Common use of Landlord’s Property Clause in Contracts

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.)

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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, 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 and, other than Tenant’s equipment, which shall remain Tenant’s sole property, 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 expense, to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any “Above 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 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 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.. ARTICLE 9

Appears in 4 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, 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 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 (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 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: Massachusetts Avenue (Werewolf Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce 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, 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, 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; 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 (United Pan Am Financial Corp), Office Lease (Quality Systems Inc), 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, 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: 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 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 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 [BigHat Biosciences, Inc.] Execution Original

Appears in 2 contracts

Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO 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 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, 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 2 contracts

Samples: 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, 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 000 XXXXXXXX XXXXXXXXX “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 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: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, 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 (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 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: Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (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, 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 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: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, 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 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 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.), Five Prime Therapeutics 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 (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)

Landlord’s Property. All AlterationsLeasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant. Notwithstanding the foregoing, improvementsexcept as otherwise notified by Landlord, 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 expenseits expense and before the expiration or earlier termination hereof, to shall remove any Alterations or improvements and to Alterations, 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 to, at Landlord’s election, either (a) its condition existing prior to before the installation of such Alterations or improvements or(b) a “Standard Office/R&D Configuration”, at Landlord’s electionwhich, to for purposes of this Lease, means a building standard tenant improved condition drop ceiling open-office environment with materials and finishes consistent, as reasonably determined by Landlord; provided; however, that notwithstanding with the foregoinggeneral office improvements located in the remainder of the Building or, upon request by Tenant at if there are no general office improvements located in the time remainder of the Building, then such materials and finishes must be consistent with the general office improvements located in other buildings in the Project. If Tenant’s request for Landlord’s consent approval of any proposed Alterations contains a request that Landlord identify any portion of such Alterations that Landlord will require Tenant to any Alteration or improvementremove as provided above, then Landlord shall notify will, at the time it approves such Alterations, identify such portion of the Alterations, if any, that Landlord will require Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5so remove. If Tenant fails to complete timely perform any work required under the foregoing provisions of this Section, Landlord may perform such removal and/or to repair work at Tenant’s expense. Notwithstanding the foregoing, (a) 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, (b) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all 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 completedremoval, and (c) 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 no lien or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, other interest in any manner relating to the installation, placement, removal or financing item 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 LeaseTenant’s Property.

Appears in 2 contracts

Samples: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, 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 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 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 [Decipher Biosciences, Inc.] 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: Sorrento Highlands (Decipher Biosciences, Inc.), Sorrento Highlands (Decipher Biosciences, 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

Samples: Office Lease (Yelp Inc), Office Lease (Yelp 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 all Alterations and improvements (including demountable walls), 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 HCP, INC [Britannia Pointe Grand] [ORIC Pharmaceuticals, Inc.] 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 (Oric Pharmaceuticals, Inc.), Lease (Oric Pharmaceuticals, 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 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 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. 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 AlterationsSubject to SECTION 12.2, improvements, all fixtures, equipment and/or machinery, equipment, improvements and appurtenances which may be installed attached to, or built into, the Premises at the commencement of, or during the Term, whether or not placed in there by or about at the expense of Tenant, shall become and remain a part of the Premises, from time to time, ; shall be at the sole cost of Tenant and shall be and become deemed the property of LandlordLandlord (the "LANDLORD'S PROPERTY"), without compensation or credit to Tenant; 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 shall not be removed by Tenant at the time of Tenant’s request for Landlord’s consent to Expiration Date unless Landlord requests their removal. "NOTWITHSTANDING THE FOREGOING, (i) THE UPS SYSTEM AND BACKUP GENERATOR SHALL NOT BE DEEMED LANDLORD'S PROPERTY AND SHALL BE REGARDED AS A COMPONENT OF TENANT'S PROPERTY (AS HEREINAFTER PROVIDED) AND (ii) TENANT SHALL BE RESPONSIBLE FOR REPAIRING (TO LANDLORD'S REASONABLE SATISFACTION) ANY DAMAGES TO PREMISES OR THE PROPERTY RESULTING FROM ANY INSTALLATION AND/OR REMOVAL OF THE UPS SYSTEM AND BACKUP GENERATOR." Further, 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 personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and return paid for by Tenant, shall be and shall remain the affected portion property of Landlord and shall not be removed by Tenant. In no event shall Tenant remove any of the Premises to their condition existing following materials or equipment without Landlord's prior to the installation of such Alterations written consent (which consent may be given or improvements orwithheld in Landlord's sole discretion): any power wiring or power panels, if elected by Landlordlighting or lighting fixtures, to a wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building 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, operating equipment 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 Leasedecorations.

