Common use of Ownership Removal Surrender and Restoration Clause in Contracts

Ownership Removal Surrender and Restoration. 8.4.1 Subject to Lessor’s right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by Lessee shall be the property of Lessee but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations; provided, however, that the modular clean room and the permanent electrical generator installed adjacent to the Premises (as shown on Exhibit A) shall remain the property of the Lessee and which the Lessee agrees to remove from the premises upon Lease termination. Unless otherwise instructed per Section 8.4.2 hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises. 8.4.2 Lessor, unless otherwise agreed in writing, may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations made without the required consent. 8.4.3 Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee, whether such damage is located inside the Premises, on the exterior of the Building or in the Common Areas. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the Premises) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Section 8.4.3 without the express written consent of Lessor shall constitute a holdover under the provisions of Section 20.9 below.

Ownership Removal Surrender and Restoration. 8.4.1 Subject to Lessor’s right to require removal or elect ownership as hereinafter provided, all Alterations and All Utility Installations and Alterations made to the Premises by Lessee shall be the property of Lessee but considered a part of the Premises. Lessor may, but Lessee may remove such items installed by Lessee at any time, elect in writing to be the owner of all or any specified part end of the Lease term or prior thereto provided that Lessee Owned repairs any damage to the Premises as a result of such removal. In addition, Lessor may require that any Alterations and or Utility Installations; provided, however, that the modular clean room and the permanent electrical generator installed adjacent Installations hereafter made to the Premises (as shown on Exhibit Aother than Alterations and Utility Installations made in connection with Tenant's initial occupancy of the Premises) shall be removed by Lessee by the expiration or earlier termination of this Lease, notwithstanding that their installation may have been consented to by Lessor, provided that Lessor notifies Lessee of such removal requirement at the time Lessor consents to Lessee's installation thereof. Any Alterations for which Lessor's consent is not required may, at Lessee's option, remain in the Premises at the expiration or earlier termination of this Lease. Lessee's Trade Fixtures shall remain the property of the Lessee and which the shall be removed by Lessee agrees to remove from the premises upon Lease termination. Unless otherwise instructed per Section 8.4.2 hereof, all Lessee Owned Alterations and Utility Installations shall, at by the expiration or earlier termination of this Lease, become subject to Lessee's obligation to repair any damage to the property of Lessor and be surrendered by Lessee with the Premises. 8.4.2 Lessor, unless otherwise agreed in writing, may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this LeasePremises resulting from such removal. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations made without the required consent. 8.4.3 Lessee shall surrender the Premises by the Expiration Date end of the last day of the Lease term or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, with all of Lessee's Trade Fixtures (and any Alterations and Utility Installations which Lessor has properly and timely notified be removed by Lessee) removed and all damage resulting from such removal repaired as described above in this Paragraph 7.4, and in good operating order, condition and state of repair, ordinary wear and tear (and damage by fire or other casualty which is not Lessee's obligation to repair) excepted. “Ordinary wear and tear” tear shall not include any damage or deterioration that would have been prevented by good maintenance practice. Lessee shall repair any damage occasioned by the installation, maintenance practice or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee, whether such damage is located inside the Premises, on the exterior of the Building or in the Common Areas. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the Premises) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed substantially performing all of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to its obligations under this Section 8.4.3 without the express written consent of Lessor shall constitute a holdover under the provisions of Section 20.9 belowLease.

Ownership Removal Surrender and Restoration. 8.4.1 (a) Ownership Subject to Lessor’s right to require removal or elect ownership as hereinafter provided, . all Alterations and Utility Installations installations made by Lessee shall be the property of Lessee Lessee. but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations; provided, however, that the modular clean room and the permanent electrical generator installed adjacent to the Premises (as shown on Exhibit A) shall remain the property of the Lessee and which the Lessee agrees to remove from the premises upon Lease termination. Unless otherwise instructed per Section 8.4.2 paragraph 7 4(b) hereof, all Lessee Owned Alterations and Utility Installations installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises. 8.4.2 Lessor(b) Removal By delivery to Lessee of written notice from Lessor not earlier than 90 and riot later than 30 days prior to the end of the term of this Lease, unless otherwise agreed in writing, Lessor may require that any or all Lessee Owned Alterations or Utility Installations installations be removed by the expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations installations made without the required consent. 8.4.3 consent (c) Surrender; Restoration. Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvementsImprovements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. excepted “Ordinary wear and tear” shall not include any damage or deterioration degeneration that would have been prevented by good maintenance practice. Notwithstanding the foregoing. If this Lease is for 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed Installed by or for Lessee, whether such damage is located inside the Premises, on the exterior of the Building or in the Common Areas. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the PremisesProject) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Section 8.4.3 Paragraph 7 4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of Section 20.9 belowParagraph 26 below 8. Insurance; Indemnity.

