Common use of Landlords and Tenants Property Clause in Contracts

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property), whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from such installation and/or removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, into the Premises prior to at the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 1110.3). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant. Notwithstanding the foregoing, unless they are being replaced or substituted by the Tenant with property of equal or better qualityImprovements shall not constitute Landlord’s Property. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), property and any Alterations that Landlord requires be removed pursuant to Section 1110.3, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from either or both of such installation and/or and removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default beyond any applicable cure period provided herein and under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord. The foregoing sentence shall not apply to Tenant’s inventory.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to (collectively, “Fixtures”) at the commencement ofof any Early Access, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires requests their removal (includingremoval. All movable non-structural partitions, but not limited tobusiness and trade fixtures, Alterations pursuant to Section 11). Furthermachinery and equipment, any personal property communications equipment and office equipment that are installed in the Premises on by, or for the Commencement Dateaccount of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable or otherwisepersonal property owned by Tenant and located in the Premises (collectively, unless installed and paid for by the “Tenant, ’s Property”) shall also constitute Landlord’s Property be and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with remain the property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this LeaseTenant. At or before the Expiration Date, or the date of any earlier terminationtermination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal propertyProperty, trade fixtures, machinery and equipment any Alterations (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenantexcept such items thereof as constitute Landlord’s Property”), Property unless Landlord otherwise directs) and any Alterations that Fixtures designated by Landlord requires be removed pursuant to Section 11, as requiring removal and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from such any installation and/or removalremoval thereof. Any other If any items of Tenant’s personal property that shall Property remain in at the Premises after following the Expiration Date, expiration or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such casethis Lease, such items shall automatically be deemed abandoned and Landlord may be retained by take any action whatsoever as Landlord as its property or be disposed may desire with respect to such remaining items of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profitProperty. Notwithstanding the foregoing, if Landlord and Tenant is in default under acknowledge and agree that upon termination or expiration of the terms Term of this the Lease, Tenant may remove Tenant’s personal property will be responsible for disassembling and removing the vault from the Premises only upon and restoring the express written direction affected area of Landlordthe Premises thereof to its condition prior to the installation of the vault.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to at the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant. For purposes of this Lease, unless they are being replaced any references to “Tenant’s Property” shall mean any personal property for which Tenant has itself paid or substituted by manufactured, together with any machinery and equipment for which Tenant with property of equal has paid and that is not attached to, or better qualitybuilt into, the Premises. In no event shall Tenant remove any of the following materials or equipment from the Premises without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Leaseequipment. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), Property and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from either or both of such installation and/or and removal. Any other items of Tenant’s personal property Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items of Tenant’s Property may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property Property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) 12.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises prior to at the commencement of, of or during the Term which relate to the operation term of the Building (but expressly excluding Tenant’s Property)this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant, except as provided in Section 12.02. Notwithstanding the foregoing provisions, upon notice to Tenant at no later than thirty (30) days prior to the Expiration Date unless or upon reasonable notice with respect to such earlier date upon which the term of this Lease shall expire, Landlord requires their removal may require Tenant to remove all or part of the foregoing fixtures, equipment, improvements and appurtenances attached to or built into the Premises during the term of this Lease; provided, however, that (i) Tenant shall not be obligated to remove any such fixtures, equipment, improvements and appurtenances installed prior to the date of this Lease, and (ii) subject to the terms of the penultimate sentence of this