Common use of Costs and Fees; Removal Clause in Contracts

Costs and Fees; Removal. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time of Landlord’s consent to any Improvements or Alterations or in the case of Cosmetic Alterations, by written notice to Tenant within fifteen (15) days after Landlord’s receipt of Tenant’s notice of such Cosmetic Alterations, require Tenant at Tenant’s expense to remove such Improvements and other Alterations from the Premises, and to repair any damage to the Premises and the Project caused by such removal. However, Landlord may only require Tenant to remove Improvements or Alterations that are not typical build-outs for office Premises, provided that any internal stairwell shall not be considered to be a typical office Improvement or Alteration. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be required to remove any items of Landlord’s Work. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s plans, specifications, improvements, Alterations or otherwise shall be paid by Tenant at its sole cost and expense. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9, except as expressly provided in the first sentence of this Section 9(e).

Costs and Fees; Removal. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord mayshall, by written notice to Tenant given at the time of Landlord’s consent Landlord consents to any Improvements or Alterations or in the case of Cosmetic Alterations, inform Tenant whether Tenant shall be required Tenant to remove all partitions, counters, railings and other Alterations installed by written notice Tenant. If Tenant shall be required to Tenant within fifteen (15) days after Landlord’s receipt of Tenant’s notice of remove such Cosmetic Alterations, require then such removal shall be performed by Tenant at Tenant’s sole cost and expense to remove such Improvements and other Alterations from the Premises, and to Tenant shall repair any damage to the Premises and the and/or Project caused by such removal. However, Landlord may only require Tenant to remove Improvements or Alterations that are not typical build-outs for office Premises, provided that any internal stairwell shall not be considered to be a typical office Improvement or Alteration. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be required to remove any items of Landlord’s Work. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s plans, specifications, improvements, Alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/coordination fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9, except as expressly provided in the first sentence of this Section 9(e).

Costs and Fees; Removal. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time of Landlord’s consent to any Improvements or Alterations or in the case of Cosmetic Alterations, by written notice to Tenant within fifteen (15) days after Landlord’s receipt of Tenant’s notice of such Cosmetic Alterations, require Tenant at Tenant’s expense to remove such Improvements and or other Alterations from the PremisesPremises upon expiration or earlier termination of this Lease, and to repair any damage to the Premises and the Project caused by such removal. HoweverNotwithstanding any other provision of this Lease, Landlord may only require Tenant to remove Improvements or Alterations that are not typical build-outs for office Premises, provided that any internal stairwell shall not be considered to be a typical office Improvement or Alteration. Notwithstanding the foregoing, Landlord agrees that Tenant shall not not, however, be required to remove any items of Landlord’s Workthe existing (as of the date of this Lease) Tenant Improvements in the Premises or any Tenant Improvement shown on the Final Space Plan (as such term is defined in the Tenant Work Letter attached hereto as Exhibit “D” and incorporated herein by this reference). Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s plans, specifications, improvements, Alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/coordination fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9, except as expressly provided in the first sentence of this Section 9(e).

Costs and Fees; Removal. If permitted Alterations are made, they shall be made at Tenant’s 's sole cost and expense and shall be and become the property of LandlordLandlord upon the expiration or earlier termination of this Lease, except that Landlord mayshall, by upon receipt of written notice request from Tenant delivered concurrently with Tenant's request for Landlord's approval of any proposed Alterations (or, with respect to Tenant given at the time of Landlord’s consent to any Improvements or Alterations or in the case of Cosmetic Alterations, by concurrently with Tenant's delivery of written notice to Tenant within fifteen (15) days after Landlord’s receipt of Tenant’s notice of such Cosmetic Alterations), require inform Tenant whether Tenant shall be required, at Tenant’s expense 's expense, to remove such Improvements all partitions, counters, railings, cabling and other Alterations from installed by Tenant. Any such required removal shall be performed by Tenant upon the Premises, expiration or earlier termination of this Lease and to Tenant shall repair any damage to the Premises and the Project caused by such removal. However, Landlord may only require Tenant to remove Improvements or Alterations that are not typical build-outs for office Premises, provided that any internal stairwell shall not be considered to be a typical office Improvement or Alteration. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be required to remove any items of Landlord’s Work. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s 's plans, specifications, improvements, Alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9 (other than Cosmetic Alterations), Landlord shall be entitled to receive an administrative/coordination fee equal to three percent (3%) of the total cost of all work performed (including any architectural, design, construction consultant or engineering fees, permitting costs and any other soft costs) to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9, except as expressly provided in the first sentence of this Section 9(e).