Ownership Removal Surrender and Restoration. 8.4.1 Subject to Lessor’s 's right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by Lessee shall be the property of Lessee Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations; provided, however, that the modular clean room and the permanent electrical generator installed adjacent to the Premises (as shown on Exhibit A) shall remain the property of the Lessee and which the Lessee agrees to remove from the premises upon Lease termination. Unless otherwise instructed per Section 8.4.2 hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises. 8.4.2 Lessor, unless otherwise agreed in writing, may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations made without the required consent. 8.4.3 Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. “"Ordinary wear and tear” '' shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, if this Lease is for 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee, whether such damage is located inside the Premises, on the exterior of the Building or in the Common Areas. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or by any third party with which Lessee has a contract (except Hazardous Substances which were deposited via underground migration from areas outside of the Premises) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Section 8.4.3 without the express written consent of Lessor shall constitute a holdover under the provisions of Section 20.9 below.

Ownership Removal Surrender and Restoration. 8.4.1 Subject to Lessor’s right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by Lessee shall be the property of Lessee Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations; provided, however, that the modular clean room and the permanent electrical generator installed adjacent to the Premises (as shown on Exhibit A) shall remain the property of the Lessee and which the Lessee agrees to remove from the premises upon Lease termination. Unless otherwise instructed per Section 8.4.2 hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises. 8.4.2 Lessor, unless otherwise agreed in writing, may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations made without the required consent. 8.4.3 Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, if this Lease is for 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee, whether such damage is located inside the Premises, on the exterior of the Building or in the Common Areas. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or by any third party with which Lessee has a contract (except Hazardous Substances which were deposited via underground migration from areas outside of the Premises) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Section 8.4.3 without the express written consent of Lessor shall constitute a holdover under the provisions of Section 20.9 below.

Ownership Removal Surrender and Restoration. 8.4.1 (a) Subject to Lessor’s Landlord's right to require their removal or elect ownership become the owner thereof as hereinafter providedprovided in this Paragraph 7.4, all Alterations and Utility Installations made to the Premises by Lessee Tenant shall be the property of Lessee and owned by Tenant, but considered a part of the Premises. Lessor Landlord may, at any timetime and at its option, elect in writing to Tenant to be the owner of all or any specified part of the Lessee Tenant Owned Alterations and Utility Installations; provided, however, that the modular clean room and the permanent electrical generator installed adjacent to the Premises (as shown on Exhibit A) shall remain the property of the Lessee and which the Lessee agrees to remove from the premises upon Lease termination. Unless otherwise instructed per Section 8.4.2 subparagraph 7.4(b) hereof, all Lessee Tenant Owned Alterations and Utility Installations shall, at the expiration or earlier termination of this Lease, become the property of Lessor Landlord and remain upon and be surrendered by Lessee Tenant with the Premises. 8.4.2 Lessor(b) At the time of Tenant's request for approval to make Tenant Owned Alterations or Utility Installations, unless otherwise agreed Tenant shall request and Landlord shall advise Tenant in writing, may require that any writing of Landlord's requirement as to whether or all Lessee which portion of such Owned Alterations or Utility Installations are to be removed by the expiration or Tenant upon termination of this the Lease. Lessor Unless express written approval to leave such Tenant Owned Alterations or Utility Installations is provided by Landlord, the same shall be removed by Tenant upon termination of the Lease. Landlord may require the removal at any time of all or any part of any Lessee Tenant Owned Alterations or Utility Installations made without the required consentwritten consent of Landlord. 8.4.3 Lessee (c) Tenant shall surrender the Premises by the Expiration Date end of the last day of the Term or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, debris and in as good operating order, condition and state of repairrepair as when received and otherwise in conformity with Tenant's obligations under this Paragraphs 7 and 34 and Applicable Law, excepting ordinary wear and tear exceptedand damage caused by fire or other casualty loss which Tenant is not obligated to repair, replace or otherwise remedy (or bear the cost thereof) under any provision of this Lease. “"Ordinary wear and tear” " shall not include any damage or deterioration that would have been prevented by good maintenance practicepractice or by Tenant performing all of its obligations under this Lease. Lessee Except as otherwise agreed, designated pursuant to the approval procedure set forth in Paragraph 7.3 or specified in writing by Landlord, the Premises, as surrendered, shall include the Utility Installations. The obligation of Tenant shall include without limitation the repair of any damage occasioned by the installation, maintenance or removal of Tenant's Trade Fixtures, Lessee owned furnishings, equipment, and Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for LesseeTenant, whether such damage is located inside and the Premisesremoval, on the exterior of the Building or in the Common Areas. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lesseereplacement, or remediation of any third party (except Hazardous Substances which were deposited via underground migration from areas outside of soil, material or ground water to the Premises) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirementsextent contaminated by Tenant, all as may then be required by Applicable Law and/or good practice. Tenant's Trade Fixtures shall remain the property of Lessee Tenant and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed Tenant subject to have been abandoned by Lessee its obligation to repair and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate restore the Premises pursuant per this Lease. Notwithstanding the foregoing, Landlord and Tenant agree that immediately prior to this Section 8.4.3 without the express written consent surrender of Lessor shall constitute a holdover under the provisions of Section 20.9 below.Premises by