Section 12.01, Tenant’s obligation to remove fixtures, equipment, improvements and appurtenances installed after the date of this Lease shall be limited to non-standard items such as slab cuts (other than a de minimis amount of openings utilized by Tenant for conduit (including, but not limited to, Alterations pursuant to Section 11telecommunications conduit) or pipe chases within the Premises). Further, kitchens, vaults, supplemental HVAC units and chillers (but excluding any personal property ceiling-hung air handlers in the Premises Premises), private restrooms (but excluding any Alterations made to the core restrooms on the Commencement Datefloors of which the Premises are located), movable raised or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gatesreinforced flooring, or other similar building operating equipment items which are unusually difficult or expensive to remove (but excluding the Back-Up Power System and decorationsChiller Unit, except but in both cases only if Tenant has complied with its obligations with respect to the extent they are replaced or substituted Back-Up Power System and Chiller Unit as detailed in Section 40.02 below for the entire term hereof (following the installation of the Back-Up Power System and Chiller Unit, if applicable)) (collectively, “Specialty Alterations”). Tenant shall remove any such items required by Landlord pursuant to the preceding sentence from the Premises prior to the expiration of this Lease at Tenant’s expense. Notwithstanding anything to the contrary contained in this Section 12.01, without respect to whether Landlord provides the above-mentioned notice to Tenant, Landlord shall be deemed to have required (without any further notice) Tenant to remove any kitchens, cafeterias, dining facilities, vaults, raised flooring tiles or systems, internal staircases, slab cuts, generators (subject to the exclusion detailed above), uninterrupted power supply systems and preaction fire alarm systems and associated equipment, and antennas, satellite dishes and microwave communications facilities installed as any part of any Alterations performed in accordance with the terms by or on behalf of this LeaseTenant. At or before the Expiration Date, or the date of any earlier termination, Tenant, Upon such removal Tenant shall immediately and at its expense, shall remove from repair and restore the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), condition existing prior to installation and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from or the Building due to such installation and/or removal, ordinary wear and tear excepted. Any other items of Notwithstanding the foregoing provisions, it is hereby agreed that, subject to the terms and conditions detailed below, if this Lease expires on the initially-scheduled Expiration Date (as same may have been extended pursuant to Article 39 below), Landlord shall, on Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, behalf and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with following the Expiration Date (as extended) remove any such Specialty Alterations. As such, at least six (6) months prior to the Expiration Date (as same may be extended), Landlord shall provide an additional twenty one estimate (21%which estimate may include Landlord’s good-faith estimate of potential and/or actual lost rentals (not to exceed thirty (30) percent days of such costs for lost rentals) incurred by Landlord arising out of any delay in Landlord’s overhead delivery of the Premises, or any portion thereof, to a new tenant as a result of Tenant’s not removing such Specialty Alterations) of the out-of-pocket cost Landlord expects to incur in connection with the removal of said Specialty Alterations (the “Specialty Alterations Estimate”). No later than thirty (30) days following the giving of the Specialty Alterations Estimate (time being of the essence with respect to such date), Tenant shall pay to Landlord, the entire Specialty Alterations Estimate amount and profitTenant shall, thereafter be relieved from the obligation to remove such Specialty Alterations. Notwithstanding If Tenant fails to timely pay such Specialty Alterations Estimate, Landlord shall have no obligation to remove said Specialty Alterations and Tenant shall be required to remove same pursuant to the foregoing, if Tenant is in default under the terms applicable provisions of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of LandlordArticle 12.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, shell and core improvements and appurtenances attached to, or built into, the Premises prior as of the Commencement Date (including standard Building fixtures, equipment, and machinery that are not part of Initial Tenant Improvements or Tenant’s particular use, plans and specifications set forth under the Development Agreement) (subject to the commencement of, or during the Term which relate to the operation provisions of the Building (but expressly excluding Tenant’s Property), whether or not placed there by or at the expense of Tenant, this Section 12 contained below) shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless except for Alterations that Tenant makes during the Term that Landlord requires their removal (including, but not limited to, Alterations Alterations) pursuant to Section 11). FurtherAny personal property, trade fixtures, machinery, or equipment installed by Tenant at Tenant’s expense, including any personal property in the Premises on the Commencement Datesuch trade fixtures, movable improvements or otherwise, unless appurtenances installed and paid for by TenantTenant pursuant to Exhibit B-2 hereto or the Development Agreement, shall also constitute LandlordTenant’s Property property and shall not be removed by Tenant (at Tenant, unless they are being replaced or substituted by ’s cost) from the Premises at the Expiration Date (the “Tenant with property of equal or better qualityProperty”). In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): ) other than Tenant Property: any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), Tenant Property and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from such installation and/or removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.that