Costs and Fees; Removal. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at prior to the time end of Landlord’s consent to any Improvements or Alterations or in the case of Cosmetic Alterations, by written notice to Tenant within fifteen (15) days after Landlord’s receipt of Tenant’s notice of such Cosmetic AlterationsTerm, require Tenant at Tenant’s expense to remove such all partitions, counters, railings, Improvements and other Alterations from the PremisesPremises which are not typical for general office use, and to repair any damage to the Premises and the Project caused by such removal. However; provided, Landlord may only require however, that (i) to the extent the initial Improvements constructed pursuant to the terms of the Tenant to remove Improvements or Alterations that Work Letter are not typical build-outs for general office Premisesuse, provided that any internal stairwell Tenant shall not be considered required to remove such initial Improvements; and (ii) in the event that Tenant’s request for approval of any Alteration or improvement (including, the initial Improvements or a change to the Approved Working Drawings (as defined in the Tenant Work Letter) which is not typical for general office use) shall include a request for designation by Landlord as to whether the same shall be required to be removed upon the expiration or earlier termination of this Lease in accordance with the foregoing terms, then Landlord shall make such designation, if at all, upon Landlord’s approval (if applicable) of the subject Alteration or improvement. In addition, Tenant shall have the right to request Landlord’s determination whether a typical office Improvement particular Alteration or Alterationimprovement will be required to be removed prior to the expiration or earlier termination of this Lease subsequent to Tenant’s installation thereof and Landlord shall thereafter promptly notify Tenant of Landlord’s determination. Notwithstanding any of the foregoing, Landlord agrees that however, Tenant shall not be required to remove any items of Landlord’s Workimprovements or Alterations which are typical for general office use. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s plans, specifications, improvements, Alterations or otherwise shall be paid by Tenant at its sole cost and expense; provided, however, that if changes to the common areas of the Project are required merely as the result of the fact that the cost or scope of Tenant’s Alterations trigger compliance by Landlord with new laws or regulations which are not specific to Tenant’s Alterations, Landlord shall be responsible for such changes and the cost thereof may be included in Operating Costs as provided in, and subject to, Section 3(c)(ii) above. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/coordination fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9, except as expressly provided in the first sentence of this Section 9(e).

Costs and Fees; Removal. If permitted Alterations are made, they shall be made at Tenant’s 's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at prior to the time end of Landlord’s consent to any Improvements or Alterations or in the case of Cosmetic Alterations, by written notice to Tenant within fifteen (15) days after Landlord’s receipt of Tenant’s notice of such Cosmetic AlterationsTerm, require Tenant at Tenant’s 's expense to remove such all partitions, counters, railings, cabling, Improvements and other Alterations from the PremisesPremises (including any of the same that were installed during the term of the Existing Lease, as defined in Article 34 below), and to repair any damage to the Premises and the Project caused by such removal. However, Landlord may only require Tenant to remove Improvements or Alterations that are not typical build-outs for office Premises, provided that any internal stairwell shall not be considered to be a typical office Improvement or Alteration. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be required to remove any items of Landlord’s Work. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s 's plans, specifications, improvements, Alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/coordination fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9, except as expressly provided in the first sentence of this Section 9(e).