Ownership Removal Surrender and Restoration. 8.4.1 Subject to Lessor’s right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by Lessee shall be the property of Lessee Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations; provided, however, that the modular clean room and the permanent electrical generator installed adjacent to the Premises (as shown on Exhibit A) shall remain the property of the Lessee and which the Lessee agrees to remove from the premises upon Lease termination. Unless otherwise instructed per Section 8.4.2 hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises. 8.4.2 Lessor, unless otherwise agreed in writing, may require at the time Lessor grants its consent for such Alterations or Utility Installations, or upon notice to Lessor of an Alteration that does not require Lessor’s consent that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations made without the required consentconsent or, if no consent of Lessor is required, upon receipt of a notice from Lessee requesting Lessor’s determination of whether such Alteration or Utility Installation will be required to be removed. 8.4.3 Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear tear, casualty and condemnation excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practicepractice consistent with maintenance practices typical for buildings similar to the Premises. Notwithstanding the foregoing, if this Lease is for 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Commencement Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee, whether such damage is located inside the Premises, on the exterior of the Building or in the Common Areas. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the PremisesPremises and subject to Section 6.2.5 hereof) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date and is not thereafter removed following thirty (30) days’ notice to Lessee thereof, shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Section 8.4.3 without the express written consent of Lessor shall constitute a holdover under the provisions of Section 20.9 below.

Ownership Removal Surrender and Restoration. 8.4.1 Upon the expiration of the Term, Lessee shall remove from the Premises all personal property owned by Lessee. Such Lessee personal property left on the Premises on the tenth (10th) day following the expiration or termination of the Term shall, at Lessor’s option, automatically and immediately become the propetry of Lessor. Lessee, its employees, agents and contractors shall utilize any and all Lessee personal property “AS IS” and “WHERE IS” without representation or warranty of any kind by Lessor, and Lessee shall defend, indemnify, protect and hold Lessor harmless from and against any and all losses resulting from Lessee’s use of any Lessee personal property or the failure of Lessee to remove such personal property from the Premises at the expiration or termination of the Term as required herein. Subject to Lessor’s right to require removal or elect ownership as hereinafter provided, all Alterations alterations, improvements, additions and Utility Installations utility installations made by Lessee shall be the property of Lessee Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations; provided, however, that the modular clean room and the permanent electrical generator installed adjacent to the Premises (as shown on Exhibit A) shall remain the property of the Lessee and which the Lessee agrees to remove from the premises upon Lease termination. Unless otherwise instructed per Section 8.4.2 hereofherein, all alterations, improvements, additions and utility installations made by Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises. 8.4.2 Lessor. By delivery to Lessee of written notice from Lessor not earlier than ninety (90) and not later than thirty (30) days prior to the end of the term of this Lease, unless otherwise agreed in writing, Lessor may require that any or all alterations, improvements, additions and utility installations made by Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any alterations, improvements, additions and utility installations made by Lessee Owned Alterations or Utility Installations made without the required consent. 8.4.3 . Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, if this Lease is for 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee, whether such damage is located inside the Premises, on the exterior of the Building or in the Common Areas. Lessee shall also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the PremisesProject) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Section 8.4.3 paragraph without the express written consent of Lessor shall constitute a holdover under the provisions of Section 20.9 Paragraph 19.8 below.