Landlords and Tenants Property. 12.01. (a) All fixturesTenant shall have the exclusive right, during the term of this lease, to use all equipment, machinery, equipmentinventory, improvements appliances and appurtenances attached to, or built into, other tangible personal property located in the Premises prior to as of the commencement of, or during the Term which relate to Commencement Date and used in connection with the operation of the Building (but expressly excluding Tenant’s Property)Premises. All fixtures, equipment, improvements, ventilation and air-conditioning equipment and appurtenances attached to or built into the Premises at the commencement of or during the term of this lease, whether or not placed there by or at the expense of Tenant (excluding the Building Systems (which are and shall remain the property of Landlord but which are subject to modification, change and/or replacement by Tenant in accordance with the terms of this lease) and Tenant's Property (which is and shall remain the property of Tenant)), shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this lease, be deemed the property of Landlord (the “Landlord’s Property”), without compensation representation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for warranty by Tenant, shall also constitute Landlord’s Property ) and shall not be removed by Tenant, unless they are being replaced or substituted by except as provided in Section 12.02. Notwithstanding the foregoing provisions, upon notice to Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent later than eighteen (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before 18) months after the Expiration Date, or Landlord, subject to the date provisions of any earlier termination, Tenant, at its expense, shall remove from the Premises all last sentence of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean roomsthis Section 12.01(a), whether or not bolted may require Tenant to reimburse Landlord for the actual and commercially-reasonable third-party out-of-pocket costs incurred by Landlord that are incremental to the floor removal of the Premises Specialty Alterations (“Tenant’s Property”)i.e., and any Alterations not the demolition costs that Landlord requires be removed pursuant would have otherwise incurred) if Landlord shall have theretofore elected to Section 11, remove any Specialty Alterations made by Tenant and Tenant shall to repair (and restore in a good and workmanlike manner to Landlord’s reasonable satisfaction) good condition any damage to the Premises resulting from or the Real Property caused by such installation and/or removal. Any removal (other items than due to the negligence of Tenant’s personal property any Landlord Party or Landlord contractor); provided, however, that if Tenant shall remain exercise its right pursuant to Article 36 to extend the term of this lease with respect to less than the entire Premises (herein called the "Partial Premises") or Tenant shall have exercised the Surrender Option, then, with respect to any Specialty Alterations located in or serving the Partial Premises after or the Surrender Space, as the case may be, the rights of Landlord contained in this sentence shall relate to the eighteen (18) month period following the extended Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises prior to the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Premises, whether or not placed there by or at the expense of TenantTenant (collectively, “Fixtures”), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with . All Fixtures constituting Tenant’s Improvements and Betterments shall be the property of equal Tenant during the Term and, upon expiration or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from such installation and/or removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove shall become the property of Landlord. All Fixtures (including, without limitation, Fixtures installed as part of the Tenant’s personal Initial Alterations) other than Improvements and Betterments shall, upon installation, be the property from of Landlord. “Tenant’s Improvements and Betterments” means (i) all Fixtures, if any, installed at the expense of Tenant, whether installed by Tenant or by Landlord (i.e., excluding any Fixtures paid for by Landlord directly or by way of an allowance) and (ii) all carpeting affixed to the Premises only upon (other than non-affixed area rugs). Notwithstanding the express written direction foregoing or any contrary provision contained in this Lease: (i) all Fixtures made at Tenant’s expense (i.e., those Fixtures not paid for with Landlord’s Contribution) shall be deemed owned by Tenant for the purposes of income taxes and Tenant shall have the right to depreciate the cost of such Fixtures, (ii) all Fixtures paid for with Landlord’s Contribution shall be deemed to be owned by Landlord for purposes of income taxes and Landlord shall have the right to depreciate the cost of such Fixtures, and (iii) in no event shall any Tenant’s Property be deemed Fixtures.

Landlords and Tenants Property. (a) All Except the generator, satellite dish, air units for computer room, Liebert units, trade fixtures associated specifically with the use of the Premises for purposes of a medical care facility, health fitness center, pharmacy, drug distribution center and items ancillary or related to the foregoing which shall remain the property of Tenant and which may be removed from the Premises by Tenant, all fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to at the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 1111.1). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by TenantTenant as part of furniture and equipment purchased with TI Allowance (as defined on Exhibit B), shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), property and any Alterations that Landlord requires be removed pursuant to Section 1111.1, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from either or both such installation and/or and removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default Default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) 12.01 All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises prior to at the commencement of, of or during the Term which relate to the operation term of the Building (but expressly excluding Tenant’s Property)this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (includingTenant, but not limited to, Alterations pursuant to except as provided in Section 11)12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute be and shall remain Landlord’s Property property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, unless they are being replaced upon notice to Tenant no later than one hundred eighty (180) days prior to the Expiration Date or substituted by upon reasonable notice with respect to such earlier date upon which the term of this Lease shall expire, Landlord may require Tenant with property of equal to remove all or better quality. In no event shall Tenant remove any part of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting foregoing fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing improvements and appurtenances attached to or security gatesbuilt into the Premises during the term of this Lease by identifying to Tenant in writing, any Alterations that will require restoration upon the expiration or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms sooner termination of this Lease. At or before the Expiration Date; provided, or however, that (i) Tenant shall not be obligated to remove any such fixtures, equipment, improvements and appurtenances installed prior to the date of this Lease, and (ii) Tenant’s obligation to remove fixtures, equipment, improvements and appurtenances installed after the date of this Lease shall be limited to items that are not of the type, quality or quantity of improvement that is customarily found in a standard office installation in first class office buildings in the midtown area of Manhattan in the City of New York, including, but not limited to, kitchens (which shall not included pantries), vaults, private restrooms, shower rooms and shower stalls, raised or reinforced flooring, staircases or supplemental HVAC equipment (except that Tenant shall not be required to remove ceiling hung supplemental air-conditioning units having a capacity of five (5) tons or less). Tenant shall remove any earlier termination, such items required by Landlord pursuant to the preceding sentence from the Premises prior to the expiration of this Lease at Tenant, ’s expense. Upon such removal Tenant shall immediately and at its expense, shall remove from repair and restore the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), condition existing prior to installation and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from or the Building due to such installation and/or removal. Any other items of At Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, maywritten request, at the option time of Landlord, be deemed ’s consent to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expenseAlterations, together with an additional twenty one Landlord will identify any Alterations specified in Tenant’s Plans that will require restoration (21%subject to the limitations contained in this Section 12.01) percent of such costs for Landlord’s overhead and profit. Notwithstanding upon the foregoing, if Tenant is in default under the terms expiration or sooner termination of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) 12.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises prior to at the commencement of, of or during the Term which relate to the operation term of the Building (but expressly excluding Tenant’s Property)this lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this lease, be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (includingTenant, but not limited to, Alterations pursuant to except as provided in Section 11)12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute be and shall remain Landlord’s Property property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, unless they are being replaced or substituted by upon notice to Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s later than thirty (30) days prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced Expiration Date or substituted pursuant upon reasonable notice with respect to Alterations performed in accordance with such earlier date upon which the terms term of this Lease. At lease shall expire, Landlord may require Tenant to remove, at Tenant’s cost and expense, any Specialty Alterations (as herein defined) installed on or before the Expiration Date, or after the date hereof by or on behalf of any earlier termination, Tenant, at its expense, shall remove from Tenant or anyone claiming by through or under Tenant and to repair and restore the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor condition existing prior to the making of the Premises (“Tenant’s Property”), said Specialty Alterations and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from or the Building due to such removal, unless if at the time Tenant requested Landlord’s consent to the installation and/or of the Specialty Alterations, Tenant requested Landlord to advise Tenant whether Landlord would require the removal of such Specialty Alterations and Landlord then advised Tenant that it would not require such removal. Any other items For the purposes hereof, “Specialty Alterations” shall mean Alterations consisting of Tenant’s personal property that shall remain in the Premises after the Expiration Datekitchens, or following an earlier termination dateexecutive bathrooms, mayraised computer floors, at the option of Landlordcomputer installations, be deemed to have been abandonedvaults, libraries, internal staircases, dumbwaiters, pneumatic tubes, vertical and horizontal transportation systems, and other Alterations of a similar character which are not Building-Standard in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlordnature.