Appears in 2 contracts

Samples: Asset Acceptance Capital Corp, Asset Acceptance Capital Corp

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 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: Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, 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 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 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 (Jounce Therapeutics, Inc.), Lease (Jounce Therapeutics, 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: Letter (Riverbed Technology, Inc.), Riverbed 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 and, other than Tenant’s equipment, which shall remain Tenant’s sole property, 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 expense, to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any “Above 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 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 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 (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, 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), Office Lease (Exact Sciences Corp)

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: Office Lease (Equinix Inc), 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, 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 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 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, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s trade fixtures, furniture and equipment), from time to time, shall be at the sole cost of Tenant (except as set forth in the Tenant Work Letter) 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 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 reasonable, 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., provided with respect to the construction of the initial Tenant Improvements to the Premises, the same shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8.. 00 Xxxxxxxxx Xxxxxxx Xxxxxxx Xxxxxxxx Xxxx [Britannia Gateway Business Park] [Senti Biosciences, Inc.]

Appears in 1 contract

Samples: Lease (Dynamics Special Purpose Corp.)

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 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: Lease (Benitec Biopharma LTD/ADR)

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 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 foregoingif, upon request by in connection with its notice to Landlord with respect to any such Alterations, (x) Tenant at the time of Tenant’s request for requests Landlord’s consent decision with regard to any Alteration or improvementthe removal of such Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to 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 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 (Palisade Bio, 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 not permanently installed, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, if Landlord requires, at the time Landlord approves of the Alteration, 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, '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 (provided, however, in no event will Tenant be required to remove any such Alterations unless they involve penetrations to the affected portion base, shell or core of the Premises to their condition existing prior to Building, would require extraordinary demolition costs or include 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 8.5riser). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in Alterations, Landlord may do so upon three (3) days notice to Tenant and if Tenant fails to complete such removal and/or repair the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements ordamage, 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, reasonable and documented 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 (First Consulting Group 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 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; , provided further, 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 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 (Inhibrx, 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

Samples: Deed of Lease (Watson Wyatt & Co Holdings)

Landlord’s Property. All 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 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 of this Lease. In addition to its trade fixtures and equipment, Tenant may also 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, 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 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 deli, gym or computer room portion of the Premises and to repair any damage to the Premises and Building caused by such removal (reasonable wear and return tear excepted) and 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 (excepting the deli, gym and/or computer room portions of the Premises, which need only be returned to a building standard shell condition as determined by Landlord); 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 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 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 (to the extent required to be removed pursuant to SECTION 8.1 and this SECTION 8.5) 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 to the expiration or earlier termination of this LeaseLandlord (reasonable wear and tear accepted), 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 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 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 1 contract

Samples: Office Lease (Newgen Results Corp)

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 personal property, 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 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 '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, (A) with respect to the "Improvements" (as that notwithstanding term is defined in Section 2.1 of the foregoingWork Letter), upon request by Landlord shall not require the removal of the Improvements at the end of the Lease Term unless Landlord shall have so notified Tenant at the time of Tenant’s request for approval of the Conceptual Space Plan in accordance with the Work Letter, and in no event shall Tenant be required to remove the internal stairways that Tenant intends to install in connection with the Improvements, and (B) if, in connection with its notice to Landlord with respect to any Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s consent decision with regard to any Alteration the removal of such Alterations or improvementCosmetic 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 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 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 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 (Concur Technologies Inc)

