Lease of Premises. Upon and subject to all of the terms and conditions hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. The portions of the Project which are for the non-exclusive use of tenants of the Project are collectively referred to herein as the Common Areas. Landlord reserves the right to modify Common Areas, provided that such modifications do not materially adversely affect Tenants access to (other than on a temporary basis) or use of the Premises for the Permitted Use or Tenants parking rights hereunder (other than on a temporary basis). From and after the Commencement Date through the expiration of the Term, Tenant shall have access to the Building, the Premises and the parking areas serving the Project 24 hours a day, 7 days a week, except in the case of emergencies, as the result of Legal Requirements, the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, and otherwise subject to the terms of this Lease.
Surrender of Premises. No agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall deliver to Landlord all keys to the Premises, and Tenant shall deliver to Landlord the Premises in the same condition as existed on the date Tenant took possession under any lease or with any landlord thereof, ordinary wear and tear excepted. In addition, prior to the expiration of the Term or any sooner termination thereof, # Tenant shall remove such Alterations as Landlord shall request (even if installed with Landlords consent) and shall restore the portion of the Premises affected by such Alterations and such removal to its condition existing immediately prior to the making of such Alterations, # Tenant shall remove from the Premises all unattached trade fixtures, furniture, equipment and personal property located in the Premises, including, without limitation, phone equipment, wiring, cabling and all garbage, waste and debris, and # Tenant shall repair all damage to the Premises or the Project caused by any such removal including, without limitation, full restoration of all holes and gaps resulting from any such removal and repainting required thereby. All personal property and fixtures of Tenant not so removed shall, to the extent permitted under applicable Regulations, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items.
Access to Premises. From time to time as requested by Administrative Agent, at the cost and expense of Borrowers, # Administrative Agent or its designee shall have complete access to all of each Borrower’s and Guarantor’s premises during normal business hours and after notice to Lead Borrower, or at any time and without notice to Lead Borrower if an Event of Default exists or has occurred and is continuing, for the purposes of inspecting, verifying and auditing the Collateral and all of each Borrower’s and Guarantor’s books and records, including the Records (and at any time an Event of Default exists or has occurred and is continuing, a representative of one Lender may accompany Administrative Agent or its designee), and # each Borrower and Guarantor shall promptly furnish to Administrative Agent such copies of such books and records or extracts therefrom as Administrative Agent may request, and Administrative Agent or any Lender or Administrative Agent’s designee may use during normal business hours such of any Borrower’s and Guarantor’s personnel, equipment, supplies and premises as may be reasonably necessary for the foregoing and if an Event of Default exists or has occurred and is continuing for the collection of Receivables and realization of other Collateral. Administrative Agent shall not conduct more than # one (1) field examination with respect to the Collateral in any twelve (12) month period at the expense of Borrowers so long as Excess Availability shall be greater than or equal to the amount equal to twenty (20%) percent of the Total Borrowing Base, and # two (2) field examinations with respect to the Collateral in
Surrender of Premises. No act or thing done by or any agent or employee of during the Lease Term shall be deemed to constitute an acceptance by of a surrender of the Premises unless such intent is specifically acknowledged in writing by . The delivery of keys to the Premises to or any agent or employee of shall not constitute a surrender of the Premises or effect a termination of this Lease, whether or not the keys are thereafter retained by , and notwithstanding such delivery
Description of Premises. Effective as of the Expansion Date, [Exhibit B] attached to the Lease is deleted in its entirety and is replaced with the new [Exhibit B] attached to this Amendment.
Surrender of Premises. Tenant shall complete any Clean-up prior to surrender of the Premises upon the expiration or earlier termination of this Lease. Tenant shall obtain and deliver to Landlord a letter or other written determination from the overseeing governmental authority confirming that the Clean-up has been completed in accordance with all requirements of such governmental authority and that no further response action of any kind is required for the unrestricted use of the Premises (“ XE "Closure Letter" Closure Letter”). Upon the expiration or earlier termination of this Lease, Tenant shall also be obligated to close all permits obtained in connection with Hazardous Materials in accordance with Applicable Laws.
Condition of Premises. Tenant represents that the Premises, the sidewalks and structures adjoining the same, and any subsurface conditions thereof, and the present uses and non-uses thereof, have been examined by Tenant, and Tenant agrees that it will accept the same in the condition or state in which they, or any of them, now are, without representation or warranty, express or implied in fact or by law, by Landlord, and without recourse to Landlord as to the nature, condition or usability thereof, or the use or uses to which the Premises, or any part thereof, may be put.
Return of Premises. At the expiration or sooner termination of the term hereof, Tenant will remove from the Premises its property and that of all claiming under it and will peaceably yield up to Landlord the Premises in as good condition in all respects as the same were at the commencement of this Lease, ordinary wear and tear, damage by the elements, by any exercise of the right of eminent domain or by public or other authority, and by any casualty excepted.
No Acceptance of Premises. The fact that Tenant may, with Landlords consent, enter into the Project prior to the date Landlords Work is Substantially Complete for the purpose of performing Tenants Work shall not be deemed an acceptance by Tenant of possession of the Premises, but in such event Tenant shall defend with counsel reasonably acceptable by Landlord, indemnify and hold Landlord harmless from and against any loss of or damage to Tenants property, completed work, fixtures, equipment, materials or merchandise, and from liability for death of, or injury to, any person, caused by the act or omission of Tenant or any Tenant Party, except to the extent caused by the willful misconduct or gross negligence of Landlord Indemnified Parties.
Square Footage of Premises. Landlord and Tenant acknowledge that, due to the remeasurement of certain portions of the Premises, the size of the Initial Premises and the 3rd Floor Premises has been changed. Accordingly, Landlord and Tenant hereby stipulate that the 3rd Floor Premises shall be deemed to contain 4,291 square feet for the purposes of the Lease and this Amendment and the 11th and 12th floor portions of the Initial Premises shall each be deemed to contain 24,059 square feet (for a total of 48,118 square feet) for the purposes of the Lease and this Amendment. The size of the 14th Floor Premises remains unchanged at 9,117 square feet. Accordingly, the Premises shall be deemed to contain a total of 61,526 square feet for the purposes of the Lease and this Amendment.
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