Landlords and Tenants Property. 12.01. (a) All fixturesTenant shall have the exclusive right, during the term of this lease, to use all equipment, machinery, equipmentinventory, improvements appliances and appurtenances attached to, or built into, other tangible personal property located in the Premises prior to as of the commencement of, or during the Term which relate to Commencement Date and used in connection with the operation of the Building (but expressly excluding Tenant’s Property)Premises. All fixtures, equipment, improvements, ventilation and air-conditioning equipment and appurtenances attached to or built into the Premises at the commencement of or during the term of this lease, whether or not placed there by or at the expense of Tenant (excluding the Building Systems (which are and shall remain the property of Landlord but which are subject to modification, change and/or replacement by Tenant in accordance with the terms of this lease) and Tenant’s Property (which is and shall remain the property of Tenant)), shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this lease, be deemed the property of Landlord (the “Landlord’s Property”), without compensation representation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for warranty by Tenant, shall also constitute Landlord’s Property ) and shall not be removed by Tenant, unless they are being replaced or substituted by except as provided in Section 12.02. Notwithstanding the foregoing provisions, upon notice to Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent later than eighteen (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before 18) months after the Expiration Date, or Landlord, subject to the date provisions of any earlier termination, Tenant, at its expense, shall remove from the Premises all last sentence of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean roomsthis Section 12.01(a), whether or not bolted may require Tenant to reimburse Landlord for the actual and commercially-reasonable third-party out-of-pocket costs incurred by Landlord that are incremental to the floor removal of the Premises Specialty Alterations (“Tenant’s Property”)i.e., and any Alterations not the demolition costs that Landlord requires be removed pursuant would have otherwise incurred) if Landlord shall have theretofore elected to Section 11, remove any Specialty Alterations made by Tenant and Tenant shall to repair (and restore in a good and workmanlike manner to Landlord’s reasonable satisfaction) good condition any damage to the Premises resulting from or the Real Property caused by such installation and/or removal. Any removal (other items than due to the negligence of Tenant’s personal property any Landlord Party or Landlord contractor); provided, however, that if Tenant shall remain exercise its right pursuant to Article 36 to extend the term of this lease with respect to less than the entire Premises (herein called the “Partial Premises”) or Tenant shall have exercised the Surrender Option, then, with respect to any Specialty Alterations located in or serving the Partial Premises after or the Surrender Space, as the case may be, the rights of Landlord contained in this sentence shall relate to the eighteen (18) month period following the extended Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to at the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant. Not withstanding anything herein to the contrary, unless they are being replaced or substituted the exterior sign (the “sign”) placed on the Premises by Tenant with property shall not become Landlord’s Property and Tenant shall be required to remove sign upon expiration of equal or better qualitythe Term. In no event event~ shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), property and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from either or both such installation and/or and removal. Any other items of TenantXxxxxx’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in LandlordXxxxxxxx’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove TenantXxxxxx’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) All fixtures, machinery, equipmentequipment (excluding fixtures, machinery and equipment purchased by Tenant and used in Tenant’s operations), improvements and appurtenances attached to, or built into, the Premises prior to at the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property), whether or not placed there by or at the expense of TenantTerm, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal and Landlord advised Tenant in writing of such removal requirement prior to the installation being made (including, but not limited to, Alterations pursuant to Section 11); provided, however, that if Landlord does not receive advance notice of any such installation, Landlord may require its removal upon the expiration or termination of the Lease term. Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and installed, brought into the Premises and/or paid for by TenantTenant and/or or its employees, customers, affiliates and/or representatives, shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except decorations permanently affixed to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this LeasePremises. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), property and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from either or both such installation and/or and removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) 12.