Landlord’s Property. All Alterations, improvements, fixtures and/or equipment (other than Tenant’s personal property and trade fixtures, equipment and/or appurtenances ) which may be installed or placed in or about the Premises, from time to timeincluding any Cabling (as defined below) and wiring associated with the Wi-Fi Network, and all signs installed in, on or about the Premises and all furniture purchased with the Furnishings Credit (as defined in Exhibit B), 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 improvement or Alteration (including any Cabling and wiring associated with the Wi-Fi Network, by written notice but excluding the initial Tenant Improvements constructed pursuant to Tenant prior to Exhibit B) 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, that, Landlord shall give Tenant written notice of such removal and return the affected portion of the Premises to their condition existing requirement not less than thirty (30) days prior to the installation expiration of such the Lease, and provided, further, for Alterations or improvements or, at made with Landlord’s electionconsent, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Landlord shall advise Tenant at the time of Tenant’s request for Landlord’s granting consent to any Alteration or improvement, if Landlord shall notify Tenant whether the applicable Alteration or improvement will be required requires such Alterations to be removed pursuant to at the terms expiration or earlier termination of this Section 8.5the Lease. If Tenant fails to complete such removal and/or to repair any damage caused to the Premises and Building by the removal of any Alterations or improvements in (including any Cabling and wiring associated with the Premises Wi-Fi Network), 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 TenantTenant (together with a five percent (5%) supervision/administration fee), and Tenant shall pay such cost to Landlord within thirty (30) days of being billed for the same. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim The provisions 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 this Section 8.4 shall survive the expiration or earlier termination of this the Lease.

Appears in 1 contract

Samples: Office Lease (Serena Software 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, 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 Tenant’s written request by Tenant at the time of Tenant’s request for Tenant requests Landlord’s consent to any Alteration or improvementmake such alterations, additions and improvements, Landlord will advise Tenant at that time whether Landlord will require Tenant to remove such alterations, additions and improvements upon the expiration or earlier termination of the Lease Term; provided, however, that Tenant shall notify Tenant whether the applicable Alteration or improvement will not be required to be removed pursuant to the terms of this Section 8.5remove typical standard office improvements. 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 (Arthrocare Corp)

Landlord’s Property. All AlterationsLeasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant. Notwithstanding the foregoing, improvementsif any Tenant-Insured Improvements (other than any Unit, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at governed by Section 23.5) are not, in Landlord’s reasonable judgment, Building-standard, then before 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, expiration or given following any earlier termination of this Leasehereof, require TenantTenant shall, at Landlord’s election, either (a) at Tenant’s expense, to and except as otherwise notified by Landlord, remove any Alterations or improvements and to such Tenant-Insured Improvements, 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 Tenant-Insured Improvements (or, at Landlord’s election, to a building Building-standard tenant tenant-improved configuration and 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, (b) pay Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant an amount equal to the terms estimated cost of this Section 8.5such work, as reasonably determined by Landlord. If Tenant fails to complete timely perform any work required under clause (a) of the preceding sentence, Landlord may perform such removal and/or work at Tenant’s expense. For purposes of this Section 7, the Tenant Improvements shown or described in the Approved Space Plan (defined in Section 2.2 of Exhibit C) or the Approved Additional Information (defined in Section 2.3 of Exhibit C) shall be deemed Building-standard. Notwithstanding the foregoing, not later than when consenting to repair (or approving pursuant to Section 2.7 of Exhibit C) any damage caused by Tenant Improvements or Alterations (or, in the removal case of any Tenant Improvements or Alterations that do not require Landlord’s consent, not later than 10 business days after receiving from Tenant a reasonably specific description of such Tenant Improvements or improvements Alterations together with Tenant’s specific request for such identification), Landlord shall identify any such Tenant Improvements or Alterations that, in the Premises Landlord’s judgment, are not Building-standard, and return the affected portion such identification shall be binding upon Landlord for purposes of the Premises to their condition existing prior to second sentence of this Section 7. • LIENS. Tenant shall keep the installation Project free from any lien arising out of any work performed, material furnished or obligation incurred by or on behalf of Tenant or its subtenants or transferees. Tenant shall remove any such Alterations or improvements or, if elected by lien within 10 business days after written notice from Landlord, and if Tenant fails to a building standard tenant improved condition as determined by Landlorddo so, prior to the expiration or earlier termination of Tenant shall be deemed in Default under this Lease, then Rent shall continue and in addition, Landlord, without limiting its remedies, may bond, insure over or otherwise pay the amount necessary to accrue under this Lease in accordance cause such removal, whether or not such lien is valid. The amount so paid, together 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’ feesfees and expenses, 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 shall be reimbursed by Tenant shall survive the expiration or earlier termination of this Leaseupon demand.

