable discretion). In addition, to the maximum extent permitted by law, Tenant shall indemnify and shall otherwise be on hold harmless Landlord from and against all loss, cost, expense and damage (including all direct, consequential, and indirect damages) arising out of or resulting from Tenant’s failure to surrender the terms and conditions Premises by not later than the expiration of the Term or earlier termination 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 sufferanceLease.
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Sources: Lease (Kura Oncology, Inc.)