Key legal question
Whether the tenant remained bound to restore the premises to their original condition despite a proposed substitute tenant
Extracted holding
Yes. The lease was mutually terminated on 31 October 2006, so no substitute tenant could displace the tenant's contractual restoration duty.
Extracted reasoning
The parties clearly agreed to an early termination rather than a mere return of the premises under Art. 264 OR; once terminated, all future lease obligations ceased, but the agreed restoration duty due at handover remained enforceable under Art. 260a Abs. 2 OR.