Appears in 1 contract

Samples: Office Lease (Magnite, Inc.)

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Landlord’s Property. All Subject to the provisions of this Lease, all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about affixed to the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord at the expiration or sooner termination of this Lease, except that Tenant shall have the right to remove any such 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, 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, subject to the provisions of this Lease, as to any Alterations requiring Landlord’s consent, if Landlord, as a condition to Landlord’s consent to any such Alteration (which was not a General Office Alteration), notified Tenant that it retained the right to require that Tenant remove such Alteration upon the expiration or early termination of the Lease Term, Landlord may, by by, written notice given to Tenant not less than sixty (60) days prior to the end of the Lease Term, or given within thirty (30) days following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements such Alteration 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 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

Samples: Office Lease (Imperial Capital Group, 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 '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 '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 8.58.5 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.[4939 Director's Place][Sorrento Therapeutics, Inc.]

Appears in 1 contract

Samples: Sorrento Gateway (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 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 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 1 contract

Samples: Office Lease (Team Communication Group 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 's expense, to remove any Alterations, Cosmetic Alterations or other improvements in the Premises (unless and to the extent timely identified by Landlord as a Non-Conforming Improvement in accordance with Section 2.3 of the Work Letter, excluding the initial 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 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 removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall be deemed to have agreed to waive the removal requirement with regard to such Alterations or Cosmetic Alterations. Notwithstanding the foregoing, upon request by Tenant at Landlord may only require the time removal 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 Alterations and improvements to the terms extent the same consist of this Section 8.5non-typical general office use improvements or otherwise fail to conform with then-applicable Building Standard 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 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 AlterationsAlterations (unless and to the extent Landlord has agreed that any such ./ -/// -28- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] Alterations may remain in the Premises as more particularly set forth in this Section 8.5, above), improvements, fixtures and/or equipment in, on or about the PremisesPremises (unless and to the extent timely identified by Landlord as a Non-Conforming Improvement in accordance with Section 2.3 of the Work Letter, excluding the initial Improvements), which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals 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: Hagler Bailly 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. 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 if such Alteration is deemed to be an Extraordinary Improvement 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 protectsWARNER CENTER TOWERS [Health Net, defendsInc.] Warner Center III\Health Net\JS\December 22, 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.2003 Initial Initial Initial Initial

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

Landlord’s Property. All Except as expressly set forth in this Lease, 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 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 “Specialty Improvements” to 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 Specialty Improvements, (x) Tenant requests Landlord’s decision with regard to the installation removal of such Alterations or improvements orSpecialty Improvements, at Landlord’s electionand (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Specialty Improvements, then Tenant shall not be required to a building standard tenant improved condition as determined by Landlordso remove such Specialty Improvements; 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 or improvementSpecialty Improvements, fails to address the removal requirement with regard to such Specialty Improvements, 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 Specialty Improvements. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Specialty Improvements, then Landlord may do so and may charge the actual, reasonable out-of-pocket costs thereof to Tenant, which costs shall be paid to Landlord within thirty (30) days after receipt of invoice together with reasonable supporting evidence. “Specialty Improvements” means any Alterations other than normal and customary general office improvements. Notwithstanding the foregoing, “Specialty Improvements” shall (i) not include conference rooms, training space or improvements Cosmetic Alterations and (ii) include (a) any Alterations which affect the Base Building, (b) any fitness facility in the Premises, (c) any showers, restrooms, washrooms or similar facilities in the Premises and return the affected portion that are not part of the Premises Base Building, and (d) any private stairways in the Premises. Landlord shall not unreasonably withhold its approval with respect to their condition existing prior what Improvements or Alterations Landlord may require Tenant 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 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

