Removal and Restoration by Tenant. (a) All alterations, decorations, additions, erections, fixtures, improvements and appurtenances made by the Tenant, or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures), in, on, to, for or which serve the Premises, shall immediately become the property of the Landlord upon affixation or installation, without compensation therefor to the Tenant. Such alterations, decorations, additions, erections, fixtures, improvements and appurtenances shall not be removed from the Premises either during or at the expiration or earlier of this Lease except that: (i) The Tenant may during the Term in the usual or normal course of its business and with the prior written consent of the Landlord remove its trade fixtures, provided such trade fixtures have become excess for the Tenant's purposes or the Tenant is substituting new and similar trade fixtures therefor, and provided that in each case (1) the Tenant is not in default under this Lease; and (2) such removal is done at the Tenant's sole cost and expense; and (ii) The Tenant shall, at the expiration or earlier termination of this Lease, at its own cost, remove all its trade fixtures and such alterations, decorations, additions, erections, fixtures, improvements and appurtenances in, on, to, for or which serve the Premises as the Landlord at its option, upon notice to the Tenant requires to be removed. (b) If the Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade fixtures shall, at the option of the Landlord, thereupon become the property of the Landlord, without compensation therefor to the Tenant, and may be removed from the Premises and sold or disposed of by the Landlord in such manner as it deems advisable. (c) The Tenant shall, in the case of every such installation or removal either during or at the expiration of the Term, promptly make good any damage caused to the Premises or the Building. (d) For greater certainty, the Tenant's trade fixtures shall not include (i) heating, ventilating and air-conditioning systems, facilities and equipment in or serving the Premises; (ii) floor covering affixed to the floor of the Premises; (iii) light fixtures or window coverings; (iv) doors; (v) internal stairways, escalators or elevators; and (vi) anything that would not normally be considered a trade fixture; all of which are deemed to be leasehold improvements.
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Samples: Office Lease (Ace Hardware Corp)
Removal and Restoration by Tenant. (a) All As provided for elsewhere in this Lease, the Tenant accepts that, except for the Tenant’s moveable trade fixtures, any repairs, alterations, leasehold improvements (which shall include but not be limited to demising walls within the Leased Premises, doors, ceilings, lighting and plumbing fixtures, floor coverings etc), additions, decorations, additions, erections, fixtures, improvements and appurtenances made fixtures (hereafter collectively referred to as the “Alterations” and which shall include all work done within the Premises after the signing of the Lease or at any time during the term of the Lease or any renewal thereof whether such Alterations are being done by the Tenant, its contractors or made by the Landlord on behalf of the Tenant's behalf (other than ) shall, when made or installed in the Tenant's trade fixtures), in, on, to, for or which serve the Leased Premises, shall immediately be and become the property of the Landlord upon affixation without any payment or installation, without compensation therefor to the Tenant. Such alterationsTenant being made and that unless specifically instructed, decorationsin writing, additionsby the Landlord, erections, fixtures, improvements and appurtenances the Tenant shall not be removed remove any such Alterations from the Leased Premises either during or after the term of the Lease. Notwithstanding this, the Landlord shall be under no obligation to repair, maintain, or insure the Alterations. The Tenant also accepts that upon the termination of this Lease, whether at expiry or otherwise, the Landlord may, at its option, require the Tenant to remove all or part of such Alterations whether or not such Alterations were installed by the Tenant or any other person including but not limited to the Landlord on behalf of the Tenant) and to require the Tenant to repair any damage caused to the Leased Premises or the Building by such Alterations or removal. Alternatively, the Landlord may request that the Tenant pay to the Landlord at Lease expiry or termination, the amount of money estimated by the Landlord to perform the removal, restoration and /or replacement work required for the Tenant to comply with the Landlord’s surrender requirements as outlined herein. Such Landlord’s estimate must be either, at the Landlord’s sole discretion, based on bona fide, arms length, written quotes from reputable contractors and or an estimate from a certified engineer or architect chosen by the Landlord. The Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of this Lease except that:
(i) The the Term. Should the Tenant fail to perform such repair or restoration work requested by the Landlord in accordance with provisions of the Lease, then the Landlord may do such work at the expense of the Tenant and collect from the Tenant the cost of same as Additional Rent whether before or after the expiry of the Lease. With respect to the Tenant’s trade fixtures, the Tenant may during the Term in the usual or normal course of its business and with the prior written consent of the Landlord remove its trade fixtures, provided such moveable trade fixtures provided that such have become excess or obsolete for the Tenant's ’s purposes or the Tenant is substituting new and similar moveable trade fixtures therefor, and provided that in each case (1) case, the Tenant is not in default under this Lease; , and (2) such removal is done at the Tenant's ’s sole cost and expense; and
, (ii) The the Tenant shall, at the expiration or earlier termination of this the Lease, at its own cost, remove all its trade fixtures fixtures, and such alterations, decorations, additions, erections, fixtures, improvements and appurtenances in, on, to, for or which serve of the Premises Alterations as the Landlord at its option, upon by notice to the Tenant requires to be removed, in accordance with provisions of this Lease.