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises prior to at the commencement of, of or during the Term which relate to the operation term of the Building (but expressly excluding Tenant’s Property)this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (includingTenant, but not limited to, Alterations pursuant to except as provided in Section 11)12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute be and shall remain Landlord’s Property 's property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, unless they are being replaced upon notice to Tenant no later than thirty (30) days prior to the Expiration Date or substituted by upon reasonable notice with respect to such earlier date upon which the term of this Lease shall expire, Landlord may require Tenant with property to remove all or part of equal the foregoing fixtures, equipment, improvements and appurtenances attached to or better quality. In no event built into the Premises during the term of this Lease; provided, however, that (i) Tenant shall Tenant not be obligated to remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting such fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing improvements and appurtenances installed prior to the date of this Lease, and (ii) Tenant's obligation to remove fixtures, equipment, improvements and appurtenances installed after the date of this Lease shall be limited to non- standard items such as kitchens, vaults, private restrooms, raised or security gatesreinforced flooring, or other similar building operating equipment and decorations, except items which are unusually difficult or expensive to remove. Tenant shall remove any such items required by Landlord pursuant to the extent they are replaced or substituted pursuant preceding sentence from the Premises prior to Alterations performed in accordance with the terms expiration of this LeaseLease at Tenant's expense. At or before the Expiration Date, or the date of any earlier termination, Tenant, Upon such removal Tenant shall immediately and at its expense, shall remove from repair and restore the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), condition existing prior to installation and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from or the Building due to such installation and/or removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to at the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, but excluding all machinery, equipment and such fixtures purchased by Tenant not pertaining to the operating systems of the Building and pertaining to Tenant’s business, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), property and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from either or both such installation and/or and removal. Without respect to the portion of Tenant’s Property that is described as collateral pursuant to any third party financing for Tenant’s Property, Landlord agrees to waive any lien, statutory or otherwise, that Landlord may have with respect to such Tenant’s Property for the duration of such third party financing, provided, however, that such waiver shall not relieve Tenant of the obligation to remove Tenant’s Property from the Premises on a timely basis and provided further that Landlord’s waiver of lien shall not apply to any of Tenant’s Property that is not subject to or that is released from the lien created by the third party financing obtained by Tenant. Landlord agrees to execute a Landlord’s waiver in a form reasonably acceptable to Landlord, provided that Tenant’s Property is specifically described thereon and does not include any of Landlord’s Property and subject to the other terms and conditions of this Lease. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) All 12.1 Landlord's Property. Subject to Section 12.2 below, all fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to at the commencement ofof this Lease, including, but not limited to, the Tenant Funded Improvements and certain of the Tenant's Work Items, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “"Landlord’s 's Property”"), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires permits their removal (including, but not limited to, Alterations pursuant to Section 11)removal. Further, any personal property in the Premises on the Rent Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property be and shall remain the property of Landlord and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s 's prior written consent (which consent may be given or withheld in Landlord’s sole discretion): consent: any power wiring or power panels, lighting or lighting fixtures, the primary power source, wall or window coverings, attached carpets or other floor coverings, heaters, air conditioners or any other heating or air conditioning equipment (but excluding any special heating, ventilation or air conditioning systems not part of the HVAC equipmentsystems serving the Premises generally that are used in Tenant's archive, library, and paper seasoning areas, or the electronic pre-press control, or otherwise in its printing operations to the extent that Tenant paid for all of the cost thereof), permanent fencing or security gates, or other similar building operating equipment and decorations, except . Notwithstanding anything contained herein to the extent they are replaced contrary, upon the expiration or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from such installation and/or removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may shall not be required to remove Tenant’s personal property from any of the Premises only upon the express written direction of Landlorditems noted on Exhibit I hereto as "Tenant will not remove."

