Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 5 contracts
Samples: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Landlord may, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, expiration or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Tenant Improvements or Alterations or improvements which are not customary general office improvements, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Tenant Improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 4 contracts
Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and remain the property of Tenant, but shall, upon the expiration or earlier termination of this Lease, become the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to Tenant prior delivered at the time Landlord's consent to the end of the Lease Term, or given following any earlier termination of this LeaseAlteration was requested, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements such Alteration at the end of the Lease Term and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant's installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises. Notwithstanding the foregoing, which obligations of Tenant shall survive not be required to remove any alterations, improvements, fixtures, equipment, trade fixtures and/or appurtenances existing on the expiration or earlier termination of this LeaseLease Commencement Date. Tenant may remove equipment brought to the Premises by Tenant and not paid for by Landlord.
Appears in 4 contracts
Samples: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)
Landlord’s Property. All AlterationsLeasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant. Notwithstanding the foregoing, improvementssubject to Section 7.4, fixturesTenant, equipment and/or appurtenances which may be installed before the expiration or placed in or about the Premisesearlier termination hereof, from time to timeat its expense, and except as otherwise notified by Landlord, shall be at the sole cost of Tenant and remove any Tenant-Insured Improvements (other than any supplemental HVAC unit, which shall be and become the property of Landlord; providedgoverned by Section 25.5), however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any resulting damage to the Premises or Building, and Building caused by such removal and return restore the affected portion of the Premises to their its configuration and condition existing prior to before the installation of such Alterations or improvements orTenant-Insured Improvements; provided, at Landlord’s electionhowever, to a building standard tenant improved condition that if the estimated cost of such work, as reasonably determined by Landlord; provided; however, that notwithstanding exceeds $60,000.00, then Tenant shall not be required to perform such work, but shall instead reimburse Landlord for the foregoingreasonable actual cost of such work, upon request not to exceed $60,000.00, within 30 days after receiving demand therefor together with reasonable documentation thereof. If Tenant fails to timely perform any work required to be performed by Tenant under the preceding sentence, Landlord may perform such work at the time of Tenant’s request for expense. If, when it requests Landlord’s consent to approval of any Alteration Tenant Improvements or improvementAlterations, Tenant specifically requests that Landlord shall notify identify any such Tenant whether the applicable Alteration Improvements or improvement Alterations that Landlord will be required require to be removed pursuant to the terms of this Section 8.58, Landlord shall do so (subject to Section 7.4) when it provides such approval. If Nothing herein shall be deemed to (a) transfer to Landlord ownership of any of Tenant’s trade fixtures, furniture, equipment or other personal property installed in the Premises (“Tenant’s Property”), or (b) prohibit Tenant fails to complete such removal and/or to repair any from removing Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the removal of any Alterations its installation or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseremoval.
Appears in 4 contracts
Samples: Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and Tenant. Upon the expiration or early termination of the Lease Term, at Landlord’s election in its sole discretion, such Alterations, improvements, fixtures and/or equipment, or any of them, shall be and become the property of Landlord; provided, howeverexcept that Tenant shall retain ownership and be entitled to remove all fixtures and equipment paid for by Tenant’s own funds provided that Tenant repairs any damage to the Premises caused by such removal. Furthermore, Landlord may, by written notice to at the time of its approval of any such Alteration requested, require that Tenant prior to remove such Alterations, improvements, fixtures and/or equipment, or any of them, upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.
Appears in 4 contracts
Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Samples: Office Lease, Office Lease (Motricity Inc), Office Lease (Motricity Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Furthermore, Landlord may, by written notice to Tenant at least ninety (90) days prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Samples: Lease Agreement (Werewolf Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (subject to the provisions of Section 8.6, below) and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter Agreement shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however, Tenant may remove any Alterations, improvements (excluding the Improvements), fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for by any Improvement Allowance funds, provided that Tenant repairs any and all damage to the Premises or the Building caused in whole or in part by such removal, and returns the affected portion of the Building or the Premises to an as-improved building standard condition, as reasonably approved by Landlord. Furthermore, Landlord may, by written notice to Tenant Tenant, at least sixty (60) days prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements and located within the Premises, to repair any damage to the Premises and Building caused by such removal removal, and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations (including any Cosmetic Alterations), (x) Tenant requests Landlord's decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement when approving (or, if applicable, following notification of) such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Alterations or Cosmetic Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration such Alterations or improvementCosmetic Alterations, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required deemed to be removed pursuant have agreed to the terms [***] Confidential portions of this Section 8.5document have been redacted and filed separately with the Commission. waive the removal requirement with regard to such Alterations or Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Samples: Office Lease (Quality Systems Inc), Office Lease (United Pan Am Financial Corp), Office Lease (Quality Systems Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time Landlord consents to the end of the Lease Termsuch Alteration (or with respect to Alterations not requiring Landlord consent, or given following any earlier termination of this Leaseupon Tenant’s request for a determination), require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove any of the Tenant Improvements upon the expiration or earlier termination of this Lease.
Appears in 3 contracts
Samples: Lease Agreement, Lease (Synthorx, Inc.), Lease (Synthorx, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord (specifically excluding trade fixtures and the equipment installed by Tenant upon taking possession of the Premises), except that Tenant may remove any fixtures and/or equipment (e.g., additional HVAC or chillers) which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord; provided, howeverprovided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice Notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, (i) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant, and (ii) Tenant shall be deemed to be in holdover until such time as the removal and restoration is completed (and, accordingly, the terms of Article 16 of this Lease shall be applicable during such period). Tenant hereby protects, defends, indemnifies and holds the Landlord Parties harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Landlord shall not under any circumstances be liable to any equipment lessor or construction lender for loss or other impairment of their collateral.
Appears in 3 contracts
Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)
Landlord’s Property. All Alterationsalterations, additions, ------------------- fixtures and improvements, fixtureswhether temporary or permanent in character, equipment and/or appurtenances which may be installed or placed made in or about to the Premises by Landlord or Tenant (other than personal property and trade fixtures owned by Tenant), shall no later than the termination of this Lease, become part of the Property and Landlord's property. Upon termination of this Lease, Landlord shall have the right, at Landlord's option, by giving written notice to Tenant at any time before or within sixty (60) days after such termination, to retain all such alterations, additions, fixtures and improvements in the Premises, without compensation to Tenant, or to remove all such alterations, additions, fixtures and improvements from time the Premises, repair all damage caused by any such removal, and restore the Premises to timethe condition in which the Premises existed before such alterations, additions, fixtures and improvements were made, and if Landlord has the right to require Tenant to perform such work under section 6.3 or section 2.3 hereof, and Tenant failed to do so, Tenant ----------- ----------- shall be at pay to Landlord, upon billing by Landlord, the sole reasonable cost of such removal, repair and restoration (including any other reasonable, third party costs incurred by Landlord in connection with such removal). All movable furniture, equipment, trade fixtures, computers, office machines and other personal property shall remain the property of Tenant. Upon termination of this Lease, Tenant shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and shall other personal property from the Property and repair all damage caused by any such removal, and if not removed within thirty (30) days following termination of this Lease, such personal property shall, consistent with section 10.6 ------------ hereof, be deemed abandoned and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination . Termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to Lease shall not affect the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of pursuant to this Lease.section 7.2 to be performed after such termination. -----------
Appears in 2 contracts
Samples: Campus Lease (Monsanto Co /New/), Campus Lease (Monsanto Co /New/)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord (other than with respect to Tenant’s trade fixtures and equipment which Tenant can substantiate to Landlord have not been paid for with any improvement allowance funds provided to Tenant by Landlord, which may be removed by Tenant from the Premises provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord), and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any “Improvements,” as that term is defined in Section 2.1 of the Work Letter, located within the Premises and to replace the same Building standard improvements, and repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however. Notwithstanding the above, that notwithstanding in the foregoingevent that, upon request by Tenant at the time of Tenant’s request for LandlordTenant requests Xxxxxxxx’s consent to any Alteration Alterations, if Tenant also requests in writing a determination of whether Landlord will require restoration and/or removal of the particular Alterations or improvementportions thereof for which consent is being requested upon expiration or any earlier termination of this Lease, Landlord shall so notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5along with Landlord’s consent (if such consent is given). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)
Landlord’s Property. All AlterationsAny Alterations and other improvements and any equipment, improvementsmachinery, fixturesfurnishings and other property, equipment and/or appurtenances which may be permanently installed or placed in or about the Premises, from time to timethe Building or the Land by or on behalf of Landlord or Tenant (collectively, “Equipment”): (i) shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord at the end of the Term, and (ii) shall be surrendered to Landlord with the Premises as a part thereof at the end of the Term, except for Tenant’s Personal Property any Alterations and other improvements and any equipment, machinery, furnishings and other property performed or installed following the Lease Commencement Date for which Landlord requires removal (all of which Tenant shall remove prior to the Lease Expiration Date and Tenant shall repair any damage caused by such removal); provided, however, that Tenant may request that Landlord maydesignate any such removal requirements with respect to any Alterations and other improvements and any equipment, machinery, furnishings and other property performed or installed following the Lease Commencement Date, which request shall be made by written notice to Landlord at the time Tenant requests Xxxxxxxx’s approval for the applicable Alterations or other improvements or prior to the end installation of the Lease Termany equipment, machinery, furnishings and or given following any earlier termination of this Leasepersonal property. Except as set forth above, require Tenant, at Tenant’s expense, Tenant shall have no obligation to remove any Alterations or other improvements or any equipment, machinery, furnishings and other property, permanently installed in the Premises, the Building or the Land by or on behalf of Landlord or Tenant, except for Tenant’s Personal Property, on the Lease Expiration Date and Landlord agrees not to repair remove the Equipment unless and until the Lease terminates. Provided, however, Tenant may at any time remove all or any part of the Equipment as long as it repairs all damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior removal. Notwithstanding anything to the installation contrary in this Lease, in the event that this Lease terminates (without any election by either party), because of damage and destruction under Article 14 or condemnation under Article 16, any insurance proceeds actually received by Xxxxxxxx and solely and directly paid for Xxxxxx’s Equipment shall be paid by Landlord to Tenant upon receipt of such Alterations or improvements orproceeds by Landlord (provided, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of foregoing shall not impose any requirement on Landlord to insure Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this LeaseEquipment).
