Common use of Ownership of Alterations Clause in Contracts

Ownership of Alterations. All fixtures and all carpeting and other floor, wall and ceiling coverings, and all lighting fixtures installed on the Premises by Tenant shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the termination of the Lease, provided however: (a) Nothing in this Section shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures and/or moveable office furniture and equipment; (b) Landlord may require Tenant to remove any or all of any Alterations at the expiration of the Term of this Lease, so long as Landlord has at the time of approval of such Alteration advised Tenant that such removal will be required; (c) Upon removal of any equipment, fixtures, and/or Alteration which Tenant is required or permitted to remove under this Lease, Tenant shall immediately and at its own expense repair and restore the Premises to the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Premises due to such removal. All property that was permitted to be removed by Tenant at the end of the Term but which remains in the Premises for sixty (60) days after Tenant vacates the Premises shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord.

Ownership of Alterations. All fixtures and all carpeting and other floor, wall and ceiling coverings, and all lighting fixtures installed on the Premises by Tenant shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the termination of the Lease, provided however: (a) Nothing in this Section Alterations shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures and/or moveable office furniture and equipment; (b) Landlord may require Tenant to remove any or all of any Alterations at property during the expiration of the Term term of this Lease. All Alterations, so long as Landlord has at the time of approval of such Alteration advised Tenant that such removal will once completed, shall not be required; (c) Upon removal of any equipment, fixtures, and/or Alteration which Tenant is required altered or permitted to remove under this Lease, Tenant shall immediately and at its own expense repair and restore removed from the Premises without Landlord's prior written approval pursuant to the condition existing prior to installation Section 9.a. above, except that Tenant may remove any Removable Trade Fixtures (subject to ordinary wear and tearas defined in Section 9.e. below) and repair without Landlord's consent provided that Tenant repairs any damage to the Premises due to or the Real Property caused by such removal. All property that was permitted Without limitation, Landlord's approval pursuant to Section 9.a. above shall not be deemed unreasonably withheld if any such Alterations would be removed, altered or demolished and not replaced with Alterations of equal or greater value and of the same utility and character as the prior Alterations. Upon the expiration or earlier termination of this Lease, all Alterations (other than Removable Trade Fixtures, which shall be and at all times remain Tenant's property) shall immediately and automatically, without any required action or notice by Landlord or Tenant, become Landlord's sole property, without any obligation on Landlord to pay Tenant any sums or other consideration therefor. Tenant shall not finance any Alterations by any means whatsoever which would result in a lien or security interest thereon or therein in favor of any party, nor shall Tenant otherwise allow any lien or security interest to be removed imposed upon or attach to any Alterations. Except as provided in Section 9.d. and below in this Section 9.c., Landlord may require Tenant, at Tenant's sole expense and by Tenant at the end of the Term but which remains in Term, to remove any Alterations and to restore the Premises for sixty to its condition prior to the Alterations. Notwithstanding the preceding sentence, Tenant shall not be required to remove any of the Tenant Improvements (60other than Removable Trade Fixtures) days after Tenant vacates to any portion of the Premises improved as general office space or warehouse space, and nor shall Tenant be deemed abandoned required to remove any of the Tenant Improvements (other than Removable Trade Fixtures) to any portion of the Phase I Premises improved as laboratory space if no more than [...***...] of the rentable square footage of the Phase I Premises is improved as laboratory space, and may, at nor shall Tenant be required to remove any of the election Tenant Improvements (other than Removable Trade Fixtures) to any portion of Landlord, either be retained the Phase II Premises improved as Landlord's property or may be removed from laboratory space if no more than [...***...] of the rentable square footage of the Phase II Premises by Landlordis improved as laboratory space.