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to at the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). FurtherIn addition to the immediately preceding sentence, for purposes of this Lease, any personal references to “Tenant’s Property” shall mean any property for which Tenant has itself paid or manufactured, together with any machinery and equipment for which Tenant has paid and that is located in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better qualityPremises. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), Property and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from either or both of such installation and/or and removal. Any other items of Tenant’s personal property Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items of Tenant’s Property may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord13.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to by Landlord at the commencement of, or during during, the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property), whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property property, equipment or machinery (with the exception of Building mechanicals such as HVAC) installed by the Tenant in the Premises Premises, at Tenant’s cost, for purposes of the Permitted Use on or after the Commencement Date, movable or otherwise, unless installed and paid for by otherwise shall constitute Tenant, shall also constitute Landlord’s Property property and shall not be removed by Tenant. Notwithstanding anything to the contrary otherwise contained in the Lease, unless they are being replaced or substituted by Tenant with property of equal or better quality. In in no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), property and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from either or both such installation and/or and removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) 12.01 All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises prior to at the commencement of, of or during the Term which relate to the operation term of the Building (but expressly excluding Tenant’s Property)this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (includingTenant, but not limited to, Alterations pursuant to except as provided in Section 11)12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute be and shall remain Landlord’s Property property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, unless they are being replaced upon notice to Tenant no later than thirty (30) days prior to the Expiration Date or substituted by upon reasonable notice with respect to such earlier date upon which the term of this Lease shall expire, Landlord may require Tenant with property to remove all or part of equal the foregoing fixtures, equipment, improvements and appurtenances attached to or better quality. In no event built into the Premises during the term of this Lease; provided, however, that (i) Tenant shall Tenant not be obligated to remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting such fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing improvements and appurtenances installed prior to the date of this Lease, and (ii) Tenant’s obligation to remove fixtures, equipment, improvements and appurtenances installed after the date of this Lease shall be limited to non-standard items such as kitchens, vaults, private restrooms, raised or security gatesreinforced flooring, internal stairs, or other similar building operating equipment and decorations, except items which are unusually difficult or expensive to remove. Tenant shall remove any such items required by Landlord pursuant to the extent they are replaced or substituted pursuant preceding sentence from the Premises prior to Alterations performed in accordance with the terms expiration of this LeaseLease at Tenant’s expense. At or before the Expiration Date, or the date of any earlier termination, Tenant, Upon such removal Tenant shall immediately and at its expense, shall remove from repair and restore the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), condition existing prior to installation and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from or the Building due to such installation and/or removal. Any other If Landlord has instructed Tenant to remove any of the items listed above in this Section 12.01, then Tenant shall have the right, in lieu of Tenant’s personal property that shall remain in removing such items and restoring the Premises after Premises, to pay to Landlord an amount equal to 105% of the Expiration Datecost of removing such items and restoring the Premises, or following an earlier termination date, may, at the option of as such amount is reasonably determined by Landlord, be deemed . If Tenant elects to have been abandoned, Landlord perform such removal and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Leaserestoration work, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlordshall pay to Landlord such cost thereof prior to Landlord performing such work and within twenty (20) days after demand therefor.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to at the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord Landlord, as permitted by this Lease, requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further; provided, any that, Tenant’s diagnostic imaging equipment shall at all times remain Tenant’s personal property in and at no time under any circumstances (even if built into or attached to the Premises on the Commencement DatePremises) shall such equipment be deemed, movable or otherwisebecome, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better qualityProperty. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), property and any Alterations that Landlord requires be removed pursuant to Section 11, and ; Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from either or both such installation and/or and removal; and Tenant shall restore the Premises to a “broom clean” condition. Any other items of Tenant’s personal property (other than diagnostic imaging equipment) that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, after Landlord provides Tenant with thirty (30) days prior written notice, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) All Except for Tenant's equipment and trade fixtures whether or not placed there by or at the expense of Tenant, all fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to at the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property), whether or not placed there by or at the expense of TenantTerm, shall become and remain a part of the Premises; Premises and shall be deemed the property of Landlord (the “"Landlord’s 's Property”"), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s 's Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better quality. .] In no event shall Tenant remove any of the following materials or equipment without Landlord’s 's prior written consent (which consent may be given or withheld in Landlord’s ' s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s 's personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), property and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s 's reasonable satisfaction) any damage to the Premises resulting from either or both such installation and/or and removal. Any other items of Tenant’s 's personal property that shall propexxx xxat remain in the Premises after the Expiration Date, or following an earlier termination date, may, ,at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion 's soleand a bsxxxxx xxscretion and without accountability, at Tenant’s 's expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord00.