(b) If the Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade such fixtures shall, at the option of the Landlord, thereupon become the property of the Landlord, without compensation therefor to the Tenant, Landlord and may be removed from the Premises and sold or be disposed of by the Landlord in such manner as it deems advisable.
(c) The Tenant shall, in the case of every such installation or removal of either its trade fixtures or Alterations either during or at the expiration of the TermTerm effect the same at times designated by the Landlord, promptly make good any damage caused to the Premises or the Buildingacting reasonably.
(d) For greater certainty, the Tenant's trade ’s fixtures shall not include any
(i) heating, ventilating and air-or air conditioning systems, facilities and equipment in in, or serving the Premises; ;
(ii) floor covering affixed to the floor of the Premises; ;
(iii) light fixtures or window coveringsfixtures; and,
(iv) doors; any fixtures, facilities, equipment or installations installed by or at the expense of the Landlord. Notwithstanding the above it is understood and agreed that the Tenant’s restoration obligations, as provided for herein, shall not apply to the architectural elements of the Tenant’s Fit-up plan that is attached hereto as Schedule B1 (v) internal stairwayswhich have been approved by the Landlord), escalators or elevators; and (vi) anything to such finishes or architectural changes that would not normally be considered a trade fixture; all of which are deemed to be leasehold improvementsthe Landlord has specifically excluded in writing.
Appears in 1 contract
Samples: Lease Agreement (Phreesia, Inc.)
Removal and Restoration by Tenant. (a) All alterations, decorations, additions, erections, fixtures, improvements and appurtenances made by the Tenant, or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures), in, on, to, for or which serve the Premises, Leasehold Improvements shall immediately become the property of the Landlord upon affixation or installation, installation without compensation therefor therefore to the Tenant, but the Landlord is under no obligation to repair, maintain or insure any Leasehold Improvements. Such alterations, decorations, additions, erections, fixtures, improvements Leasehold Improvements and appurtenances trade fixtures shall not be removed from the Leased Premises either during or at the expiration or earlier termination of this Lease the Term except that:
(i) The the Tenant may during the Term in the usual or normal course of its business and with without the prior written consent of the Landlord remove its trade fixtures, provided that such trade fixtures have become excess for the Tenant's ’s purposes or the Tenant is substituting new and similar trade fixtures therefor, and provided that in each case (1) the Tenant is not in default under this Lease; and (2) such removal is done at the Tenant's sole cost and expense; and
(ii) The the Tenant shall, at immediately prior to the expiration or earlier termination of this Lease, the Term and at its own costcost remove, remove all its trade fixtures and such alterations, decorations, additions, erections, fixtures, improvements and appurtenances in, on, to, for or which serve of the Premises Leasehold Improvements as the Landlord at its option, upon notice to the Tenant requires to be removedremoved and shall forthwith repair any damage to the Leased Premises caused by their installation (unless such installation has been approved by the Landlord) and removal, failing which such may be completed by the Landlord as an Additional Service to the Tenant.
(b) If the Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade fixtures shall, at the option of the Landlord, thereupon become the property of the LandlordLandlord and, without compensation therefor as an Additional Service to the Tenant, and may be removed from the Leased Premises and sold or disposed of by the Landlord in such manner as it deems advisable.
(c) The Tenant shall, in the case of every such installation or removal either during or at the expiration . All property of the Term, promptly make good any damage caused Tenant remaining on the Leased Premises after the termination of the tenancy shall be deemed to have been abandoned by the Tenant in favor of the Landlord and may be disposed of by the Landlord as its discretion without prejudice to the Premises or the Building.
(d) For greater certainty, the Tenant's trade fixtures shall not include (i) heating, ventilating and air-conditioning systems, facilities and equipment in or serving the Premises; (ii) floor covering affixed to the floor rights of the Premises; (iii) light fixtures or window coverings; (iv) doors; (v) internal stairways, escalators or elevators; and (vi) anything that would not normally be considered a trade fixture; all of which are deemed Landlord to be leasehold improvementsclaim damages from the Tenant for failure to remove the same.
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Removal and Restoration by Tenant. (a) All alterations, decorations, additions, erections, fixtures, improvements and appurtenances made by the Tenant, or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures), in, on, to, for or which serve the Premises, Leasehold Improvements shall immediately become the property of the Landlord upon affixation or installation, installation without compensation therefor to the Tenant, but the Landlord is under no obligation to repair, maintain or insure any Leasehold Improvements. Such alterations, decorations, additions, erections, fixtures, improvements Leasehold Improvements and appurtenances trade fixtures shall not be removed from the Leased Premises either during or at the expiration or earlier termination of this Lease the Term except that:
(i) The the Tenant may during the Term in the usual or normal course of its business and with without the prior written consent of the Landlord remove its trade fixtures, provided that such trade fixtures have become excess for the Tenant's purposes or the Tenant is substituting new and similar trade fixtures therefor, and provided that in each case (1) the Tenant is not in default under this Lease; and (2) such removal is done at the Tenant's sole cost and expense; and;
(ii) The the Tenant shall, at immediately prior to the expiration or earlier termination of this Lease, the Term and at its own cost, remove all its trade fixtures and such alterations, decorations, additions, erections, fixtures, improvements and appurtenances in, on, to, for or which serve the Premises as requested by the Landlord to be removed and repair any damage to the Leased Premises caused by their installation and removal, failing which such may be completed by the Landlord as an Additional Service to the Tenant; and
(iii) the Tenant may, with the prior written consent of the Landlord, but shall not be obligated, to remove at its option, upon notice own cost from the Leased Premises immediately prior to the Tenant requires expiration of the Term, any of the Tenant's Leasehold Improvements and shall repair any damage to the Leased Premises caused by their installation and removal, failing which such repair may be removedcompleted by the Landlord as an Additional Service to the Tenant.
(b) If the Tenant does not remove its trade fixtures requested by the Landlord to be removed at the expiration or earlier termination of the Term, the trade fixtures shall, at the option of the Landlord, thereupon become the property of the LandlordLandlord and, without compensation therefor as an Additional Service to the Tenant, and may be removed from the Leased Premises and sold or disposed of by the Landlord in such manner as it deems advisable.
(c) The Tenant shall, in the case of every such installation or removal either during or at the expiration . All property of the Term, promptly make good any damage caused Tenant remaining on the Leased Premises after the termination of the tenancy shall be deemed to have been abandoned by the Tenant in favour of the Landlord and may be disposed of by the Landlord at its discretion without prejudice to the Premises or the Building.
(d) For greater certainty, the Tenant's trade fixtures shall not include (i) heating, ventilating and air-conditioning systems, facilities and equipment in or serving the Premises; (ii) floor covering affixed to the floor rights of the Premises; (iii) light fixtures or window coverings; (iv) doors; (v) internal stairways, escalators or elevators; and (vi) anything that would not normally be considered a trade fixture; all of which are deemed Landlord to be leasehold improvementsclaim damages from the Tenant for failure to remove the same.
Appears in 1 contract
Removal and Restoration by Tenant. (a) All alterationsAs provided for elsewhere in this Lease, decorationsthe Tenant accepts that, additions, erections, except for the Tenant’s moveable trade fixtures, improvements and appurtenances any Alterations, as defined in 4(e)(v) above, shall, when made by or installed in the Tenant, or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures), in, on, to, for or which serve the Leased Premises, shall immediately be and become the property of the Landlord upon affixation without any payment or installation, without compensation therefor to the Tenant. Such alterationsTenant being made and that unless specifically instructed, decorationsin writing, additionsby the Landlord, erections, fixtures, improvements and appurtenances the Tenant shall not be removed remove any such Alterations from the Leased Premises either during or after the term of the Lease. Notwithstanding this, the Landlord shall be under no obligation to repair, maintain, or insure the Alterations (except for the exterior portion of the demising wall described in Section 17). The Tenant also accepts that upon the termination of this Lease whether at expiry or otherwise, the Landlord may, at its option, require the Tenant to remove all or part of such Alterations (except for those described in Section 17) and to require the Tenant to repair any damage caused to the Leased Premises or the Building by such installation or removal and or the Landlord may require the Tenant to restore all or part of the Leased Premises (except that Tenant shall not be required to remove the Alternations described in Section 17) to the condition in which they were at the commencement of this Lease, except for reasonable wear and tear, all being done at the Tenant’s expense. The Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of this Lease except that:
(i) The the Term. Should the Tenant fail to perform such repair or restoration work requested by the Landlord, then the Landlord may do such work at the expense of the Tenant and collect from the Tenant the cost of same as Additional Rent whether before or after the expiry of the Lease. With respect to the Tenant’s trade fixtures, the Tenant may at the Tenant’s sole cost and expense during the Term in the usual or normal course of its business and with the prior written consent of the Landlord remove its moveable trade fixtures, provided such trade fixtures have become excess for the Tenant's purposes or the Tenant is substituting new and similar trade fixtures therefor, and provided that in each case (1) the Tenant is not in default under this Lease; and (2) such removal is done at the Tenant's sole cost and expenseif any ; and
, (ii) The the Tenant shall, at the expiration or earlier termination of this the Lease, at its own cost, remove all its trade fixtures , and such alterations, decorations, additions, erections, fixtures, improvements and appurtenances in, on, to, of the Alterations (except for or which serve the Premises those that are described in Section 17) as the Landlord at its option, upon by notice to the Tenant requires to be removed.