Ownership of Alterations. All fixtures and all carpeting and other floor, wall and ceiling coverings, and all lighting fixtures installed on Alterations made or added to the Leased Premises by Tenant (which does not include Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease Term. Any such Alterations, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Section 6.1 above. At the expiration or sooner termination of this Lease, all such Alterations shall automatically become the property of Landlord and shall remain upon and be surrendered with the Premises upon the termination to Landlord as a part of the LeaseLeased Premises as required pursuant to Article 2, provided however: (a) Nothing in this Section unless Landlord shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures and/or moveable office furniture and equipment; (b) Landlord may require Tenant to remove any of such Alterations in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligation to reimburse to Tenant all or all any portion of the cost or value of any Alterations at the expiration of the Term of this Leaseso surrendered to Landlord. All modifications, so long as Landlord has at the time of approval of such Alteration advised Tenant that such removal will be required; (c) Upon removal of any equipment, fixtures, and/or Alteration alterations or improvements which Tenant is required are installed or permitted to remove under this Lease, Tenant shall immediately and at its own expense repair and restore the Premises constructed on or attached to the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Leased Premises due to such removal. All property that was permitted to be removed by Tenant Landlord at the end of the Term but which remains in the Premises for sixty (60) days after Tenant vacates the Premises Landlord’s expense shall be deemed abandoned real property and may, at a part of the election Leased Premises and shall be the property of Landlord. All lighting, either plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be retained as Landlord's property or may be removed from deemed Alterations to the Leased Premises by Landlordand not trade fixtures of Tenant.

Ownership of Alterations. All fixtures Alterations shall be and remain the property of Tenant during the term of this Lease but shall not be altered or removed from the Premises. At the expiration or sooner termination of the term of this Lease, all carpeting and other floor, wall and ceiling coverings, and all lighting fixtures installed on the Premises by Tenant Alterations shall become the property of Landlord, and Landlord shall have no obligation to reimburse Tenant for any portion of the value or cost. Notwithstanding the foregoing, if Tenant gives notice to Landlord gives notice to Landlord at the time of the installation of a custom trade fixture that Tenant desires to remove such fixture at the end of the term, then Tenant shall be permitted to remove such fixture provided that it can and shall remain upon does so without damage to the Premises, and, in any event, repairs any damage occasioned by the installation or removal of such fixture and be surrendered with restores the Premises upon to its condition existing prior to such installation. However, Landlord shall have the termination of the Lease, provided however: (a) Nothing in this Section shall be construed right to give Landlord title to or to prevent Tenant's removal of trade fixtures and/or moveable office furniture and equipment; (b) Landlord may require Tenant to remove any Alterations; in that case, Tenant shall remove the Alterations prior to the expiration or all sooner termination of the term of this Lease. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Alterations with respect to which (a) Tenant was required or selected to obtain the consent of Landlord; (b) at the time Tenant requested the consent of Landlord, Tenant requested that Landlord inform Tenant of whether Landlord would require Tenant to remove the Alteration at the expiration of the Term term of this Lease, so long as Landlord has ; and (c) at the time of approval of such Alteration advised Landlord granted consent, Landlord notified Tenant that such removal will be required; (c) Upon Landlord would not require the removal of any equipment, fixtures, and/or the Alteration which Tenant is required or permitted to remove under at the expiration of the term of this Lease, Tenant shall immediately and at its own expense repair and restore the Premises to the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Premises due to such removal. All property that was permitted to be removed by Tenant at the end of the Term but which remains in the Premises for sixty (60) days after Tenant vacates the Premises shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord.