Samples: Office Lease (Unity Software 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 those certain Alterations, Landlord mayimprovements, fixtures and/or equipment which are moveable items of Tenant’s furniture (including the Furniture), cubicles, trade fixtures, computer equipment (and related cabling and wiring) provided Tenant repairs any damage to the Premises and Building caused by written notice such removal and returns the affected portion of the Premises to Tenant the condition existing prior to the end installation of such Alteration, ordinary wear and tear, casualty, condemnation and Landlord’s obligations under this Lease excepted. Furthermore, Landlord, by notice given to Tenant at any time prior to the Lease Term, Expiration Date or given following not later than thirty (30) days after any earlier termination of this Lease, may 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 reasonably determined by Landlord; provided; , however, that notwithstanding in no event shall Tenant be required to remove any standard office improvements (as reasonably determined by Landlord) from the Premises. If Landlord shall give such notice, then Tenant, at Tenant’s expense, prior to the Lease Expiration Date, or, in the case of an earlier termination of this Lease, within fifteen (15) days after the giving of such notice by Landlord, shall remove the same from the Premises, shall repair and restore the Premises to the condition existing prior to installation thereof and shall repair any damage to the Premises or to the Building due to such removal. Notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s if, in connection with its request for Landlord’s consent approval for particular Alterations or improvements, (x) Tenant requests Landlord’s decision with regard to any Alteration the removal of such Alterations or improvementimprovements, Landlord shall notify provide Tenant whether with Landlord’s requirements with respect to the applicable Alteration removal of such alterations or improvement will improvements and if (y) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations or improvements, then Tenant shall not be required to so remove such Alterations or improvements. Landlord agrees that all alterations and improvements existing in the Premises as of the Commencement Date shall be considered standard office improvements by Landlord and will not have to be removed pursuant to the terms of this Section 8.5by Tenant. If Tenant timely 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 the condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition required hereunder as reasonably determined by Landlord, prior then, at Landlord’s option, (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 (B) Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost (including any lost rent from the time required to design, permit and construct such restoration) 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 (Life360, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations and 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 shall be and shall, unless Landlord requires their removal as provided below, become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to at the end of the Lease Term, or given following any earlier termination expiration of this Lease, require Tenant, at Tenant’s expense, to except that Tenant may remove any Alterations or improvements trade fixtures and personal property which are not permanently affixed to repair the Premises, provided Tenant repairs any damage to the Premises and Building caused by such removal and return the affected returns that 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 Base Building condition as reasonably determined by Landlord; provided; , however, that notwithstanding in the foregoingevent Tenant disputes Landlord's determination then such dispute shall be resolved by arbitration pursuant to Section 29.29 hereof. Landlord may require the removal of any Alterations and other improvements (including the Tenant Improvements) to the extent the same relate to a non-general office use of space and/or, upon request when compared to general office improvements, are more expensive to remove, provided further, however, that any stairwells installed by Tenant in the Premises are, in any event, required to be removed by Tenant in accordance with the other terms and provisions of this Section 8.5. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, requires at the time of Tenant’s request for Landlord’s Landlord providing such consent to Tenant that Tenant remove any Alteration upon the expiration or improvementearly termination of the Lease Term, Landlord then Tenant, at Tenant's expense, shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant remove such Alterations and repair any damage to the terms of this Section 8.5Premises and Building 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 Tenant Improvements (including, but not limited to, Tenant's Exterior Signage), and return the affected portion of the Premises Premises, the Building and/or the Project to their a Base Building condition (with respect to the Tenant Improvements) or the condition existing prior to the installation making of such Alterations or improvements or, if elected by Landlord, Alteration (with respect to a building standard tenant improved condition Alterations) as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, Landlord 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. ; provided, however, that in the event 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 disputes Landlord's determination then such dispute shall be resolved by arbitration pursuant 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 LeaseSection 29.29 hereof.