Appears in 2 contracts
Samples: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, Landlord may, by written notice to Tenant prior given at the time Landlord grants its consent to any Alteration (which notice shall specify the end of the Lease Term, or given following any earlier termination of this Leasereasonable grounds for such requirement), require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises upon the expiration or earlier termination of this Lease, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of Premises, provided that Tenant does not fulfill such Alterations or improvements or, if elected by obligation within ten (10) days following notice from Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost Actual Cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Artistdirect Inc), Office Lease (Equity Marketing Inc)
Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and shall be and become the property of Landlord excluding Tenant’s fixtures and equipment, including portable benches (other than ilab benches installed by Landlord as part of the Tenant Improvements which shall remain Landlord; provided’s property), howeverautoclaves, glasswashes, freezers, refrigerators, portable fume hoods, and biosafety cabinets. Furthermore, Landlord maymay require that Tenant remove any Alterations, by written notice to improvements, fixtures and/or equipment (other than the Tenant prior to Improvements) upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal; provided that Landlord notifies in writing that such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant will be required at the time of Tenant’s request for Landlord provides its consent to such Alterations, improvements, fixtures and/or equipment (or at the time Tenant notifies Landlord with respect to Alterations not requiring Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5consent). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.
Appears in 2 contracts
Samples: Lease (Applied Molecular Transport Inc.), Lease (Applied Molecular Transport LLC)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, subject to the terms of Section 8.2 of this Lease, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding . Notwithstanding the foregoing, upon request in no event shall Tenant be obligated to remove from the Premises (i) any typical general office tenant improvements, and (ii) the Tenant Improvements constructed by Landlord under the Tenant at Work Letter (provided that same are consistent with the time Space Plan referenced in the Tenant Work Letter as of the date of this Lease), provided that the foregoing shall not limit or reduce Tenant’s request for Landlord’s consent obligation to any Alteration or improvementremove “Lines,” as that term is defined in Section 29.31 of this Lease, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required subject to be removed pursuant to and in accordance with the terms of Section 29.31 of this Section 8.5Lease. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment ------------------- conduit, (excluding Tenant's Generator, generator enclosures, paralleling gear, DC plant or UPS system and Tenant HVAC Equipment, Liebert units and chillers [collectively, "Tenant's Trade Fixtures"]) and/or appurtenances which may be installed or placed in or about the Premises, from time to time, including any non-general office use improvements made at the time of Tenant's initial occupancy of the Premises, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverand shall be and remain part of the Premises and shall not be removed by Tenant at the end of the term of this Lease, unless Landlord agreed to its removal at the time Landlord consented to such Alteration. Such fixtures, alterations, additions, repairs, improvements and/or appurtenances shall include, without limitation, the Base, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures, plumbing systems, electrical systems, lighting systems, silencing equipment, switching conduit and cabling, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time Tenant requests Landlord's consent to the end of the Lease Termany Alteration pursuant to Section ------- 8.1 or Section 22, or given following any earlier termination of this Lease, --- ---------- require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements Alterations, improvements, fixtures, conduits and/or appurtenances (not including the initial Tenant Improvements to be constructed by Tenant pursuant to the Tenant Work Letter) in the Premises and Project, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, and Project to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Alterations, improvements, fixtures, conduits and/or appurtenances in the Premises and return Project, and returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, and Project to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures fixtures, conduit, and/or equipment appurtenances in, on or about the PremisesPremises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Telecommunications Office Lease (Equinix Inc), Telecommunications Office Lease (Equinix Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Landlord may, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, Lease require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing that existed prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding Alteration. Notwithstanding the foregoing, upon request by Tenant at the time Tenant, as part of Tenant’s its request for Landlord’s consent to any Alteration or improvementsuch Alterations may request Landlord’s designation as to whether Landlord will require such removal and repair. In the event Tenant makes such a request, Landlord shall notify Tenant whether make such designation at the applicable Alteration or improvement will be required to be removed pursuant to the terms time of this Section 8.5Landlord’s consent. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their the condition existing that existed prior to the installation of such Alterations or improvements orAlteration, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, conduit, equipment (excepting Tenant's telecommunications equipment) and/or appurtenances which may be installed or placed in or about the Premises, from time to time, including any non-general office use improvements made at the time of Tenant's initial occupancy of the Premises, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverand shall be and remain part of the Premises and shall not be removed by Tenant at the end of the term of this Lease, unless Landlord agreed to its removal at the time Landlord consented to such Alteration. Such fixtures, alterations, additions, repairs, improvements and/or appurtenances shall include, without limitation, the Base Premises Work (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures and equipment, plumbing systems, electrical systems, lighting systems, silencing equipment, switching conduit and cabling, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time Tenant requests Landlord's consent to the end of the Lease Termany Alteration pursuant to Section 8.1 or Section 22,, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements Alterations, improvements, fixtures, conduit, equipment, and/or appurtenances in the Premises and Project, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, and Project to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Alterations, improvements, fixtures, conduit, equipment, and/or appurtenances in the Premises and return Project, and returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, and Project to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures fixtures, conduit, equipment, and/or equipment appurtenances in, on or about the PremisesPremises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Universal Access Inc), Office Lease (Universal Access Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal removal, or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances other than Tenant's trade fixtures and equipment (which shall expressly include all of Tenant's laboratory equipment, testing devices, and ancillary equipment, whether affixed to the Premises or not) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord upon the expiration or earlier termination of this Lease, subject to the requirements of SECTION 8.2 and Landlord; provided's right to require Tenant to remove such items as provided in this SECTION 8.5. Under no circumstances shall Tenant be required to remove standard office finishes from the Premises (i.e. those office materials and fixtures that are commercially reasonable, howeverappropriate and common in Comparable Buildings). Upon the expiration or earlier termination of this Lease, Tenant may remove any equipment or fixtures installed by Tenant, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to Building Standard condition. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises and to repair any damage to the Premises and Building caused by such removal (reasonable wear and tear excepted) and return the affected portion of the Premises to their condition existing prior Building Standard condition; provided, however, if, in connection with its request for Landlord's approval for particular Alterations, (1) Tenant requests Landlord's decision with regard to the installation removal of such Alterations or improvements orAlterations, at Landlord’s electionand (2) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations, then Tenant shall not be required to a building standard tenant improved condition as determined by Landlordso remove such Alterations; provided; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, in its approval of any Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration or improvementsuch Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this LeaseBuilding Standard condition, then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue under this Lease in accordance with Article the TCCs of ARTICLE 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant, and Tenant shall reimburse Landlord for such costs within ten (10) days after receipt of Landlord's invoice therefore. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant's installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease for one (1) year following such expiration or earlier termination. At all times during the Term of this Lease, Tenant shall be entitled to remove, and Landlord shall have no interest in, Tenant's trade fixtures and equipment.
Appears in 2 contracts
Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and shall be and become the property of Landlord excluding Tenant’s fixtures and equipment, including portable benches (other than iLab benches provided by Landlord and/or if otherwise paid for by Landlord which shall remain Landlord; provided’s property), howeverautoclaves, glasswashes, freezers, refrigerators, portable fume hoods, and biosafety cabinets. Furthermore, Landlord maymay require that Tenant remove any specialized/non-Building Standard Alterations, by written notice to improvements, fixtures and/or equipment (other than the Tenant prior to Improvements) upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal; provided that Landlord notifies in writing that such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant will be required at the time of Tenant’s request for Landlord’s Landlord provides its consent to any Alteration such Alterations, improvements, fixtures and/or equipment (or improvement, at the time Tenant notifies Landlord shall notify Tenant whether the applicable Alteration or improvement will be required with respect to be removed pursuant to the terms of this Section 8.5Alterations not requiring Xxxxxxxx’s consent). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.consent Landlord may withhold in its sole and absolute discretion. 24 GENESIS 1900 ALAMEDA
Appears in 2 contracts
Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which that may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; provided; , however, that notwithstanding Landlord may not require Tenant to remove any Tenant Improvements shown in the foregoingApproved Schematic Plans or any Alternations consistent with the improvements shown in the Approved Schematic Plan, upon request by Tenant at or any Alterations which are otherwise consistent with typical tenant improvements in the time of Tenant’s request for Landlord’s consent to any Alteration biotechnology or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the "Tenant's Property") shall at all times be and remain Tenant's property. Exhibit F may be updated from time to time by agreement of the Parties. Tenant may remove the Tenant's Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant's Property.
Appears in 2 contracts
Samples: Sublease (Sutro Biopharma, Inc.), Lease Agreement (Five Prime Therapeutics Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to the condition that existed prior to the installation of such Alterations. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their the condition existing that existed prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by LandlordAlterations; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove any Tenant Improvements or Alterations which are normal and customary business office improvements for the South of Market (“SOMA”) portion of the financial district area of San Francisco, California; provided, however, in any event Landlord may require Tenant to remove, all (i) rolling files and structural supports, (ii) built-in or high-density file systems, (iii) any supplemental HVAC system installed by Tenant, (iv) any improvements which affect the Building Structure, including, without limitation, any stairwells, internal staircases or vaults, and any improvements which affect the Building Systems, including, without limitation, any cooking kitchens (i.e., with gas ovens/stoves) other than in the 9th Floor Premises, any fitness or exercise facility, showers, or core drills, (v) any security or information technology systems installed by or on behalf of Tenant in the Premises, including, without limitation, any data center, (vi) any Additional Bicycle Storage installed by Tenant or on behalf of Tenant, (vii) any Generator installed by Tenant or on behalf of Tenant, and (viii) any “Communications Equipment” (as that term is defined below) installed by or on behalf of Tenant. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements orrequired condition, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, except to the extent due to Landlord’s negligence, willful misconduct or violation of this Lease, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Except as set forth in this Section 8.5, Tenant shall not be required to restore any improvements constructed pursuant to the Tenant Work Letter.
Appears in 2 contracts
Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements (excluding the Improvements other than any Non-Conforming Improvements) in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify be deemed to have agreed to waive the removal requirement with regard to such Alterations or Cosmetic Alterations. Notwithstanding any provision to the contrary contained herein, Tenant whether the applicable Alteration or improvement will shall not be required to be removed pursuant to remove any Alterations, improvements (including the terms of this Section 8.5Improvements) or Cosmetic Alterations which are normal and customary business office improvements. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord at the end of the Lease Term; provided, however, Tenant may remove any furniture, fixtures, equipment and/or personal property installed in the Premises by Tenant, at Tenant’s sole cost and expense, and which have not been paid for with any Landlord provided funds (i.e., amounts spent by Landlord in connection with its construction of the “Improvements,” as that term is defined in Section 1.2 of the Work Letter, pursuant to the Work Letter or otherwise), and Tenant shall repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises and the Building to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior (provided such conditions are given to Tenant at the time of Landlord’s consent to the end subject Alterations or improvements in the Premises (or, with respect to Alterations not requiring Landlord’s consent, within three (3) business days after Tenant’s written notice to Landlord of the Lease Termsuch Alternations as provided in Section 8.1, or given following any earlier termination of this Leaseabove)), require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; , however, that notwithstanding Tenant shall have no obligation to remove the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed Improvements being constructed pursuant to the terms of this Section 8.5Work Letter. If Tenant fails to complete such removal and/or to the repair of any damage caused by the removal of any Alterations Alteration or improvements in the Premises and return the affected portion of then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the PremisesPremises by or on behalf of Tenant, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property; provided, however, in no event shall Tenant’s Property include (a) any fixtures, furniture, equipment or other personal property, the cost of which has been covered or partially covered by Landlord, either during the initial construction of the Improvements as identified in the Work Letter or otherwise, and (b) at Landlord’s election, in Landlord’s sole and absolute discretion (without waiving any obligation Tenant may have under this Lease to remove the same), any trade fixtures, furniture, equipment and other personal property installed in the Premises which has been abandoned by Tenant. At any time Tenant may remove Tenant’s Property from the Premises provided that Tenant repairs all damage caused by such removal and returns the affected portion of the Premises and the Building to a building standard tenant improved condition as reasonably determined by Landlord.