Ownership of Alterations. All fixtures alterations and all carpeting additions shall be part of the Building and other floorowned by the Landlord, wall and ceiling coveringsexcept for certain biotechnology laboratory equipment that is to be installed in the Premises, which shall be deemed to be independent of the real property, and all lighting fixtures installed on which have been identified as Removable Alterations (as defined herein) in accordance with the terms of this Section 4.2 and by mutual agreement between the Landlord and Tenant either at the time of the Tenant’s initial occupancy of the Premises or from time to time thereafter; provided, however, that the Landlord may require removal by Tenant of all or any portion of all other alterations and additions so long as Landlord advised Tenant of such requirement prior to the installation of the alteration or addition by Tenant. If the Tenant fails to inform the Landlord, in writing, at least ten (10) days prior to the installation of the alteration or addition, thereby preventing the Landlord from making a determination as to whether it will want such addition or alteration removed from the Premises prior to its installation, then the Landlord may require such removal without exception. All movable equipment and furnishings not attached to the Premises shall become remain the property of the Tenant and shall be removed by the Tenant upon termination or expiration of this Lease. Notwithstanding anything to the contrary contained in this Section 4.2, any alterations and additions funded by the Landlord and installed as part of the Leasehold Improvements (as defined in the Work Letter) (the “Landlord Funded Alterations”) shall be part of the Building and owned by the Landlord; all alterations and additions which are necessary for the use of the Premises as an operational biotechnology laboratory (the “Base Laboratory Alterations”), regardless of who funded their acquisition and installation, shall in no event constitute Removable Alterations; and all alterations and additions which: (i) are not Landlord Funded Alterations; (ii) are not Base Laboratory Alterations; and (iii) have been designated as Removable Alterations by mutual agreement from time to time established between the Landlord and the Tenant (such items being hereinafter collectively referred to as the “Removable Alterations”) shall remain the property of the Tenant and shall be removed by the Tenant upon termination or expiration of this Lease, unless the Landlord elects to purchase all or a portion of such Removable Alterations from the Tenant for a price equal to the then depreciated book value thereof established on the Tenant’s books maintained in accordance with generally accepted accounting principals consistently applied. If the Landlord terminates this Lease on the basis of a default by the Tenant and, the Landlord elects to purchase all or a portion of the Removable Alterations as provided above, then the Landlord will credit such amounts due to the Tenant against any sums owed by Tenant to Landlord, whether overdue Annual Fixed Rent, Additional Rent, damages or otherwise. In connection with any removal by the Tenant of the Removable Alterations, the Tenant shall cap off all utility connections behind the adjacent interior finish and be surrendered restore such interior finish to the extent necessary so that the Premises are left with complete wall, ceiling and floor finishes. The Tenant shall have the right to subject the Removable Alterations to a prior security interest in connection with the Premises upon financing of its Leasehold Improvements (as defined in the termination of Work Letter) so long as the Lease, provided howeversecurity agreement evidencing the secured party’s interest in such Removable Alterations: (a) Nothing Requires the secured party to offer the Removable Alterations to the Landlord prior to offering them to third parties in this Section shall be construed to give Landlord title to or to prevent Tenant's removal the case of trade fixtures and/or moveable office furniture and equipmenta default by the Tenant as part of the secured party’s remedy under such security agreement; (b) Landlord may require Tenant to remove any or all Prohibits the sale of any Removable Alterations at the expiration of the Term of this Lease, so long as Landlord has at the time of approval of such Alteration advised Tenant that such removal will be required;Premises; and (c) Upon removal of any equipment, fixtures, and/or Alteration which Tenant is required or permitted Provides that the secured party agrees to remove under this Lease, Tenant shall immediately and at its own expense repair and restore fulfill the Premises to the condition existing prior to installation (subject to ordinary wear and tear) Tenant’s restoration and repair any damage obligations as a condition to the Premises due to such removal. All property that was permitted to be removed by Tenant at the end recovering possession of the Term but which remains in the Premises for sixty (60) days after Tenant vacates the Premises shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by LandlordRemovable Alterations.

Ownership of Alterations. All fixtures and all carpeting and other floor, wall and ceiling coverings, and all lighting fixtures installed on the Premises Title to any Alterations thereto constructed by Tenant or subtenants shall be vested in Tenant, subtenant or, as may be required for financing purposes, other parties until the expiration or earlier termination of this Lease, at which time the Alterations thereto shall become the property of Landlord Commission, free and shall remain clear of all liens and encumbrances, without any obligation on the part of Commission to pay therefore. Subject to the terms of Section 10.1 relating to damage and destruction upon and be surrendered with the Premises upon the expiration or earlier termination of the Lease, provided however: (a) Nothing in this Section shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures and/or moveable office furniture and equipment; (b) Landlord may require Tenant to remove any or all of any Alterations at the expiration of the Term of this Lease, so long as Landlord has whether by lapse of time or otherwise (including any holdover period), Tenant at its expense shall: (a) remove all of Tenant’s moveable, un- affixed personal property, goods, and effects, and those of all persons claiming under Tenant from the time Campus; (b) to the extent required by Landlord, remove all of approval of such Alteration advised Tenant that such removal will be required; its exhibits and exhibit-related casework, and (c) Upon removal promptly and peacefully surrender the leased facilities (includingsurrender of any equipmentall Tenant’s improvements, fixturesalterations, and/or Alteration which Tenant is required and additions installed on the Campus) in at least as good a condition as at the Effective Date or permitted to remove under this Leasethe date of completion of the Alterations, Tenant shall immediately and at its own expense repair and restore the Premises to the condition existing prior to installation (subject to ordinary reasonable wear and teartear and casualty excepted. Any property left on the Campus more than thirty (30) and repair any damage to days after the Premises due to such removal. All property that was permitted to be removed by Tenant at the end expiration or termination of the Term but which remains in the Premises for sixty (60) days after Tenant vacates the Premises shall be deemed to have been abandoned and mayto have become the property of Landlord to dispose of as Landlord deems expedient, at the election and Tenant shall be liable for all costs associated with thedisposal of Landlord, either be retained as Landlord's property or such property. Tenant hereby waives all claims for damages that may be removed from caused by Landlord re-entering and taking possession of the Premises by LandlordCampus or removing and storing Tenant’s property as herein provided. No such reentry shall be considered or construed to be a forcible entry.