Appears in 1 contract

Samples: Office Lease (Etoys 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 (except that any portable “cleanroom” which is installed by Tenant will be and remain Tenant’s property and may be removed by Tenant at any time), 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 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 Alternations as provided in Section 8.1, above) at Tenant’s expense, to remove any such timely identified 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 the repair any damage caused by the removal of any Alterations Alteration 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, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Volcano Corp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed by or on behalf of Tenant in or about the Premises, from time to time, shall be at the sole cost of Tenant and any permanently affixed Alterations, improvements, equipment and/or appurtenances 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 "Above Standard Alterations", as that term is 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 substantially the same condition existing prior to the installation of such Alterations or improvements orAbove Standard Alterations. Notwithstanding the preceding sentence, 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 if at the time of Tenant’s request for Tenant requests Landlord’s 's consent to any Alteration Alterations pursuant to this Article 8, Tenant also requests in writing Landlord's determination as to whether Landlord will require the removal of such Alterations upon the expiration or improvementearlier termination of this Lease, then Landlord shall notify Tenant whether of any such required removal and/or restoration, together with Landlord's consent for such Alterations (if such consent is given), provided that Landlord may only require Tenant to remove Above Standard Alterations. As used in this Lease, "Above Standard Alterations" shall mean any part of any Alterations which do not constitute normal and customary general office improvements as reasonably determined by Landlord, and shall include, without limitation, improvements such as voice, data and other cabling, raised floors, floor penetrations (other than plug-in core drill holes), any installations outside of the applicable Alteration Premises, or improvement will be required to be removed any areas requiring floor reinforcement, personal baths and showers, the Cafeteria, the Fitness Center, Bicycle storage areas, vaults, rolling file systems and structural alterations of any type. Above Standard Alterations shall not include plug-in core drill holes or rekeying of any of the locks in the Building. The removal of Above Standard Tenant Improvements constructed in the Premises pursuant to the Tenant Work Letter shall be governed by the terms of this Section 8.5the Tenant Work Letter. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Above Standard Alterations or improvements Above Standard Tenant Improvements in the Premises and return the affected portion of the Premises to their substantially the same condition existing prior to the installation of such Above Standard Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, Above Standard Tenant Improvements 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, on five (5) days' written notice to Tenant, to perform such work and to 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, in any manner relating to the installation, placement, removal or financing by or on behalf of Tenant 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 (SoFi Technologies, Inc.)

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 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

Samples: Lease (Biomarin Pharmaceutical 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 (Surge Components 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 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 Tenant’s request for Landlord’s consent that Landlord consents to any such Alteration or improvement, but Landlord shall notify Tenant whether the applicable Alteration or improvement will only be required to be removed pursuant so designate in the event Tenant requests, in Tenant's request for such consent, that Landlord 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: And Maintenance Agreement (Tocagen 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 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 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 Landlordimprovements; provided; however, that notwithstanding the foregoing, upon request by Tenant Xxxxxx at the time of Tenant’s request for LandlordXxxxxxxx’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 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, 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.. FOUR EMBARCADERO CENTER 607152.05/WLA [Nighthawk Radiology Services, LLC] E2621-081/1-8-07/kt/kt -21- [AMLGMN]

Appears in 1 contract

Samples: Office Lease (NightHawk Radiology 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 and, except as otherwise expressly set forth hereinbelow, shall be and become the property of Landlord. Notwithstanding the foregoing and absent any written notice from Landlord to the contrary, prior to the end of the Lease Term or any earlier termination of this Lease, Tenant, at Tenant's expense, shall remove any Alterations and/or improvements and/or systems and equipment within the Premises made by or for Tenant that are not normal and customary general office improvements (excluding any Non-Removable Alterations), and shall repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, notify Tenant that some 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 all of such Alterations and/or improvements and/or systems and equipment shall remain within the Premises, in which event Tenant shall have no obligation or improvements or, at Landlord’s election, right to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding 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 pursuant to the terms of this Section 8.5same. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any such 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 (i) Landlord may do so and Tenant shall reimburse Landlord for the actual out-of-pocket costs incurred by Landlord therefor, plus Landlord's reasonable supervision fee ([***]), and (ii) Tenant shall be deemed to be in holdover until such time as the expiration or earlier termination removal and restoration is completed (and, accordingly, the terms of Article 16 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 applicable during such work and to charge the cost thereof to Tenantperiod). 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. At any time and from time to time, Tenant may remove from the Premises any of its property, including trade fixtures and movable furniture, inventory and equipment not attached to the Building provided Tenant promptly repairs all damage caused by such removal.

Appears in 1 contract

Samples: Office Lease (C3.ai, 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 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 that Landlord consents to such Alteration (or at the time Tenant notifies Landlord of Alterations not requiring Landlord’s consent) but Landlord will only be required to so designate in the event Tenant requests, in Tenant’s request for such consent (or Xxxxxx’s notice to Landlord with respect to Alterations not requiring Landlord’s consent to any Alteration or improvementconsent), 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: Sublease (Assembly Biosciences, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be Any Alterations and other property installed or placed located in the Demised Premises by or about the Premises, from time to time, on behalf of either party (i) shall be at the sole cost of Tenant and shall be and (except for Tenant's Personal Property) immediately become the property of LandlordLandlord and be subject to this Lease, and (ii) shall remain upon and be surrendered to Landlord with the Demised Premises as a part thereof upon the expiration or termination of the Term; provided, however, that if Tenant is not in default under this Lease, Tenant shall have the right to remove, prior to the expiration of the Term, Tenant's Personal Property (except that if Tenant is then in default in the payment of any Rent due under this Lease, Tenant shall not have the right to remove Tenant's Personal Property unless Tenant cures such default within five (5) business days following the date of expiration or termination of the Term, in which case Tenant shall have the right to remove Tenant's Personal Property on or before such fifth (5th) business day following the date of expiration or termination of the Term), and provided further, that if Landlord mayshall elect that any Alterations be removed at the expiration of the Term, Tenant shall cause the same to be removed at Tenant's expense and shall surrender the Demised Premises to Landlord in the condition in which the Demised Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required under this Lease and except for ordinary wear and tear, or shall reimburse Landlord for the cost of doing so. Notwithstanding anything to the contrary set forth in this Lease, if Landlord has made commercially reasonable efforts to lease the Demised Premises to a tenant which would not require the removal of the interior stairwell which Tenant intends to install as part of Tenant's Work (the "Interior Stairwell") but has either leased the Demised Premises to a party which does require removal of the Interior Stairwell or has not then leased the Demised Premises, Landlord shall have the right, which shall be exercisable by written notice given to Tenant not later than six (6) months prior to the end expiration of the Lease TermTerm (unless the Term is terminated earlier than its scheduled expiration date pursuant to the provisions of Paragraphs 18, 19 or given following any earlier termination of this Lease20 hereof, require Tenant, at Tenant’s expensein which case said twelve (12) month requirement shall not apply), to remove any Alterations or improvements and require Tenant to repair any damage to cause 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 Interior Stairwell 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 at the expiration or earlier termination of the Term at Tenant's expense, in which case Tenant shall remove such interior stairwell and restore the area which is affected by such removal to the condition in which that portion of the Demised Premises was originally received from Landlord (the "Interior Stairwell Pre-Existing Condition"), failing which Tenant shall reimburse Landlord for the cost of doing so; provided, however, that in no event shall Tenant's cost to remove the Interior Stairwell and restore the area which is affected by such removal to the Interior Stairwell Pre-Existing Condition exceed the "Interior Stairwell Removal/Restoration Cap" (as hereinafter defined). As used herein, the term "Interior Stairwell Removal/Restoration Cap" shall mean the amount of Fifty Thousand Dollars ($50,000) as such amount has been increased by increases in the Consumer Price Index (which shall mean the revised monthly Consumer Price Index for Urban Wage Earners and Clerical Workers for the Washington-Baltimore, DC-MD-VA-WV CMSA (All Items, November 1996 = 100) promulgated by the Bureau of Labor Statistics of the United States Department of Labor) between the date of execution of this Lease by Tenant and the date of expiration or earlier termination of the Term of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after . In the end event that Landlord's actual costs of removal of the Lease Term until Interior Stairwell restoration of the area which is affected by such work shall be completedremoval to the Interior Stairwell Pre-Existing Condition exceed the Interior Stairwell Removal/Restoration Cap, and Landlord shall have reimburse Tenant for the right, but not the portion of such costs which is in excess of such Interior Stairwell Removal/Restoration Cap. Any such reimbursement obligation, to perform such work and to charge whether on 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 part of Tenant or Landlord, pursuant to this Paragraph 17.1, shall survive the expiration or earlier termination of this Lease, notwithstanding anything to the contrary set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Lecg Corp)

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, 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 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, 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 such 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 a building standard tenant improved condition existing prior as determined by Landlord. Further, Tenant shall be required to remove the modular clean room improvements (installed as part of the Tenant Improvements) within the Premises and to repair any damage to the installation Premises and Building caused by such removal and return the affected portion of such Alterations or improvements or, at Landlord’s election, the Premises 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 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 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 1 contract