(b) If the Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade such fixtures shall, at the option of the Landlord, thereupon become the property of the Landlord, without compensation therefor to the Tenant, Landlord and may be removed from the Premises and sold or be disposed of by the Landlord in such manner as it deems advisable.
(c) The Tenant shall, in the case of every such installation or removal of either its trade fixtures or Alterations either during or at the expiration of the Term, promptly make good any damage caused to Term effect the Premises or same at times designated by the BuildingLandlord.
(d) For greater certainty, the Tenant's trade ’s fixtures shall not include any
(i) heating, ventilating and air-or air conditioning systems, facilities and equipment in in, or serving the Premises; ;
(ii) floor covering affixed to the floor of the Premises; ;
(iii) light fixtures or window coveringsfixtures; and,
(iv) doors; (v) internal stairwaysany fixtures, escalators facilities, equipment or elevators; and (vi) anything that would not normally be considered a trade fixture; all installations installed by or at the expense of which are deemed to be leasehold improvementsthe Landlord.
Appears in 1 contract
Samples: Lease Agreement (Zix Corp)
Removal and Restoration by Tenant. (a) All alterations, decorations, additions, erections, fixtures, improvements and appurtenances made by the Tenant, or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures), in, on, to, for or which serve the Premises, Leasehold Improvements shall immediately become the property of the Landlord upon affixation or installation, installation without compensation therefor to the Tenant, but the Landlord is under no obligation to repair, maintain or insure any Leasehold Improvements. Such alterations, decorations, additions, erections, fixtures, improvements Leasehold Improvements and appurtenances trade fixtures shall not be removed from the Leased Premises either during or at the expiration or earlier termination of this Lease the Term except that:
(i) The the Tenant may during the Term in the usual or normal course of its business and with without the prior written consent of the Landlord remove its trade fixtures, provided that such trade fixtures have become excess for the Tenant's purposes or the Tenant is substituting new and similar trade fixtures therefor, and provided that in each case (1) the Tenant is not in default under this Lease; and (2) such removal is done at the Tenant's sole cost and expense; and
(ii) The the Tenant shall, at immediately prior to the expiration or earlier termination of this Lease, the Term and at its own cost, remove all its trade fixtures and repair any damage to the Leased Premises caused by their installation and removal, failing which such alterations, decorations, additions, erections, fixtures, improvements may be completed and appurtenances in, on, to, for or which serve the Premises as repaired by the Landlord at its option, upon notice as an Additional Service to the Tenant requires to be removedTenant. NOTWITHSTANDING THE FOREGOING, THE LANDLORD ACKNOWLEDGES AND AGREES THAT THE TENANT SHALL HAVE NO OBLIGATION TO RESTORE THE LEASED PREMISES BACK TO BASE BUILDING CONDITION.
(b) If the Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade fixtures shall, at the option of the Landlord, thereupon become the property of the LandlordLandlord and, without compensation therefor as an Additional Service to the Tenant, and may be removed from the Leased Premises and sold or disposed of by the Landlord in such manner as it deems advisable.
(c) The Tenant shall, in the case of every such installation or removal either during or at the expiration . All property of the Term, promptly make good Tenant or of any damage caused person or entity claiming through or under the Tenant remaining on the Leased Premises after the termination of the tenancy shall be deemed to have been abandoned by the Tenant in favour of the Landlord and may be disposed of by the Landlord at its discretion without prejudice to the Premises or the Building.
(d) For greater certainty, the Tenant's trade fixtures shall not include (i) heating, ventilating and air-conditioning systems, facilities and equipment in or serving the Premises; (ii) floor covering affixed to the floor rights of the Premises; (iii) light fixtures or window coverings; (iv) doors; (v) internal stairways, escalators or elevators; and (vi) anything that would not normally be considered a trade fixture; all of which are deemed Landlord to be leasehold improvementsclaim damages from the Tenant for failure to remove the same.
Appears in 1 contract