Appears in 2 contracts
Samples: Sublease Agreement (Mast Therapeutics, Inc.), Office Lease (Santarus Inc)
Landlord’s Property. All Alterations, improvementsTenant Improvements, fixtures, and/or equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (except as otherwise set forth on Exhibit 5) and any Alterations and Tenant Improvements and, to the extent the removal of the same will cause damage to the Premises or such items are otherwise funded by use of the Tenant Improvements Allowance, fixtures and equipment shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing to the contrary, Landlord may, by written notice to Tenant prior given at the time that Landlord consents to the end of the Lease Term, or given following any earlier termination of this LeaseAlterations, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvementsfixtures, fixtures and/or equipment equipment, and or any of Tenant’s personal property in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which Tenant may be have installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements (as opposed to the Improvements being constructed pursuant to the Work Letter, which Improvements Tenant shall not be required to remove unless otherwise expressly identified by Landlord at the time of approval in accordance with the terms set forth in Section 2.4 of the Work Letter), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing immediately prior to the installation performance of the subject Alterations; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or improvements orCosmetic Alterations, at Landlord’s electionand (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to a building standard tenant improved condition as determined by Landlordso remove such Alterations or Cosmetic Alterations; provided; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their the condition existing immediately prior to the installation performance of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Leasesubject Alterations, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, at Landlord’s option Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Except to the extent of Landlord’s negligence or willful misconduct, Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)
Landlord’s Property. All AlterationsAny Alterations and other improvements and any equipment, improvementsmachinery, fixturesfurnishings and other property, equipment and/or appurtenances which may be installed or placed located in or about the Premises, from time to timethe Building or the Land by or on behalf of Landlord or Tenant, except for Tenant’s Personal Property: (i) shall be at the sole cost of Tenant and shall be and immediately become the property of Landlord, and (ii) shall be surrendered to Landlord with the Premises as a part thereof at the end of the Term; provided, however, that if Landlord may, by written notice to requests Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations installed by or improvements and on behalf of Tenant, Tenant shall cause the same to repair any damage be removed at Tenant’s expense on or before the Lease Expiration Date, or shall reimburse Landlord for the cost of such removal, as elected by Landlord (unless Landlord expressly waives in writing the right to require such removal at the time Landlord gives its consent to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation making of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding Alterations).
(1) Notwithstanding the foregoing, upon request by Tenant at shall not be required to remove any Alterations which constitute improvements which are typically found in businesses conducting only an office use and other incidental uses in first-class office buildings which are located in the time Ballston submarket of Tenant’s request for Landlord’s consent Arlington, Virginia and which are comparable to any Alteration or improvementthe Building (the “Typical Non-Structural/Non-System Office Improvements”) (such items which are excluded from being Typical Non-Structural/Non-System Office Improvements being hereinafter referred to as “Items Subject to Removal”). With respect to such Items Subject to Removal, Landlord shall notify Tenant whether Tenant, at the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any time that Landlord approves Tenant’s plans for Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or(including, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ feesTenant’s Work), in any manner relating whether Landlord reserves the right to the installation, placement, require removal or financing of any such AlterationsItems Subject to Removal as provided below in this Section 10.A. With respect to Items Subject to Removal, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant Landlord shall survive make its determination as to whether Landlord wishes to have such items removed upon the expiration or earlier of the Term, and Landlord shall so notify Tenant, at least one hundred eighty (180) days prior to the then scheduled Lease Expiration Date (such 180-day notice requirement being inapplicable in the event of the termination of this LeaseLease by Landlord because of a Default), and if Landlord fails to timely notify Tenant as to which, if any, of such Items Subject to Removal must in fact be removed, Tenant shall have no further obligation to remove any Item Subject to Removal which was not thus designated by Landlord for removal; provided, however, that, at Tenant’s sole option, Tenant shall have the right to pay to Landlord an amount equal to the estimated cost of removal (as estimated by Landlord in good faith) of any such items which Landlord requires Tenant to remove, in lieu of Tenant actually performing the work necessary to remove such items; and
(2) Any raised flooring (i.e., flooring which is raised above the concrete slab, with a cavity between the raised flooring and the concrete slab), cafeteria improvements (not including kitchenettes, pantries and catering kitchens), internal stairwells, computer server rooms and any other non-standard office installations which are not typically found in first-class office buildings within the Premises shall constitute Items Subject to Removal.
Appears in 2 contracts
Samples: Lease Agreement (Evolent Health, Inc.), Lease Agreement (Evolent Health, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises (excluding the Tenant Improvements) and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration, or at the time of Tenant’s notice for any Alteration or improvementthat does not require Landlord’s consent, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment (excluding the Tenant Improvements) in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove any of the Tenant Improvements upon the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease (Decipher Biosciences, Inc.), Lease (Decipher Biosciences, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises by Tenant (excluding Tenant’s removable trade fixtures, furniture and non-affixed office and lab equipment), from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements Specialty Improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Specialty Improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, the items set forth in Exhibit F attached hereto (the “Tenant’s Property”) shall at all times be and remain Tenant’s property. Exhibit F may be updated from time to time by agreement of the parties. Tenant may remove the Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant’s Property.
Appears in 2 contracts
Samples: Lease (Septerna, Inc.), Lease (Septerna, Inc.)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises (including, without limitation the Improvements), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 2.1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior given at the time Landlord provides its consent (if any) to the end of the Lease Termproposed Alterations or Improvements, or given following any earlier termination of this Leaseas applicable, require Tenant, at Tenant’s expense, to remove any Alterations or improvements Improvements in the Premises which are “Specialty Improvements” (as defined hereinbelow), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their its condition existing immediately prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5Specialty Improvements. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Specialty Improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their its condition existing immediately prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this LeaseSpecialty Improvements, then at Landlord’s option, either (A) Rent shall continue to accrue under this Lease at the reasonable rental value of the Premises (but not in accordance with excess of the Rent set forth in Article 16, below), after until the end earlier to occur of (1) the Lease Term until date such work shall be completedcompleted by Tenant, and or (2) if Landlord shall have the right, but not the obligation, elects to perform such work under item (B) hereof, then the date Landlord would reasonably be expected to complete such work at Tenant’s expense, and/or (B) Landlord may do so and to may charge the reasonable cost thereof to Tenant, provided that Landlord shall not have the right to elect item (A) of this sentence with respect to any Specialty Improvements that are designated for removal by Landlord and which Tenant fails to remove which are of an immaterial nature (including, without limitation, with respect to the ease and cost of such removal) individually or in the aggregate, which determination shall be made in Landlord’s sole, but good faith, discretion. “Specialty Improvements” means any Alterations or Improvements other than normal and customary general office improvements. Notwithstanding the foregoing, “Specialty Improvements” (i) shall not include conference rooms, or Cosmetic Alterations and (ii) shall include (a) any Alterations or Improvements which affect the Base Building, (b) any kitchens (other than basic office kitchens), showers, restrooms, washrooms or similar facilities in the Premises that are not part of the Base Building, (c) any Lines (as that term is defined in Section 29.32 below), (d) any other items or fixtures which Tenant is expressly required to remove pursuant to the terms of this Lease. Notwithstanding the foregoing, Tenant shall have the right to install (subject to Landlord’s approval rights under this Lease and the Work Letter), without an obligation to remove, up to two (2) gender-neutral restrooms per floor of the Premises. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, subject to the last sentence of this Section 8.5, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their its condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5normal wear and tear excepted. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their its condition existing prior to the installation of such Alterations Alteration or improvements orimprovement, if elected by Landlordnormal wear and tear excepted, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the reasonable and actual out-of-pocket cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Upon submission of any plans for Landlord’s approval, Tenant may request prior to the installation of specific fixtures, equipment or improvements in the Premises, that Landlord agree not to require Tenant to remove such items upon expiration or termination of the Lease or agree to permit Tenant to remove any item it may otherwise not be permitted to remove under the terms of this Lease. Such consent may be granted or denied in Landlord’s reasonable discretion, must be granted in writing prior to the installation of the subject items in order to be binding against Landlord; provided that, notwithstanding the foregoing sentence, if Landlord fails to notify Tenant of Landlord’s waiver or nonwaiver of Tenant’s obligation to remove such addition, alteration or improvement at the end of the Term within twenty (20) days after Tenant’s written request for that waiver, Tenant shall have the right to provide Landlord with a second written request (a “Second Waiver Request”) that contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR EITHER (I) WAIVER OF TENANT’S OBLIGATION TO REMOVE CERTAIN ADDITIONS, ALTERATIONS OR IMPROVEMENTS OR (II) AUTHORIZATION FOR TENANT TO REMOVE CERTAIN ADDITIONS, ALTERATIONS OR IMPROVEMENTS, IN EACH CASE UPON EXPIRATION OR TERMINATION OF THE LEASE PURSUANT TO THE PROVISIONS OF SECTION 8.5 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER DELIVERY OF THIS NOTICE TO LANDLORD, THEN LANDLORD SHALL BE DEEMED TO HAVE EITHER (I) WAIVED THE OBLIGATION OF TENANT TO REMOVE CERTAIN ADDITION, ALTERATION OR IMPROVEMENT DESCRIBED HEREIN OR (II) AUTHORIZED TENANT TO REMOVE CERTAIN ADDITIONS, ALTERATIONS OR IMPROVEMENTS DESCRIBED HEREIN.” If Landlord fails to respond to such Second Waiver Request within five (5) business days after delivery by Tenant, Landlord shall be deemed to have either (a) waived the right to require Tenant to remove such addition, alteration or improvement at the end of the Term or (b) authorized Tenant to remove such addition, alteration or improvement at the end of the Term.
Appears in 2 contracts
Samples: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however. Furthermore, Landlord maymay require that Tenant remove any Alterations, by written notice to Tenant prior to improvements, fixtures and/or equipment upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition so long as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Landlord notified Tenant in writing at the time Landlord approved such Alterations and Tenant Improvements (or with respect to Alterations not requiring Landlord’s consent, at the time Tenant notified Landlord of Tenant’s request for such Alterations) that Landlord will require the removal of any such Alterations and Tenant Improvements but only if Tenant requested (in writing) that Landlord make such removal determination at the time Tenant requested Landlord’s consent to any Alteration such Alterations or improvement, Tenant Improvements (or at the time Tenant provided Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms with written notice of this Section 8.5Alterations not requiring Landlord’s consent). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.
Appears in 2 contracts
Samples: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances other than Tenant’s trade fixtures and equipment (which shall expressly include all of Tenant’s laboratory equipment, testing devices, and ancillary equipment, whether affixed to the Premises or not) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord upon the expiration or earlier termination of this Lease, subject to the requirements of SECTION 8.2 and Landlord; provided’s right to require Tenant to remove such items as provided in this SECTION 8.5. Under no circumstances shall Tenant be required to remove standard office finishes from the Premises (i.e. those office materials and fixtures that are commercially reasonable, howeverappropriate and common in Comparable Buildings). Upon the expiration or earlier termination of this Lease, Tenant may remove any equipment or fixtures installed by Tenant, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to Building Standard condition. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises and to repair any damage to the Premises and Building caused by such removal (reasonable wear and tear excepted) and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by LandlordBuilding Standard condition; provided; , however, that notwithstanding the foregoingif, upon request by Tenant at the time of Tenant’s in connection with its request for Landlord’s consent approval for particular Alterations, (1) Tenant requests Landlord’s decision with regard to the removal of such Alterations, and (2) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations, then Tenant shall not be required to so remove such Alterations; provided further, however, that if Tenant requests such a determination from Landlord and Landlord, in its approval of any Alteration or improvementAlterations, fails to address the removal requirement with regard to such Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this LeaseBuilding Standard condition, then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue under this Lease in accordance with Article the TCCs of ARTICLE 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant, and Tenant shall reimburse Landlord for such costs within ten (10) days after receipt of Landlord’s invoice therefore. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant’s installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease for one (1) year following such expiration or earlier termination. At all times during the Term of this Lease, Tenant shall be entitled to remove, and Landlord shall have no interest in, Tenant’s trade fixtures and equipment.
Appears in 2 contracts
Samples: Office Lease (Exact Sciences Corp), Sublease Agreement (Exact Sciences Corp)
Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any tenant improvement allowance funds (but not Moving Allowance funds) provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, if Landlord, as a condition to Landlord’s consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, expense to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by removal. Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will not be required to be removed remove any of the initial Tenant Improvements constructed by Landlord pursuant to the terms of this Section 8.5Tenant Work Letter. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof (plus Landlord’s fee) to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)
Landlord’s Property. All retrofit work (and all Alterations, improvementsupon their completion) made by or for Tenant, fixtureswhether temporary or permanent in character, equipment and/or appurtenances which may be installed and whether made by Landlord or placed in or about the Premises, from time to timeTenant, shall be at the sole cost of Tenant Landlord’s property, and shall be surrendered to Landlord in good order, condition, and become repair (ordinary wear and tear excepted and damage caused by fire or other casualty excepted), broom clean, upon the property expiration or earlier termination of Landlord; providedthe Term, however, and Tenant shall not be entitled to any compensation therefor. Unless Landlord may, by written notice to shall have previously stated in writing (in connection with its approval of any Alternations) that it will require the removal of any Alteration or Tenant prior to Improvement at the end of the Lease Term, or given following any earlier termination of this Lease, require Term (in which case Tenant, at Tenant’s expense, to shall remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, same prior to the expiration of the Term and repair all damage caused by such removal), Landlord shall not have the right to require that Tenant remove from the Premises such retrofit work and Alterations (or earlier termination such portion thereof as Landlord has not required to be removed). Any damage or deterioration of the Premises or any retrofit work that could have been prevented by good maintenance practices shall not be deemed to be ordinary wear and tear. The foregoing notwithstanding, in no event shall Landlord, pursuant to the foregoing provisions of this LeaseSubsection 10.3.1, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after require removal of any retrofit work or Alterations that the end tenant next taking possession of the Lease Term until such work Premises desires to remain in the Premises or that constitute “Standard Office Improvements.” As used herein, the term “Standard Office Improvements” shall include any tenant improvements that can be completed, removed and Landlord shall have the right, but disposed of at a cost not the obligation, to perform such work and to charge materially greater than the cost thereof of removing and disposing of ordinary and customary tenant improvements for general office use. In no event, however, shall “Standard Office Improvements” be deemed to Tenant. Tenant hereby protectsinclude any interior stairwells, defendsshower installations, indemnifies and holds Landlord harmless from any liabilityraised computer flooring, costdata centers, obligationtelephone switch rooms (other than those included as part of Base Building), expense ceramic tile floor coverings, heat pumps, special life safety installations, cafeterias, or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Leasevaults.
Appears in 2 contracts
Samples: Office Lease Agreement (Riverbed Technology, Inc.), Office Lease Agreement (Riverbed Technology, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment (“FF&E”) and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements (including demountable walls), and any FF&E purchased with the “Alterations Allowance” defined in Section 8.6, below, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the “Tenant’s Property”) shall at all times be and remain Tenant’s property. Exhibit F may be updated from time to time by agreement of the parties. Tenant may remove the Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant’s Property.
Appears in 2 contracts
Samples: Lease (RAPT Therapeutics, Inc.), Lease (RAPT Therapeutics, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration Alterations or improvementimprovements, Landlord shall notify Tenant whether the applicable Alteration Alterations or improvement improvements will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant’s installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 2.1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord, except for the Testing Xxxxxxxx (defined below). Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements Alterations, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding Tenant shall have no obligation to remove the foregoing, upon request by Tenant at Improvements being constructed pursuant to the time Work Letter (excepting only any and all of Tenant’s request for Landlord’s consent to any Alteration test xxxxxxxx and equipment and infrastructure associated therewith (collectively and whether installed as Improvements or improvementAlterations, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5“Testing Xxxxxxxx”)). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord may, by written notice have not been paid for with any Tenant improvement allowance funds provided to Tenant prior to the end of the Lease Termby Landlord, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair provided Tenant repairs any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however. Furthermore, that notwithstanding prior to the foregoingexpiration or earlier termination of this Lease, upon request by Tenant shall, at the time of Tenant’s request for Landlord’s consent to expense, remove any Alteration or improvementdesignated by Landlord and restore the same to the condition existing prior to the installation of such Alteration (provided such previous condition did not require any repair, Landlord in which event Tenant shall notify restore the same to the condition existing as of the completion of the initial Tenant whether the applicable Alteration or improvement will be required to be removed pursuant Improvements), subject to the terms of this Section 8.58.2, above. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their the condition existing prior to the installation of such Alterations or improvements orrequired hereunder, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord. Furthermore, Landlord may, subject to the terms of Section 8.2 of this Lease, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (subject to the provisions of Section 8.6, below) and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter Agreement shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however, Tenant may remove any Alterations, improvements (excluding the Improvements), fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for by any Improvement Allowance funds, provided that Tenant repairs any and all damage to the Premises or the Building caused in whole or in part by such removal, and returns the affected portion of the Building or the Premises to an as-improved building standard condition, as reasonably approved by Landlord. Furthermore, Landlord may, by written notice to Tenant Tenant, at least sixty (60) days prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements and located within the Premises, to repair any damage to the Premises and Building caused by such removal removal, and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations (including any Cosmetic Alterations), (x) Tenant requests Landlord's decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement when approving (or, if applicable, following notification of) such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Alterations or Cosmetic Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration such Alterations or improvementCosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, [***] Confidential portions of this document have been redacted and filed separately with the Commission. placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to the condition existing prior to construction of such Alterations or improvements. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing prior to the installation construction of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordimprovements; provided; , however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s 's request for Landlord’s 's consent to any Alteration Alterations or improvementimprovements, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If by the end of the Lease Term (including the sooner termination thereof), Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their the condition existing prior to the installation construction of such Alterations or improvements orimprovements, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Zeltiq Aesthetics Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to timeafter the initial Tenant Improvements (which initial Tenant Improvements shall be governed by the terms of the Tenant Work Letter), shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements orremoval; PROVIDED; HOWEVER, at Landlord’s electionTHAT NOTWITHSTANDING THE FOREGOING, to a building standard tenant improved condition as determined by Landlord; provided; howeverUPON REQUEST BY TENANT AT THE TIME OF TENANT’S REQUEST FOR LANDLORD’S CONSENT TO ANY ALTERATION OR IMPROVEMENT, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section LANDLORD SHALL NOTIFY TENANT WHETHER THE APPLICABLE ALTERATION OR IMPROVEMENT WILL BE REQUIRED TO BE REMOVED PURSUANT TO THE TERMS OF THIS SECTION 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises Premises, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be permanently installed in or placed in about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Any articles of personal property including business and trade fixtures not attached to, howeveror built into, the Premises, machinery and equipment (including, without limitation, video conferencing and boardroom equipment) not permanently affixed to the Premises, free-standing cabinet work, and movable partitions, which were installed by Tenant in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the Term as long as Tenant is not in default under this Lease after notice and lapse of any applicable cure period and provided that Tenant repairs to Landlord’s reasonable satisfaction any damage to the Premises, the Building and any other part of the Project caused by such removal. Furthermore, if Landlord, as a condition to Landlord’s consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Lease Term as set forth in Section 6.3 above, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, belowAlterations, after the end of the Lease Term until three (3) days’ notice to Tenant and Tenant’s failure to complete such work shall be completedremoval and repair, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant Tenant, shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Quality Systems Inc)
Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or permanently affixed equipment and/or appurtenances which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, expense to remove any such Alterations or improvements (including Alterations for which Landlord’s consent is not required under Section 8.1 above) and to repair any damage to the Premises Premises, Building and Building Project caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements orremoval, at Landlord’s electionprovided that if Tenant requests in writing, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Tenant is seeking Landlord’s consent to any Alteration the proposed Alterations (or, if Landlord’s consent is not otherwise required under Section 8.1 above, but Tenant chooses to request), that Landlord identify whether or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to not such Alterations must be removed pursuant to upon the terms expiration or earlier termination of this Section 8.5Lease, Tenant shall only be obligated to remove those Alterations so identified by Landlord for removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Buy Com Inc)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Tenant Improvements to be constructed in the Premises pursuant to the TCCs of the Tenant Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises removal; provided, however, if, in connection with its notice to their condition existing prior Landlord with respect to any such Alterations or Cosmetic Alterations, (i) Tenant requests Landlord’s decision with regard to the installation removal of such Alterations or improvements orCosmetic Alterations, at Landlord’s electionand (ii) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by then Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will not be required to be removed pursuant so remove such Alterations or Cosmetic Alterations; provided further, however, Tenant shall have no obligation to remove any improvements existing in the terms Premises as of the date of this Section 8.5Lease except the following: (A) bus bars in server rooms including electrical back to panel; (B) supplemental air conditioning units with the exception of the supplemental air conditioning units located on the third floor of Buildings A and F; (C) all equipment and other racks; and (D) furniture systems including electrical back to panels. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Ixia)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Except to the extent resulting from the negligence or willful misconduct of Landlord, or Landlord’s employees, agents or contractors, Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (KAYAK SOFTWARE Corp)
Landlord’s Property. All Alterations, improvementsimprovements and/or fixtures (excluding Tenant’s Property, fixturesany or all of which may be removed from the Premises by Tenant, equipment and/or appurtenances at Tenant’s option, during the Lease Term) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord upon expiration of the Lease Term or earlier termination of this Lease. Notwithstanding the foregoing: (i) Tenant may not remove any Tenant Improvements or Alterations paid for by Landlord with Landlord’s own funds or out of any tenant improvement allowances provided by Landlord (except any such removal made in connection with Alterations approved by Landlord or not required to be approved by Landlord); provided, however, (ii) Tenant’s obligations regarding removal of the Supplemental HVAC Equipment at the expiration or earlier termination of this Lease shall be as set forth in Section 15.2 below; and (iii) Landlord may, by written notice delivered to Tenant prior to the end concurrently with Landlord’s approval of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove final working drawings for any Alterations (or improvements and to repair any damage to for the initial Tenant Improvements installed in the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails Work Letter), identify those Alterations (or initial Tenant Improvements, as the case may be), which Landlord will require Tenant to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to remove at the expiration or earlier termination of this Lease, then Rent except that Tenant shall continue in no event be required to accrue under this Lease in accordance with Article 16, below, after the end remove: (A) any of the Lease Term until such work shall be completed, and Landlord shall have tenant improvements existing in the right, but not Premises as of the obligation, Delivery Date; or (B) any Alterations constructed by or for Tenant pursuant to perform such work and to charge this Article 8 or any initial Tenant Improvements installed in the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating Premises pursuant to the installationTenant Work Letter, placementother than such Alterations or initial Tenant Improvements that are Special Use Alterations (as defined below). As used herein, removal or financing of any such “Special Use Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant ” shall survive the expiration or earlier termination of this Lease.mean:
Appears in 1 contract
Samples: Office Lease (United Online Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment fixtures and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements and/or fixtures which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.. XXXXXX XXXX XXXXXXXXX XXXX [MicroSim Corporation]
Appears in 1 contract
Samples: Office Lease (Orcad Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment equipment, leasehold improvements and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Such alterations, howeverimprovements, fixtures, equipment, leasehold improvements, and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, security systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Notwithstanding the forgoing, Tenant may remove any Alterations, improvements, and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies indemnities and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations or improvements which may be -------------------- installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and and, upon the expiration or sooner termination of the Lease Term, shall be and become the property of Landlord; provided. Notwithstanding the foregoing, howeverupon the expiration or earlier termination of the Lease, Tenant may remove all of its personal property, including, without limitation, the items listed on SCHEDULE 5 to ---------- EXHIBIT C, and, additionally, any Alterations, improvements or signs which --------- Tenant can reasonably substantiate to Landlord were not paid for with any tenant improvement allowance funds provided to Tenant by Landlord, and provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, required that Tenant, at Landlord's election, remove any Alteration upon the expiration or earlier termination of the Lease Term, and with respect to any "Tenant Improvement Removal Items," as that term is defined in SECTION ------- 2.1 of the Tenant Work Letter, Landlord may, by written notice to Tenant at --- least thirty (30) days prior to the end of the Lease Term, or given following concurrently with any earlier notice of termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any such Alterations or improvements Tenant Improvement Removal Items and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and and, except for Tenant’s Property (as defined in Section 15.2), shall be and become the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to Tenant prior at the time Landlord consents to the end of the Lease Term, or given following any earlier termination of this LeaseAlteration, require Tenant, at Tenant’s expense, to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any “Non Standard Tenant Improvements,” as that term is defined in Section 2.4 of the Tenant Work Letter, located within the Premises and replace the same with then existing “Building Standard Tenant Improvements,” as that term is defined in Section 2.3 of the Tenant Work Letter, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; , however, that notwithstanding the foregoing, upon request by in no event shall Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to remove any of the terms of this Tenant Improvements (other than telephone, data and other cabling and wiring and other than as set forth in Section 8.515.2 below). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or fails to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, 16 below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protectsagrees to protect, defendsdefend, indemnifies indemnify and holds hold Landlord harmless from any liability, cost, damages, obligation, expense or claim of lien, (including but not limited to, court costs and reasonable attorneys’ fees, ) in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment placed or installed in, on or about the PremisesPremises by or on behalf of Tenant, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations or improvements which may be -------------------- installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and and, upon the expiration or sooner termination of the Lease Term, shall be and become the property of Landlord. Notwithstanding the foregoing, upon the expiration or earlier termination of the Lease, Tenant may remove all of its personal property, including, without limitation, the items listed on SCHEDULE 5 to ---------- EXHIBIT C, and, additionally, any Alterations, improvements or signs which --------- Tenant can reasonably -20- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; provided6303 Owensmouth] substantiate to Landlord were not paid for with any tenant improvement allowance funds provided to Tenant by Landlord, howeverand provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, required that Tenant, at Landlord's election, remove any Alteration upon the expiration or earlier termination of the Lease Term, and with respect to any "Tenant Improvement Removal Items," as that term is defined in SECTION 2.1 of the Tenant Work ----------- Letter, Landlord may, by written notice to Tenant at least thirty (30) days prior to the end of the Lease Term, or given following concurrently with any earlier notice of termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any such Alterations or improvements Tenant Improvement Removal Items and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be permanently installed or placed in or about and/or permanently affixed to the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however, that notwithstanding the foregoing, Tenant may remove any Alterations, Improvements, furniture, fixtures, equipment and/or other items of personal property (regardless of whether the same is built-in or free standing) which Tenant can substantiate to Landlord may, by written notice have not been paid for with any improvement allowance funds provided to Tenant prior to the end of the Lease Termby Landlord (which removal items shall include, or given following but not be limited to, any earlier termination of this Lease, require Tenant, at “Tenant’s expenseProperty,” as that term is defined in Section 9.2 below), to remove any Alterations or improvements and to repair provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a condition consistent with the “Building Standard Improvements,” as that term is defined in Section 2.3 of the Work Letter. Furthermore, Landlord may, by written notice to Tenant (provided such notice is given to Tenant at the time of Landlord’s consent to the subject Alterations in the Premises), require Tenant, at Tenant’s expense, to (A) remove any Alterations in the Premises (including any security systems installed by or on behalf of Tenant, the removal notice for which is hereby deemed given), and (B) replace the same with Building Standard Improvements, and otherwise return the affected portion of the Premises to their a condition existing prior consistent with the Building Standard Improvements; provided, however, in connection with its notice to Landlord with respect to any Cosmetic Alterations, (1) Tenant shall request Landlord’s decision with regard to the installation removal of such Alterations or improvements orCosmetic Alterations, at Landlord’s electionand (2) Landlord shall thereafter inform Tenant of its requirement to remove such Cosmetic Alterations, and replace the same with Building Standard Improvements, and otherwise return the affected portion of the Premises to a building Building standard tenant improved condition as reasonably determined by Landlord; provided; Landlord provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Cosmetic Alterations in writing, then Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior then at Landlord’s option, either (a) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (b) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual, reasonable and documented (as evidenced by invoices and paid receipts therefor) out of pocket cost thereof to Tenant, which Tenant shall pay to Landlord within thirty (30) days following Tenant’s receipt of written invoice therefor from Landlord. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the PremisesPremises (except to the extent caused by Landlord’s or any Landlord’s Parties’ negligence, willful misconduct or illegal acts), which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Lease and in the Work Letter, Tenant shall not be required to remove the Improvements installed in the Premises by Landlord pursuant to the Work Letter, nor any purely cosmetic decorations added to the Premises by or on behalf of Tenant, such as carpet, paint and wall coverings, on or before the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Alterations, improvements, fixtures, ------------------- equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any "Above Building Standard Tenant Improvements," as that term is defined in the Tenant Work Letter, located within the Premises and replace the same with then existing "Building Standard Tenant Improvements," as that term is defined in the Tenant Work Letter, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; , however, that notwithstanding the foregoingif, upon request by Tenant at the time of Tenant’s in connection with its request for Landlord’s consent 's approval for particular Alterations, (1) Tenant requests Landlord's decision with regard to any Alteration or improvementthe removal of such Alterations, and (2) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations, then Tenant shall notify Tenant whether the applicable Alteration or improvement will not be required to be removed pursuant to the terms of this Section 8.5so remove such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the TCC's of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing violation of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premisesforegoing provisions, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Diversa Corp)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures (excluding trade fixtures), equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord maymay require Tenant, with regard to the Alterations (as opposed to the Improvements being constructed pursuant to the work letter, which Improvements Tenant shall not be required to remove), by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, given at the time of Landlord's consent to such items (or, with respect to Alterations not requiring Landlord's consent, within three (3) business days after Tenant's written notice to Landlord of such Alterations as provided in Section 8.1, above) at Tenant’s 's expense, to remove any Alterations or improvements such timely identified Alteration in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises, either (A) Tenant shall be deemed to be holding over in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the PremisesPremises by or on behalf of Tenant (expressly excluding the Improvements being constructed by Landlord pursuant to the terms of the Work Letter), which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Leaseconcurrently with giving Landlord’s consent, require Tenant, at Tenant’s expense, to remove at the end of the Term the following Tenant Improvements and any Alterations or improvements which in Landlord’s reasonable judgment are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements: laboratory improvements, any exercise facility, and any cafeteria (collectively referred to as “Required Removables”), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Alterations, then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, and removal or financing of any such Alterations, improvements, fixtures and/or equipment Alterations in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Tenant’s removal obligations with respect to the Tenant Improvements are set forth in the Tenant Work Letter.
Appears in 1 contract
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, subject to the terms of Section 8.2 of this Lease, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements as to which the notice requirement set forth in Section 8.2 above applies, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and fails to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Gadzoox Networks Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; providedLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord or that are not permanently affixed to the Premises. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time Landlord provides consent (if any) to the end of the Lease Term, or given following any earlier termination of this Leaseparticular Alterations, require Tenant, at Tenant’s 's expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises that are “Specialty Improvements” (defined below) and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing prior to the installation of such Alterations or improvements orAlterations, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordnormal wear and tear excepted; provided; , however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will not be required to be removed pursuant to the terms of this Section 8.5remove any Original Improvements (as defined in Article 10 below). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their the condition existing prior to the installation of such Alterations or improvements orAlterations, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. As used herein, “Specialty Improvements” shall mean any Alterations or tenant improvements other than normal and customary general office, life science and research and development improvements, and shall expressly include (a) raised floor systems; (b) any showers or similar facilities in the Premises that are not part of the Base Building or which require floor reinforcement or floor penetrations; (c) any staircase; and (d) any installations outside of the Premises, or any areas requiring floor reinforcement, personal baths and showers; and (e) any Alterations or Tenant Improvements that adversely affect the Building structure or adversely affect the Building Systems.
Appears in 1 contract
Samples: Lease (Vaxart, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures and/or equipment other than Tenant's personal property, fixtures, workstations and equipment and/or appurtenances which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any of Tenant's Alterations, improvements, fixtures and/or equipment, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination oftbe Lease Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, 's expense to remove any such Alterations or improvements and to repair any damage dam age to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations except to the extent caused by the negligence or willful misconduct of Tenant shall survive the expiration Landlord or earlier termination of this LeaseLandlord's agents, employees or contractors.
Appears in 1 contract
Samples: Office Lease (Ticketmaster)
Landlord’s Property. All Alterations (except Building Standard Alterations), improvements, fixtures, equipment and/or appurtenances other than Tenant's trade fixtures and equipment which may be installed or placed in or about the PremisesPremises and/or the Building, from time to time, shall be at and become the sole cost property of Landlord upon the expiration or earlier termination of this Lease, subject to the requirements of SECTION 8.2 and Landlord's right to require Tenant and to remove such items as provided in this SECTION 8.5. Building Standard Alterations shall be and become the property of Landlord; providedLandlord upon installation. Upon the expiration or within ten (10) days after the earlier termination of this Lease and vacation of the Premises by Tenant, howeverTenant may remove any equipment or fixtures installed by Tenant other than Building Standard Alterations, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Building to the condition in which they were delivered to Tenant. Furthermore, subject to the provisions of this SECTION 8.5, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises and/or the Building and to repair any damage to the Premises and Building caused by such removal (reasonable wear and tear excepted) and return the affected portion of the Premises Building to their condition existing prior Building Standard (as defined in SECTION 4.5.2, above) condition; provided, however, if, in connection with its request for Landlord's consent for particular Alterations, (1) Tenant requests Landlord's decision with regard to the installation removal of such Alterations or improvements orAlterations, at Landlord’s electionand (2) Landlord thereafter agrees in writing to waive the removal requirement when consenting to such Alterations, then Tenant shall not be required to a building standard tenant improved condition as determined by Landlordso remove such Alterations; provided; provided further, however, that notwithstanding the foregoingif Tenant specifically requests in writing such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for Landlord’s in its consent to any Alteration or improvementAlterations, fails to address the removal requirement with regard to such Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant such Alterations. Notwithstanding anything to the terms of this Section 8.5contrary herein contained, Tenant shall have no obligation to remove any Alterations which are Building Standard. If Tenant is required to remove Alterations, but fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Building and return the affected portion of the Premises Building to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this LeaseBuilding Standard condition, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive reimburse Landlord for such costs within ten (10) days after receipt of Landlord's invoice therefore. At all times during the expiration or earlier termination Term of this Lease, Tenant shall be entitled to remove, and Landlord shall have no interest in, Tenant's trade fixtures and equipment.
Appears in 1 contract
Samples: Office Lease (Cytyc Corp)
Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however. Furthermore, Landlord maymay require that Tenant remove any Alterations, by written notice to Tenant prior to improvements, fixtures and/or equipment upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, (provided that notwithstanding the foregoing, upon request by Tenant Landlord so designates at the time of that Landlord consents to such Alteration but Landlord will only be required to so designate in the event Tenant requests, in Tenant’s request for Landlord’s consent to any Alteration or improvementsuch consent, that Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant make such determination). Notwithstanding anything above to the terms contrary, Tenant shall have the right to remove any fixtures or equipment (but not Alterations except for Alterations which are in the nature of this Section 8.5equipment fixtures) from the Premises which have been paid solely by Tenant’s funds (and repair any damage to the Premises caused by such removal). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed(plus a reasonable cure period not to exceed five (5) business days), Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.
Appears in 1 contract
Samples: Lease (Poseida Therapeutics, Inc.)
Landlord’s Property. All Alterations, improvements, improvements and/or fixtures (excluding Tenant’s trade fixtures, equipment and/or appurtenances moveable furniture and personal property) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord upon expiration of the Lease Term or earlier termination of this Lease; provided, however, : (i) Tenant may not remove any Tenant Improvements or Alterations paid for by Landlord with Landlord’s own funds or out of any tenant improvement allowances provided by Landlord (except any such removal made in connection with Alterations approved by Landlord); and (ii) Landlord may, by written notice delivered to Tenant prior to the end concurrently with Landlord’s approval of the Lease Termfinal working drawings for any Alterations (or for the initial tenant improvements constructed for the Premises), identify those Alterations (or given following any initial tenant improvements for Tenant’s initial occupancy, as the case may be) which Landlord will require Tenant to remove at the expiration or earlier termination of this Lease; provided further, require however, that Tenant shall in no event be required to remove any such Alterations (or initial tenant improvements, as the case may be) other than (a) any raised floors, internal stairwells, vaults and other similar special use tenant improvements, (b) the Telecommunications Equipment (as defined in Section 23.1 below) and all phone and data cabling, (c) those other improvements or alterations which are of such specialized nature or application that the same are not reasonably suited for use by a successor occupant of the Premises and (d) the Rooftop Deck (as defined in Section 23.1 below) to the extent required by the governmental approvals permitting the installation and use of the Rooftop Deck (collectively, “Special Use Improvements”). If Landlord requires Tenant to remove any such Alterations (or any such initial tenant improvements which are constructed for the Premises, Tenant, at Tenant’s its sole cost and expense, to shall remove any the identified Alterations and improvements on or improvements before the expiration or earlier termination of this Lease and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Special Use Improvements, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Zendesk, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, ------------------- equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Turbolinux Inc)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant's removable trade fixtures, furniture or non-affixed office equipment), from time to time, time shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to Tenant prior at the time Landlord consents to the end installation/performance of any Alterations or improvements, require Tenant, at Tenant's expense, to remove any such timely identified Alterations or improvements upon the Lease Term, expiration or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any Cosmetic Alterations, (x) Tenant requests Landlord's decision with regard to the removal of such Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Cosmetic Alterations, then Tenant shall not be required to so remove such Cosmetic Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Cosmetic Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration such Alterations or improvementCosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Cosmetic Alterations; provided further, however, if neither of the foregoing apply with respect to Cosmetic Alterations, Landlord may, upon the expiration or improvement will be required to be removed pursuant to the terms earlier termination of this Section 8.5Lease, require the Tenant to promptly remove "such Cosmetic Alterations and return the affected portion of the Premises to a building Standard improved condition as determined by Landlord. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Affymetrix Inc)
Landlord’s Property. All AlterationsAny Alterations and other improvements and any equipment, improvementsmachinery, fixturesfurnishings and other property, equipment and/or appurtenances which may be installed or placed located in or about the Premises, from time to timethe Building or the Land by or on behalf of Landlord or Tenant, except for Tenant's Personal Property: (i) shall be at the sole cost of Tenant and shall be and immediately become the property of Landlord, and (ii) shall be surrendered to Landlord with the Premises as a part thereof at the end of the Term; provided, however, that if Landlord mayrequests Tenant to remove any Alterations installed by or on behalf of Tenant, Tenant shall cause the same to be removed at Tenant's expense on or before the Lease Expiration Date, or shall reimburse Landlord for the cost of such removal, as elected by written notice Landlord (unless Landlord expressly waives in writing the right to require such removal at the time Landlord give its consent to the making of such Alterations). Notwithstanding the foregoing, (1) with respect to all Alterations made pursuant to the Office Space Work Agreement attached hereto as Exhibit C, Landlord shall specify which, if any, of such Alterations Tenant prior shall be required to remove at the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant Term at the time of Landlord approves the plans and specifications for such Alterations, and (ii) with respect to all other Alterations, Tenant’s , upon submitting its request for Landlord’s consent to any Alteration or improvementLandlord to make such Alterations, shall have the right to request therein that Landlord shall notify specify whether and to what extent Landlord will require Tenant whether to remove the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after question at the end of the Lease Term until Term. If Tenant shall fall to request such work information in its request to make any Alterations specified in clause (ii) in the preceding sentence, such right shall be completeddeemed null and void as to the Alterations in question, and all such Alterations shall thereafter be subject to the exercise of Landlord's rights and to Tenant's obligations set forth in the first sentence of this Section 10.A. If Tenant submits its request for such information in accordance with the foregoing provisions and Landlord consents to the Alterations requested, Landlord shall, together with its consent, specify in writing whether and to what extent it will require Tenant to remove the Alterations in question at the end of the Term, and if Landlord fails so to specify, Tenant shall have no further obligation to remove the right, but not Alterations which were the obligation, to perform such work and to charge the cost thereof to subject of Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease's request.
Appears in 1 contract
Samples: Lease Agreement (Hagler Bailly Inc)
Landlord’s Property. All Alterations, Cosmetic Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or Cosmetic Alterations and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or Cosmetic Alterations and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Cytori Therapeutics, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building–standard “warm shell” condition as reasonably determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any “Above Building Standard Tenant Improvements” identified by Landlord pursuant to Section 2.4 of the Tenant Work Letter and/or any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building building-standard tenant improved “warm shell” condition as reasonably determined by Landlord; provided; , however, that notwithstanding the foregoingif, upon request by Tenant at the time of Tenant’s in connection with its request for Landlord’s consent approval for particular Alterations or improvements, or in connection with its notice to Landlord with respect to Cosmetic Alterations, (1) Tenant requests Landlord’s decision with regard to the removal of such Alterations or improvements, and (2) Landlord thereafter agrees in writing to waive the removal requirement when approving (or, if applicable, following notification of) such Alterations or improvements, then Tenant shall not be required to so remove such Alterations or improvements; provided further, however, that if Tenant requests such a determination from Landlord and Landlord, in its approval of any Alteration Alterations or improvementimprovements (or within 10 business days following Landlord’s receipt of notice from Tenant with respect to Cosmetic Alterations), fails to address the removal requirement with regard to such Alterations or improvements, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5improvements. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building building-standard tenant improved “warm shell” condition as reasonably determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Memec Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances (but not including Tenant's personal property or trade fixtures) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior given at the time Tenant requests Xxxxxxxx's consent to the end of the Lease Term, or given following any earlier termination of this LeaseAlteration, require Tenant, at Tenant’s 's expense, upon the expiration or earlier termination of the Lease term, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Multi Tenant Office Triple Net Lease (Aehr Test Systems)
Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the Premises by or on behalf of Tenant, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to may require that Tenant prior to remove any improvement or Alteration upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal; provided, however: (i) Tenant may not remove any Original Premises Tenant Improvements, Must-Take Space Tenant Improvements (the Original Premises Tenant Improvements and the Must-Take Space Tenant Improvements being sometimes referred to herein collectively as the “Tenant Improvements”) or Alterations paid for by Landlord with Landlords own funds and/or out of any tenant improvement allowances provided by Landlord (except any such removal made in connection with those Alterations approved by Landlord or not required by the terms of this Lease to be approved by Landlord); (ii) with respect to all other initial Tenant Improvements or Alterations which Tenant elects to remove, Tenant shall, at its expense, promptly repair any damage to the Premises caused by such removal; and return the affected portion (iii) Landlord may, by written notice delivered to Tenant concurrently with Landlord’s approval of the Premises to their condition existing prior to the installation of such final working drawings for any initial Tenant Improvements or Alterations, identify those Alterations or improvements orinitial Tenant Improvements which Landlord will require Tenant to remove at the expiration or earlier termination of this Lease; provided further, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding Tenant shall in no event be required to remove any such Alterations (or initial Tenant Improvements, as the foregoingcase may be) other than (A) any raised floors, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvementinternal stairwells, Landlord vaults, and other similar special use tenant improvements (which raised floors, internal stairwells, vaults, and other similar special use tenant improvements shall notify Tenant whether the applicable Alteration or improvement will only be required to be removed to the extent Landlord identifies such items as being required to be removed at the expiration or earlier termination of this Lease pursuant to the terms foregoing provisions of this Section 8.58.3), and/or (B) those other improvements or alterations which are of such specialized nature or application that the same are not typical for office and/or research and development tenants in the Comparable Buildings, and the cost to demolish such items exceeds the cost to demolish general office improvements (which other improvements or alterations shall only be required to be removed to the extent Landlord identifies such improvements or alterations as being required to be removed at the expiration or earlier termination of this Lease pursuant to the foregoing provisions of this Section 8.3. Notwithstanding anything in the foregoing to the contrary, the parties hereby agree that the improvements cross-hatched on the preliminary conceptual plans attached hereto as Exhibit N shall be deemed to be specialized improvements for purposes of this Section 8.3 and to the extent any such improvements are installed by or on behalf of Tenant (as part of the initial Tenant Improvements or otherwise), then upon the expiration or earlier termination of this Lease and without the need for Landlord to notify Tenant thereof pursuant to the foregoing provisions of this Section 8.3, Tenant shall be required to remove such improvements and restore the areas of the Premises in which such improvements were installed to a “warm shell” condition substantially in accordance with the Fifth Floor Required Condition. If Landlord requires Tenant to remove any such initial Tenant Improvements and/or Alterations which are constructed for the Premises, Tenant, at its sole cost and expense, shall remove the identified initial Tenant Improvements and/or Alterations on or before the expiration or earlier termination of this Lease and repair any damage to the Premises caused by such removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Polycom Inc)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Article 1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises (excluding any Improvements, which Improvements shall not be required to be removed by Tenant upon the expiration or earlier termination of this Lease), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Versartis, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding the foregoing, upon request by Landlord may not require Tenant to remove at the time expiration or early termination of Tenant’s request for the Lease Term any Tenant Improvements shown in the approved Landlord’s consent to Final Working Drawings or any Alteration Alterations consistent with the improvements shown in the approved Landlord’s Final Working Drawings or improvement, Landlord shall notify Tenant whether any Alternations which are otherwise consistent with the applicable Alteration typical tenant improvements in the biotechnology or improvement will be required to be removed pursuant to the terms of this Section 8.5pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant may remove its moveable personal property (including without limitation all furniture, equipment, computer equipment and the like) from the Premises at any time, provided that Tenant repairs any damage caused by such removal.
Appears in 1 contract
Samples: Lease (Aligos Therapeutics, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises by or on behalf of Tenant, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.58.5 and whether Tenant will be required to restore any portion of the Premises affected by such removal, and Tenant shall have no removal or restoration obligations for Alterations or improvements identified in such notice as not requiring removal by Landlord. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their a condition existing prior required by Landlord (subject to the installation of such Alterations or improvements orimmediately preceding sentence), if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.. -22- HCP, INC. [4930 Director’s Place] [Sorrento Therapeutics, Inc.]
Appears in 1 contract
Samples: Lease (Sorrento Therapeutics, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord upon the expiration or earlier termination of this Lease; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation installment of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation installment of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Tercica Inc)
Landlord’s Property. All AlterationsAny Alterations installed by or on behalf of Tenant shall remain the Property of Tenant, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about and Tenant shall have the right to remove the same and shall repair all damage to the Premises, from time the Building or both caused by such removal or, at Tenant’s election surrender the same to timeLandlord with the Premises, in which event the same shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, that if Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to reasonably requires in accordance with the terms of this Section 8.5. If Tenant fails 10 below and consistent with the custom and practice of landlords in Comparable Buildings, as a condition to complete such removal and/or to repair any damage caused by the removal Landlord’s approval of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such the same, that Tenant remove any Alterations installed by or improvements oron behalf of Tenant, if elected then Tenant shall, at Tenant’s election, either (i) cause the same to be removed at Tenant’s expense on or before the Lease Expiration Date, or (ii) reimburse Landlord for the reasonable costs incurred by Landlord for removal of the subject Alteration which Landlord required that Tenant remove; which reimbursement shall be made by Tenant to Landlord within thirty (30) days after Tenant’s receipt of Landlord’s request together with invoices evidencing the subject of costs incurred by Landlord. Notwithstanding the foregoing, (a) Tenant shall not be required to remove any Alterations which constitute improvements which are typically found in office space in Comparable Buildings, or any reinforcement of floor slabs or other structural aspects of the Building, flooring and track for high density file systems, supplemental/auxiliary HVAC units, UPS systems, cables, mill work or plumbing (collectively, the “Typical Improvements”). Alterations which Landlord may require be removed by Tenant as a building standard tenant improved condition to Landlord’s approval of the same are hereinafter referred to as determined by Landlord“Items Subject to Removal”. Landlord shall, prior together with its consent to the expiration or earlier termination of this Leasesubject Alterations, then Rent shall continue specify the extent to accrue under this Lease which it will require Tenant to remove the Items Subject to Removal in accordance with Article 16, below, after question at the end of the Lease Term until such work shall be completedTerm, and if Landlord fails so to specify, Tenant shall have no further obligation to remove the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Leasesame.
Appears in 1 contract
Landlord’s Property. All AlterationsAny Alterations and other improvements and any equipment, improvementsmachinery, fixturesfurnishings and other property, equipment and/or appurtenances which may be installed or placed located in or about the Premises, from time to timethe Building or the Land by or on behalf of Landlord or Tenant, except for Tenant’s Personal Property: (i) shall be at the sole cost of Tenant and shall be and immediately become the property of Landlord, and (ii) shall be surrendered to Landlord with the Premises as a part thereof at the end of the Term; provided, however, that if Landlord mayrequests Tenant to remove any Alterations installed by or on behalf of Tenant, Tenant shall cause the same to be removed at Tenant’s expense on or before the Lease Expiration Date, or shall reimburse Landlord for the cost of such removal, as elected by written notice Landlord (unless Landlord expressly waives in writing the right to require such removal at the time Landlord give its consent to the making of such Alterations). Landlord and Tenant prior acknowledge that Tenant shall install a loading lift and cabling for use by the Tenant in the Premises. Notwithstanding the foregoing, Tenant, upon submitting its request to Landlord to make Alterations, shall have the right to request therein that Landlord specify whether and to what extent Landlord will require Tenant to remove the Alterations in question at the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage provided that Tenant refers therein to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms provisions of this Section 8.5. 10.A. If Tenant fails shall fail to complete request such removal and/or information in its request to repair make any damage caused by Alterations, such right shall be deemed null and void as to the removal Alterations in question, and all such Alterations shall thereafter be subject to the exercise of any Alterations or improvements Landlord’s rights and to Tenant’s obligations set forth in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination first sentence of this Lease, then Rent shall continue to accrue under this Lease Section 10.A. If Tenant submits its request for such information in accordance with Article 16the foregoing provisions and Landlord consents to the Alterations requested, belowLandlord shall, after together with its consent, specify in writing whether and to what extent it will require Tenant to remove the Alterations in question at the end of the Lease Term until such work shall be completedTerm, and if Landlord fails so to specify, Tenant shall have no further obligation to remove the right, but not Alterations which were the obligation, subject of Tenant’s request. Notwithstanding anything to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ feescontrary set forth in this Lease, in no event shall Tenant be required to remove any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about cabling which Tenant installs in the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises (including, without limitation, the Improvements), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations, then Tenant shall not be required to so remove such Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) Business Days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration or improvementAlterations, fails to address the removal requirement with regard to such Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return removal; provided, however, that other than with respect to the affected portion of interconnecting stairway to be installed in the Premises (which Landlord may require Tenant to their condition existing remove prior to the installation expiration of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvementLease Term), Landlord shall notify not require Tenant whether to remove any Tenant Improvements shown in the applicable Alteration Approved Schematic Plans , any Alterations consistent with the improvements shown in the Approved Schematic Plans, or improvement will be required to be removed pursuant to any Alterations which are otherwise consistent with typical tenant improvements in the terms of this Section 8.5biotechnology or pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the “Tenant’s Property”) shall at all times be and remain Tenant’s property. Exhibit F may be updated from time to time by agreement of the parties. Tenant may remove the Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant’s Property.
Appears in 1 contract
Samples: Lease (Annexon, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a Building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to given at the end time of the Lease Term, or given following any earlier termination of this LeaseLandlord’s approval thereof, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises (including, without limitation, the “Tenant Improvements” (as that term is defined in the Tenant Work Letter)) prior to the end of the Lease Term or upon any earlier termination of this Lease, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building Building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building Building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Internet Brands, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, ------------------- equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord may, by written notice have not been paid for with any Tenant improvement allowance funds provided to Tenant prior to the end of the Lease Termby Landlord, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair provided Tenant repairs any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to (i.e., that portion of the installation of such Premises where the Alterations or improvements or, at Landlord’s election, are removed) to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at condition. At the time Landlord consents to any Alterations, Landlord shall indicate which of Tenant’s request for LandlordAlterations Tenant must remove at Tenant’s consent to any Alteration or improvement, Landlord shall notify Tenant whether sole cost and expense at the applicable Alteration or improvement will be required to be removed pursuant to end of the terms of this Section 8.5Term. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Leasecondition, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Bare Escentuals Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a commercially reasonable condition. Furthermore, Landlord may, by written notice to Tenant prior given at the time Landlord grants its consent to any Tenant Improvements, Alterations or systems and equipment (which notice shall specify the end of the Lease Term, or given following any earlier termination of this Leasereasonable grounds for such requirement), require Tenant, at Tenant’s expense, to remove any Alterations or improvements systems and to equipment in the Premises, which is not a typical general office improvement, upon the expiration or earlier termination of this Lease (the “Designated Alterations”) and repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing a commercially reasonable condition, provided that Landlord shall have the right to require Tenant to leave any of the Designated Alterations in the Premises by delivery of notice to Tenant at least six (6) months prior to the installation end of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the Term. Notwithstanding the foregoing, upon request by Tenant at shall have no obligation to remove any of the time initial Tenant Improvements provided they are consistent with the “Final Space Plan” (as defined in Section 3.2 of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5Work Letter). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any such Tenant Improvements, Alterations or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved commercially reasonable condition as determined by Landlord, prior to the expiration or earlier termination of required under this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16provided that Tenant does not fulfill such obligation within thirty (30) days following notice from Landlord, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (THQ Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (provided that the foregoing shall not limit Landlord’s obligation to pay for the Tenant Improvements under the Tenant Work Letter as and to the extent provided for therein) and shall be and become the property of Landlord; provided, howeverexcept that (i) Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, and (ii) Tenant shall remain the owner of Tenant’s personal property paid for by Tenant, which shall be removed by Tenant prior to the expiration or earlier termination of this Lease. In all events, Tenant shall repair any damage to the Premises and Building caused by any such removal and shall return the affected portion of the Premises to the condition existing prior to the applicable installation (provided that if the subject area was unimproved, Tenant shall restore the affected area to a commercially reasonable, general office condition reasonably approved by Landlord). Furthermore, Landlord may, subject to the terms of Section 8.2 of this Lease, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing prior to the applicable installation of such Alterations or improvements or(provided that if the subject area was unimproved, at Landlord’s election, Tenant shall restore the affected area to a building standard tenant improved commercially reasonable general office condition as determined reasonably approved by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their a condition existing prior to the installation of such Alterations or improvements orrequired hereunder, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Except to the extent caused by Landlord’s negligence or willful misconduct, Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Blucora, Inc.)
Landlord’s Property. 8.5.1 All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall shall, except to the extent the same constitutes Tenant’s personal property, be and become the property of Landlord; provided, however, that Landlord may, by written notice to Tenant prior to given at the end of the Lease Term, time Landlord approves such Alterations or given following any earlier termination of this Leaseother improvements, require Tenant, at Tenant’s expense, to remove any such Alterations and/or improvements at the expiration or improvements and to earlier termination of this Lease, repair any damage to the Premises and Building caused by such removal removal, and return the affected portion of the Premises to their substantially the condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building building-standard tenant improved condition as reasonably determined by Landlord; provided; however, that notwithstanding . Notwithstanding the foregoing, upon request however, Landlord agrees that, unless the same are made in connection with Tenant’s subleasing of less than the entirety of the Premises or otherwise separately demising any portion of the Premises (i.e., creating a multi-tenant Building) (in which event, Landlord reserves all rights hereunder), any Alterations and/or improvements that constitute customary general office improvements to the interior of the Premises, and result in a customary general office layout (i.e., improvements and a layout usable by a typical office tenant, without significant demolition or other alterations), all as reasonably determined by Landlord, shall not be required to removed by Tenant at the time expiration or earlier termination of Tenant’s request for Landlord’s consent to any Alteration or improvementthis Lease.
8.5.2 If, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant as and to the terms of this extent required by Section 8.5. If 8.5.1 above, Tenant fails to complete such any removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their substantially the condition existing immediately prior to the installation construction of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Without limiting the generality of Tenant’s obligations set forth in Section 10.1 below, Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs lien actually and reasonable attorneys’ fees, in any manner relating to proximately caused by the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration of the Lease Term or any earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall not be required to remove any Alterations that Landlord has previously granted consent for and indicated in writing that removal at the end of the Lease Term is not required.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Landlord’s Property. All Alterations, improvementsTenant Improvements, fixtures, equipment fixtures and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, Tenant Improvements and/or fixtures which Tenant can substantiate to Landlord mayhave not been paid for -00- 0000 Xxxxxxx Xxxx., by written notice Xxxxxxxx X with any tenant improvement allowance funds provided to Tenant prior to by Landlord (excepting any Generator and related accessories and components, which at Landlord’s option, in its sole discretion, shall become the end property of the Lease TermLandlord in all events), or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair provided Tenant repairs any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their the condition existing prior to the Tenant’s installation of such Alterations or improvements orthe subject Alteration, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding Tenant Improvement and/or fixture. Notwithstanding the foregoing, upon request Tenant may not remove any Tenant Improvements or Alterations paid for by Landlord with Landlord’s own funds or out of any tenant improvement allowances provided by Landlord (except as set forth below); provided that Landlord may, by written notice delivered to Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvementAlterations and/or at the time of Landlord’s approval of the Final Working Drawings (as that term is defined in Section 3.2 of the Tenant Work Letter), Landlord identify those Alterations and/or Tenant Improvements, as the case may be, which Tenant shall notify Tenant whether the applicable Alteration or improvement will be required to remove at the expiration or earlier termination of this Lease; provided that in no event shall Tenant be removed pursuant required to remove any (i) cabling and wiring, (ii) Alterations or Tenant Improvements which are general office improvements and the supporting MEP and fire sprinkler installations, or (iii) one additional stairwell installed by Tenant which are included in the Construction Documents (as defined in Exhibit B) approved by Landlord. If Landlord requires Tenant to remove any such Alterations (or any such Tenant Improvements) which are constructed for the Premises, Tenant, at its sole cost and expense, shall remove the identified Alterations and Tenant Improvements on or before the expiration or earlier termination of this Lease and repair any damage to the terms of this Section 8.5Premises caused by such removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Tenant Improvements, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (GoodRx Holdings, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises by Tenant or on behalf of Tenant, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord upon expiration of this Lease; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s 's election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s 's request for Landlord’s 's consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. Notwithstanding the foregoing, Tenant shall not be required to remove any Tenant Improvements or Alterations which are normal and customary business office improvements; provided, however, in any event Landlord may require Tenant to remove all (i) rolling files and structural supports, (ii) built-in or high-density file systems, (iii) any supplemental HVAC system installed by Tenant, (iv) any structural improvements, and (v) any security or information technology systems installed by or on behalf of Tenant in the Premises. Tenant shall not be required to remove any improvements that are existing in the Premises on the Lease Commencement Date. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ ' fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant at least sixty (60) days prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises (including, without limitation, the Improvements), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord, subject to reasonable wear and tear; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify be deemed to have required the removal requirement with regard to such Alterations or Cosmetic Alterations. In any event, Tenant whether the applicable Alteration or improvement will shall be required to remove the interconnecting stairwell between the second (2nd) and third (3rd) floors of the Premises (unless Landlord notifies Tenant in writing a new tenant is leasing both the second (2nd) and third (3rd) floors of the Premises and desires that the stairwell not be removed pursuant removed, in which event Tenant shall have no obligation to remove such stairwell), any ventilation systems located in any kitchen within the terms Premises and any showers installed in the Premises by or on behalf of this Section 8.5Tenant. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Sublease Agreement (Amplitude, Inc.)
Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Improvements to be constructed in the Premises pursuant to the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises located within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Selectica Inc)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Landlord may, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, Landlord acknowledges and agrees that notwithstanding none of the foregoing, upon request initial Tenant Improvements (other than Tenant's vault and other improvements ancillary to such vault) constructed by Landlord on behalf of Tenant at in accordance with the time of Tenant’s request for Landlord’s consent Tenant Work Letter and that certain initial test fit plan attached hereto as Schedule 2 to any Alteration or improvement, Landlord Exhibit B shall notify Tenant whether the applicable Alteration or improvement will be required by Landlord to be removed pursuant to from the terms of this Section 8.5Premises. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord consistent with the standard condition of other premises provided by Landlord in the Building. Furthermore, Landlord may, by written notice to received by Tenant no less than fifteen (15) days prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of existed on the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to TenantCommencement Date. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements (excluding any Tenant Improvements) and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5; provided further, however, in no event shall Tenant be required to remove any Alterations that are a natural and logical extension of, are comparable to or are a replacement or refurbishment of the Tenant Improvements. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by LandlordPremises, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary in this Lease, Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises shall at all times be and remain Tenant’s property and may be removed from the Premises at anytime, provided that Tenant repairs all damage caused by such removal.
Appears in 1 contract
Samples: Office Lease (Audience Inc)
Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be permanently installed in or placed in about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which are installed, provided Tenant repairs any damage to the Premises and Building caused by such removal, normal wear and tear excepted. Furthermore, if Landlord requires, at the time Landlord approves of the Alteration, that Tenant be required to remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant no later than ninety (90) days prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, expense to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal (normal wear and return the affected portion of the Premises to their condition existing prior tear excepted), subject, however, to the installation of such Alterations or improvements or, at restrictions on Landlord’s election, right to a building standard tenant improved condition so require Tenant to remove certain Alterations as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this provided in Section 8.515.2 below. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to at the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so upon ten (10) days’ notice to Tenant and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual, reasonable and documented cost thereof to TenantTenant (without profit or xxxx-up). Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive except to the expiration extent the particular work is performed by Landlord and/or such liability, cost, obligation, claim or earlier termination of this Leaseexpense results from Landlord’s negligence or willful misconduct.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation installment of such Alterations or improvements or, at Landlord’s 's election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation installment of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Corgentech Inc)