Costs and Fees; Removal. If permitted Alterations are made, they shall be made at Tenant’s 's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at prior to the time end of Landlord’s consent to any Improvements or Alterations or in the case of Cosmetic Alterations, by written notice to Tenant within fifteen (15) days after Landlord’s receipt of Tenant’s notice of such Cosmetic AlterationsTerm, require Tenant at Tenant’s 's expense to remove such Improvements all partitions, counters, railings, cabling and other Alterations from the Premisesinstalled by Tenant, and to repair any damage to the Premises and the Project caused by such removal. However, Landlord may only require Tenant to remove Improvements or Alterations that are not typical build-outs for office Premises, provided that any internal stairwell shall not be considered to be a typical office Improvement or Alteration. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be required to remove any items of Landlord’s Work. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s 's plans, specifications, improvements, Alterations or otherwise shall be paid by Tenant at its sole cost and expense. Notwithstanding any contrary provision contained in this Lease, provided that Tenant repairs any damage caused by such removal, at Tenant's sole cost and expense, Tenant shall have the right to remove Tenant's personal property, fixtures and equipment from the Premises upon the expiration or earlier termination of this Lease, even if such items are affixed to the Premises. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9, except as expressly provided in the first sentence of this Section 9(e).

Costs and Fees; Removal. If permitted Alterations are made, they shall be made at Tenant’s 's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time of Landlord’s Tenant's request for consent to any Improvements or Alterations or in such Alteration (provided Tenant requests that Landlord make such determination at the case of Cosmetic Alterations, by written notice to Tenant within fifteen (15) days after Landlord’s receipt time of Tenant’s notice of such Cosmetic Alterations's request for consent), require Tenant at Tenant’s 's expense to remove such Improvements all partitions, counters, railings, cabling and other Alterations from the Premisesinstalled by Tenant, and to repair any damage to the Premises and the Project caused by such removal. However, Landlord may only require Tenant to remove Improvements or Alterations that are not typical build-outs for office Premises, provided that any internal stairwell shall not be considered to be a typical office Improvement or Alteration. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be required to remove any items of Landlord’s Work. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s 's plans, specifications, improvements, Alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/coordination fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9, except as expressly provided in the first sentence of this Section 9(e).

Costs and Fees; Removal. If permitted Alterations are made, they shall be made at Tenant’s 's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time of Landlord’s 's consent to any Improvements such Alteration or Alterations Improvement (provided Tenant requests that Landlord make such determination at the time of Tenant's request for consent) or in the case of Cosmetic Alterations, by written notice to Tenant within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's notice of such Cosmetic AlterationsAlterations (provided Tenant requests that Landlord make such determination at the time of Tenant's notice), require Tenant at Tenant’s 's expense to remove such Improvements and other Alterations from the PremisesPremises at the expiration or earlier termination of this Lease, and to repair any damage to the Premises and the Project caused by such removal. However, Landlord may only require Tenant to remove Improvements or Alterations that are not typical build-outs for office Premises, provided that any internal stairwell shall not be considered to be a typical office Improvement or Alteration. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be required to remove any items of Landlord’s Work. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s plans, specifications, improvements, 's Alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs required to be made by Tenant, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive a reasonable administrative/coordination fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work, provided such fee shall in no event exceed five percent (5%) of the cost of the work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9, except as expressly provided in the first sentence of this Section 9(e). Notwithstanding anything to the contrary in this Lease, Tenant shall have no obligation to remove any of the existing leasehold improvements in the Premises.

Costs and Fees; Removal. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at prior to the time end of Landlord’s consent to any Improvements or Alterations or in the case of Cosmetic Alterations, by written notice to Tenant within fifteen (15) days after Landlord’s receipt of Tenant’s notice of such Cosmetic AlterationsTerm, require Tenant at Tenant’s expense to remove such Improvements all partitions, counters, railings and other Alterations from the Premises, and to repair any damage to the Premises and the Project caused by such removal. However, Landlord may only require Tenant to remove Improvements or Alterations that are not typical build-outs for office Premises, provided that any internal stairwell shall not be considered to be a typical office Improvement or Alteration. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be required to remove any items of Landlord’s Work. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s plans, specifications, improvements, Alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Section 9, Landlord shall be entitled to receive an administrative/coordination fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article Section 9, except as expressly provided in the first sentence of this Section 9(e)9E. Notwithstanding anything to the contrary in this Lease or the Tenant Work Letter, Tenant shall not be required to remove and/or restore any of the initial Improvements installed pursuant to the terms of the Tenant Work Letter.