Samples: Aethlon Medical 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 are not permanently affixed to the Premises, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, Landlord may, by written notice to Tenant prior to given at the end of the Lease Term, or given following any earlier termination of this Leasetime Landlord approves such Alteration(s), require Tenant, at Tenant’s 's expense, to remove any such Alterations within the Premises upon the expiration or improvements earlier termination of the 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 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 not require the removal of any initial Tenant whether the applicable Alteration or improvement will be required to be removed Improvements installed pursuant to the terms of this Section 8.5Exhibit B (except any alterations or components relating to supplemental HVAC). 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 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 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 PremisesPremises (except to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors), which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Arrowhead Pharmaceuticals, 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, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with the Tenant Improvement Allowance funds (or subsequent funds after the date hereof) 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 immediately prior to the installation of such Alteration, improvement, fixture, equipment and/or appurtenance. 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 Specialty Alteration (as that term is 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 the 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 LandlordSpecialty Alteration; 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 constitutes a Specialty Alteration and will be required to be removed pursuant to the terms of this Section 8.59(g). If Tenant fails to complete such any required removal and/or to repair any damage caused by the required removal of any Alterations or improvements in the Premises Specialty Alteration, and return the affected portion of the Premises to their the condition existing immediately prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition Specialty Alteration 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 Alteration" shall mean any Alteration or Tenant Improvement that is not a normal and customary general office improvement, including, but not limited to improvements which (i) perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems), (ii) consist of the installation of a raised flooring system, (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) involve material plumbing connections (such as, for example but not by way of limitation, the cafeterias, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems), (v) consist of the dedication of any material portion of the Premises to non-office usage, or (vi) affect the exterior of the Building, including the New Entrance (defined below). Notwithstanding the foregoing, Specialty Alterations shall not include conference rooms, typical office kitchens and kitchenettes, eating areas, catering kitchens, audio recording rooms, reception areas, server rooms, meeting areas or City Ground Floor Requirements.

Appears in 1 contract

Samples: Standard Office Lease (Glu Mobile 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 Agreement shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord maymay require Tenant, (x) with regard to Alterations, by written notice to Tenant prior 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), (y) with regard to the end Improvements constructed pursuant to Exhibit B, by notice that the same constitute “Removal Items” in accordance with the TCCs of Section 2.4 of such Exhibit B, and (z) with regard to the “Original Improvements,” as that term is set forth in Section 10.3.2, by express inclusion on Exhibit I attached to this Lease Term(as so identified, or given following any earlier termination of this Lease, require Tenantthe “OI Removal Items”), at Tenant’s expense, to remove any Alterations such timely identified Alterations, Removal Items or improvements OI Removal Items 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 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 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

Samples: Office Lease (Entropic Communications 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 '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 foregoingprovided that, 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 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 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 (Wageworks, 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 expense, remove any Alterations or improvements in the Premises designated 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 Alteration or improvementrepair, 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 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 PremisesPremises placed there by or on behalf of Tenant, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.. CHINA BASIN LANDING

Appears in 1 contract

Samples: Office Lease (LoopNet, 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 (Aehr Test Systems)

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, Landlord may, (i) by written notice to Tenant prior to the end of the Lease Termor otherwise as specified in Section 8.1, above, or (ii) in the case of Tenant’s Alterations, by the procedure specified in Section 8.6.5, below, or (iii) given within a reasonable time 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, except and to the extent caused by the negligence or willful misconduct by Landlord, its employees, agents or contractors, for which Tenant shall not be responsible.

Appears in 1 contract

Samples: Office Lease (Hyperion 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 improvements constructed by or on behalf of Tenant in the Premises, and to repair any damage to the Premises and Building caused by such 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, that notwithstanding provided that, as set forth in Section 8.2, above, Tenant shall have the foregoing, upon request by Tenant right to require a designation of any such removal obligation at the time of Tenant’s request for Landlord’s consent to any Alteration a particular tenant improvement 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 8.5Alteration. 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 (Akamai Technologies Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment improvements and/or appurtenances fixtures (excluding Tenant’s 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 (excluding Tenant’s Property) paid for by Landlord with Landlord’s own funds and/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); 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 (collectively, “Special Use Improvements”), and/or (B) 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 the cost to demolish such items exceeds the cost to demolish general office 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 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: LNR Warner Center (United Online 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

Samples: Office Lease (Prime Response Group Inc/De)

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: Torrey Pines Corporate Center (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; 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: Pointe Grand Business Park (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)

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