Ownership of Alterations. All fixtures and all carpeting and other floor, wall and ceiling coverings, and all lighting fixtures installed on the Premises by Tenant Tenant’s Alterations shall become remain the property of Landlord and Tenant during the Lease Term but shall remain upon and not be surrendered altered (except in compliance with the Premises upon terms of this §5.2) or removed from the Premises. At the expiration or sooner termination of the LeaseLease Term, provided however: (a) Nothing in this Section all Tenant’s Alterations shall be construed surrendered to give Landlord title as part of the realty and shall then become Landlord’s property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant to prevent remove any Tenant's removal ’s Alterations, Tenant shall so remove such Tenant’s Alterations prior to the expiration or sooner termination of trade fixtures and/or moveable office furniture and equipment; the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant’s Alterations with respect to which the following is true: (bi) meet the following requirements: (A) Tenant was required, or elected, to obtain the approval of Landlord may to the installation of the Alterations in question; (B) at the time Tenant requested Landlord’s approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove any or all of any such Alterations at the expiration of the Term of this Lease, so long as Landlord has Lease Term; and (C) at the time of approval of such Alteration advised Landlord granted its approval, it did not inform Tenant that such removal will be required; (c) Upon removal of any equipment, fixtures, and/or Alteration which it would require Tenant is required or permitted to remove under this Lease, Tenant shall immediately and at its own expense repair and restore the Premises to the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Premises due to such removal. All property that was permitted to be removed by Tenant Alterations at the end expiration of the Term but which remains in Lease Term; (ii) were constructed by Landlord for Tenant’s initial occupancy of the Premises for sixty Premises; or (60iii) days after Tenant vacates the Premises shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlordare general office improvements.

Ownership of Alterations. All Unless Landlord shall elect that all or part of any alteration made by Tenant to the premises (including any alteration consented to by Landlord pursuant to paragraph 9 hereof) shall remain on the premises after the termination of this Lease, the premises shall be restored to their original condition by Tenant before the expiration of this Lease at Tenant's sole expense. Tenant shall not, however, have any responsibility to remove any improvements constructed by Landlord as part of the original fit out of the premises for Tenant. Notwithstanding anything herein to the contrary, Landlord shall advise Tenant if Tenant so requests, at the time Landlord approves any alterations to be made by Tenant ("Approved Alterations") whether or not Tenant will be required to remove such Approved Alterations at the expiration of lease term or any earlier termination thereof. Any alterations, improvements, betterments or mechanical equipment, including but not limited to, heating and air conditioning systems, but excluding trade fixtures and all carpeting and other floorpersonalty of Tenant used in the operation of Tenant's business, wall and ceiling coverings, and all lighting fixtures installed on the Premises by Tenant shall become the property of Landlord as soon as they are affixed to the premises, and shall remain upon all right, title and be surrendered with the Premises upon the termination interest thereof of the Lease, provided however: (a) Nothing in this Section shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures and/or moveable office furniture and equipment; (b) Landlord may require Tenant to remove any or all of any Alterations at the expiration of the Term of this Lease, so long as Landlord has at the time of approval of such Alteration advised Tenant that such removal will be required; (c) Upon removal of any equipment, fixtures, and/or Alteration which Tenant is required or permitted to remove under this Lease, Tenant shall immediately and cease, unless otherwise agreed to in writing by Landlord. Tenant shall promptly pay any franchise, minor privilege or other tax or assessment resulting directly or indirectly from any alterations or improvements made by Tenant to the premises subsequent to the initial improvements constructed by Landlord. Tenant shall repair promptly, at its own expense repair and restore the Premises to the condition existing prior to installation (subject to ordinary wear and tear) and repair expense, any damage to the Premises due to such removal. All property that was permitted to be removed premises or Building caused by Tenant at or its agents or contractors bringing into the end premises any property for Tenant's use, or by the installation or removal of the Term but which remains in the Premises for sixty (60) days after Tenant vacates the Premises such property, regardless of fault or by whom such damage shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlordcaused.