Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall immediately become the property of the Landlord upon affixation or installation, without compensation therefor to the Tenant. The Leasehold Improvements and Trade Fixtures shall not be removed from the Properties either during or at the expiration of the Term except that: (i) the Tenant may during the Term in the usual or normal course with the prior written consent of the Landlord remove its Trade Fixtures, provided the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater value, 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 cost; and (ii) subject to Article 14, the Tenant shall, at the expiration or earlier termination of the Term, at its own cost, remove such of its Trade Fixtures and Leasehold Improvements installed in or at the Properties as the Landlord requires to be removed. (b) Subject to Article 14, if the Tenant does not remove its Trade Fixtures within five (5) days of the expiration or earlier termination of the Term, the Trade Fixtures shall, at the option of the Landlord, become the property of the Landlord and may be removed from the Properties and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant. (c) Subject to Article 14, the Tenant shall, in the case of every such removal either during or at the expiration or earlier termination of the Term, promptly make good any damage caused to the Properties by such removal and restore the Properties to their original condition prior to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord, pay to the Landlord the estimated cost of such removal and restoration. (d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, at its own expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenant.
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Samples: Lease Agreement (Maxim Mortgage Corp/), Lease Agreement (Maxim Mortgage Corp/)
Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall alterations, fixed decorations, additions and improvements (the "Improvements") made by the Tenant, or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures) will immediately become the property of the Landlord upon affixation or installation, without compensation therefor to the Tenant, but the Landlord is under no obligation to repair, maintain or insure the Improvements. The Leasehold Such Improvements and Trade Fixtures shall will not be removed from the Properties Leased Premises either during or at the expiration or earlier termination of the Term Term, 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 Fixturestrade futures, provided such trade fixtures have become excess for the Tenant's purposes or the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater valuetrade fixtures therefor, and provided that in each case case, (1) the Tenant is not in default under this Lease, Lease and (2) such removal is done at the Tenant’s cost's expense; and
(ii) subject to Article 14, the Tenant shallwill, at the expiration of the Term, at its own cost, remove all of its trade fixtures installed in the Leased Premises.
(b) If the Tenant does not remove its trade futures at the expiration or earlier termination of the Term, at its own cost, remove such of its Trade Fixtures and Leasehold Improvements installed in or at the Properties as the Landlord requires to be removed.
(b) Subject to Article 14, if the Tenant does not remove its Trade Fixtures within five (5) days of the expiration or earlier termination of the Term, the Trade Fixtures shalltrade fixtures will, at the option of the Landlord, become the property of the Landlord and may be removed from the Properties Leased Premises and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.
(c) Subject to Article 14, The Tenant will effect the Tenant shall, in the case installation or removal of every any such removal either during trade futures or Improvements only at the expiration or earlier termination of times designated by the Term, Landlord and will promptly make good any damage caused to the Properties Leased Premises or the Building by such removal and restore the Properties to their original condition prior to the installation or removal of any such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord, pay to the Landlord the estimated cost of such removal and restorationImprovements.
(d) Subject to Article 14For greater certainty, at the expiration or earlier termination of the Term the Tenant shall, at its own expense, removeTenant's trade fixtures exclude: (i) from the Propertiesheating, at the option of ventilating or air conditioning systems, facilities and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installationequipment; (ii) any and all Hazardous Substances brought on floor covering affixed to the Properties by or on behalf floor of the Tenant or which arise from the Tenant’s use or occupation of the PropertiesLeased Premises; (iii) light fixtures; (iv) internal stairways and doors, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulationsif any; and (iiiv) from the Properties at the option of the Landlordall futures, in compliance with all applicable laws and regulationsimprovements, any and all storage and/or holding tanks (whether above installations, alterations or below ground) additions which are installed by or on behalf at the expense of the TenantLandlord pursuant to Schedule "C"; all of which are deemed to be leasehold improvements.
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Removal and Restoration by the Tenant. Excepting the Tenants trade fixtures, all Premises Work (a) All Leasehold Improvements shall immediately become as defined in Section 10.02(a)), and all Tenant’s Work performed by the property Tenant or by the Landlord or others for or on behalf of the Landlord upon Tenant is the Landlord’s property on affixation or installation, without compensation therefor to the TenantTenant at any time, including upon the expiry or earlier termination or surrender of this Lease. The Except as otherwise agreed to by the Landlord in writing, no Leasehold Improvements and Trade Fixtures Improvements, trade fixtures, inventory or equipment shall not be removed from the Properties either during or Premises by the Tenant at the expiration of the Term any time except thatas follows:
(ia) the Tenant may during the Term in the usual or normal course with the prior written consent of the Landlord remove its Trade Fixtures, provided the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater value, and provided that in each case (1) the Tenant is not in default under this Lease the Tenant may, during the Term, in the ordinary course of its business or in the course of renovation, reconstruction or alteration of the Premises by the Tenant approved in accordance with this Lease, and (2) such removal is done at remove its trade fixtures, inventory or equipment if they have become excess for the Tenant’s purposes or if the Tenant immediately substitutes new trade fixtures, inventory and equipment of equal or better value;
(b) provided that the Tenant is not in default under this Lease the Tenant may, at the expiry or earlier surrender or termination of this Lease, at its sole cost, remove its trade fixtures, inventory and equipment; and
(iic) subject to Article 14, the Tenant shall, at the expiration expiry or earlier surrender or termination of the Termthis Lease, at its own sole cost, remove such of its Trade Fixtures trade fixtures, inventory and Leasehold Improvements installed in or at the Properties as equipment that the Landlord requires to be removed.
(b) Subject . The Tenant shall at its own expense repair any damage caused to Article 14the Premises or the Building by the installation or removal of the trade fixtures, if inventory and equipment or from the installation of the Leasehold Improvements. If the Tenant does not remove its Trade Fixtures trade fixtures, inventory and equipment within five three (53) days of after the expiration expiry or earlier surrender or termination of this Lease, such trade fixtures, inventory and equipment shall be deemed conclusively to have been abandoned by the Term, the Trade Fixtures shall, at the option of the Landlord, become the property of the Landlord Tenant and may be removed from the Properties and sold appropriated, sold, destroyed or otherwise disposed of by the Landlord without notice or obligation to compensate the Tenant or to account therefore, and the Tenant shall pay to the Landlord, on demand, all costs incurred by the Landlord in such manner connection therewith. Upon expiry or earlier surrender or termination of this Lease the Tenant will leave the Premises in the same condition as it deems advisablewas required to keep them in during the Term, without compensation will deliver all keys for the Premises to the Tenant.
(c) Subject to Article 14Landlord at the place then fixed by the payment of Rent, and will provide the Landlord with combinations of all locks, safes and vaults in the Premises. Notwithstanding any other provision of this Lease, the Tenant shallshall not be responsible for any costs associated with removing Leasehold Improvements, in Tenant’s Work, or restoring or returning the case of every such removal either during or Premises back to a base building standard at the expiration or earlier termination of the Term, promptly make good any damage caused to the Properties by such removal and restore the Properties to their original condition prior to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord, pay to the Landlord the estimated cost of such removal and restoration.
(d) Subject to Article 14, at the expiration or earlier termination expiry of the Term the Tenant shall, at its own expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenantpermitted renewal thereof.
Appears in 1 contract
Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall alterations, decorations, additions and improvements made by the Tenant, or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures) immediately become the property of the Landlord upon affixation or installation, without compensation therefor to the Tenant. The Leasehold Improvements , and Trade Fixtures shall will not be removed from the Properties either during Leased Premises at any time unless permitted or at required by the expiration of the Term except that:
(i) the Landlord. The Landlord is under no obligation to repair, maintain or insure these alterations, decorations, additions or improvements. The Tenant may during the Term in the usual or normal course with the prior written consent of the Landlord remove its Trade Fixtures, provided the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater value, 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 cost; and
(ii) subject to Article 14, the Tenant shallwill, at the expiration or earlier termination of the Term, at its own cost, remove such of its Trade Fixtures those leasehold improvements and Leasehold Improvements installed in or at the Properties as fixtures which the Landlord requires the Tenant to be removedremove and will make good any damage to the Leased Premises or the Building resulting from their installation or removal.
(b) Subject to Article 14The Tenant may during the Term in the normal course of its business and with the prior written consent of the Landlord remove its trade fixtures, but only if they have become excess for the Tenant's purposes or the Tenant does is substituting new and similar trade fixtures, and in each case, only when the Tenant is not remove its Trade Fixtures within five (5) days in default under the Terms of this Lease. At the expiration or earlier termination of the Term, the Trade Fixtures shallTenant will, at its own cast, remove all of its trade fixtures and will make good any damage to the Leased Premises or the Building caused as a result of their installation or removal. If the Tenant does not remove its trade fixtures at the end or earlier termination of the Term, the trade fixtures will, at the option of the Landlord's option, become the property of the Landlord and may be removed from the Properties Leased Premises and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.
(c) Subject to Article 14For greater certainty, the Tenant shall, in the case of every such removal either during or at the expiration or earlier termination of the Term, promptly make good any damage caused to the Properties by such removal and restore the Properties to their original condition prior to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord, pay to the Landlord the estimated cost of such removal and restoration.
(d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, at its own expense, removeTenant's trade fixtures exclude: (i) from the Propertiesheating, at the option of ventilating or air-conditioning systems, facilities and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installationequipment; (ii) any and all Hazardous Substances brought on floor covering affixed to the Properties by or on behalf floor of the Tenant or which arise from the Tenant’s use or occupation of the PropertiesLeased Premises; (iii) light fixtures; (iv) internal stairways and doors, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulationsif any; and (iiiv) from the Properties at the option of the Landlordany fixtures, in compliance with all applicable laws and regulationsfacilities, any and all storage and/or holding tanks (whether above equipment or below ground) installations installed by or on behalf at the expense of the TenantLandlord pursuant to Schedule "C"; all of which are deemed to be leasehold improvements.
Appears in 1 contract
Removal and Restoration by the Tenant. (a) All Leasehold Improvements alterations, decorations, additions and improvements made by the Tenant, or made by the Landlord on the Tenant’s behalf (other than the Tenants trade fixtures) shall immediately become the property of the Landlord upon affixation or installation, without compensation therefor therefore to the Tenant, but the Landlord is under no obligation to repair, maintain or insure such alterations, decorations, additions or improvements. The Leasehold Improvements and Trade Fixtures Such alterations, decorations, additions or improvements shall not be removed from the Properties Demised Premises either during or at the expiration or earlier termination of the Term this Lease except that:
(i) that 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 Fixturestrade fixtures, provided such trade fixtures, have become excess for the Tenant's purposes or the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater valuetrade fixtures therefore, and provided that in each case case: (1) the Tenant is not in default under this Lease, ; and (2) such removal is done at the Tenant’s cost; and's sole cost and expense;
(iib) subject to Article 14, If the Tenant shall, does not remove its trade fixtures at the expiration or earlier termination of the Term, at its own cost, remove such of its Trade Fixtures and Leasehold Improvements installed in or at the Properties as the Landlord requires to be removed.
(b) Subject to Article 14, if the Tenant does not remove its Trade Fixtures within five (5) days of the expiration or earlier termination of the Termthis Lease, the Trade Fixtures shall, trade fixtures shall at the option of the Landlord, become the property of the Landlord and may be removed from the Properties Demised Premises and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.;
(c) Subject to Article 14, the The Tenant shall, in the case of every such installation or removal either during or at the expiration or earlier termination of this Lease, effect the Term, same at times designated by the Landlord and promptly make good any damage caused to the Properties Demised Premises or any part thereof by the installation or removal of any such removal alterations, decorations, additions or improvements;
d) For greater certainty, the Tenant's trade fixtures shall not include any:
i) heating, ventilating or air conditioning systems, facilities and restore equipment in or serving the Properties to their original condition prior Demised Premises;
ii) floor covering affixed to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option floor of the Landlord, pay to the Landlord the estimated cost of such removal and restoration.Demised Premises;
(d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, at its own expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlordlight fixtures;
iv) internal stairways and doors, if any; and
v) all fixtures, improvements, installations, alterations or additions, which in compliance accordance with all applicable laws and regulationsgenerally accepted accounting practices, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenantare considered to be leasehold improvements.
Appears in 1 contract
Samples: Lease Agreement
Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall made by the Tenant, or made by the Landlord on the Tenant's behalf immediately become the property of the Landlord upon affixation or installation, without compensation therefor to the Tenant. The Leasehold Improvements installation and Trade Fixtures shall will not be removed from the Properties either during Leased Premises at any times unless permitted or at required by the expiration of Landlord. The Landlord is under no obligation to repair, maintain or insure these Leasehold Improvements. The Tenant will, prior to the Term except that:
(i) the Tenant may during the Term in the usual or normal course with the prior written consent of the Landlord remove its Trade Fixtures, provided the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater value, 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 cost; and
(ii) subject to Article 14, the Tenant shall, at the expiration or earlier termination end of the Term, at its own cost, remove such all of its Trade Fixtures and those Leasehold Improvements installed in or at the Properties as which the Landlord requires the Tenant to be removedremove and shall forthwith repair any damage to the Leased Premises caused by their installation or removal. In addition, the Tenant will, prior to the end of the Term, at its cost, remove from the Leased Premises any Hazardous Substances which are located, stored on incorporated in any part of the Leased Premises. The Tenant's obligation to observe and perform this covenant shall survive the expiration of the Term or earlier termination of this Lease.
(b) Subject to Article 14, if If the Tenant does not remove all of its Trade Fixtures within five (5) days of and those Leasehold Improvements which the expiration or earlier termination Landlord requires the Tenant to remove at the end of the Term, all of such Leasehold Improvements and Fixtures may, without further notice to the Trade Fixtures shallTenant, be immediately removed from the Leased Premises and may be disposed of, sold or stored, at the option of the Landlord, and as the Landlord sees fit. Any costs or expenses incurred by the Landlord in removing, disposing, selling or storing such Leasehold Improvements or Fixtures shall be paid by the Tenant to the Landlord, upon demand, together with an amount equal to fifteen percent (15%) of such costs and expenses representing the Landlord's overhead and administrative costs. Any Fixtures not removed from the Leased Premises at the end of the Term, will at the Landlord's option, become the property of the Landlord (and, in such event, this paragraph shall have the effect of assigning the Tenant's right and title in such Fixtures to the Landlord) and may be removed from the Properties Leased Premises and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.
(c) Subject If the Tenant does not remove any Hazardous Substances from the Leased Premises at the end of the Term, such Hazardous Substances or materials may, without further notice to Article 14the Tenant, be immediately removed from the Leased Premises and may be disposed of or stored, at the option of the Landlord, and as the Landlord sees fit. Any costs or expenses incurred or damages suffered by the Landlord in removing, disposing or storing such Hazardous Substances shall be paid by the Tenant to the Landlord, upon demand, together with an amount equal to fifteen percent (15%) of such costs and expenses representing the Landlord's overhead and administrative costs.
(d) The Tenant shall, in the case of every such installation or removal of Leasehold Improvements or Fixtures either during or at the expiration or earlier termination of the Term, effect the same at times prescribed by the Landlord and utilizing only those elevators designated by the Landlord and shall promptly make good any damage caused to the Properties Leased Premises or the Building or any part thereof by such removal and restore the Properties to their original condition prior to the installation or removal of such Trade Fixtures or and Leasehold Improvements in a good and workmanlike mannerImprovements, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord, pay to the Landlord the estimated cost of such removal and restoration.
(d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, all at its own sole expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenant.
Appears in 1 contract
Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall alterations, decorations, additions and improvements made by the Tenant, or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures) immediately become the property of the Landlord upon affixation or installation, without compensation therefor to the Tenant. The Leasehold Improvements installation and Trade Fixtures shall will not be removed from the Properties either during or Leased Premises at any time unless permitted by the expiration Landlord. Without limiting the generality of the Term except that:
(i) foregoing, the Tenant acknowledges that all leasehold improvements including flooring, electrical fixtures, cupboards, hardware and any other fixture or improvement which the Landlord may during the Term in the usual or normal course provide with the prior written consent Leased Premises, is the exclusive property of the Landlord remove its Trade Fixtures, provided and shall be maintained by the Tenant is substituting new in the same manner as would a careful owner and similar Trade Fixtures therefor of equal or greater value, shall be preserved and provided that in each case (1) left intact by the Tenant is not in default under this Lease, and (2) such removal is done at the Tenant’s cost; and
(ii) subject to Article 14, the Tenant shall, at the expiration or earlier termination of the Term. The Tenant will, at the expiration, at its own cost, remove such all of its Trade Fixtures trade fixtures , and Leasehold Improvements installed leave the Leased Premises in or at the Properties as the Landlord requires to be removeda broomswept and tidy condition.
(b) Subject to Article 14, if If the Tenant does not remove its Trade Fixtures within five (5) days of trade fixtures at the expiration or earlier termination end of the Term, the Trade Fixtures shalltrade fixtures will, at the Landlord's option of the Landlord, become the property of the Landlord and may be removed from the Properties Leased Premises and sold or disposed of by any the Landlord in such manner as it deems advisable, without compensation to the Tenant.
(c) Subject to Article 14, the Tenant shall, in the case of every such removal either during or at the expiration or earlier termination of the Term, promptly make good any damage caused to the Properties by such removal and restore the Properties to their original condition prior to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord, pay to the Landlord the estimated cost of such removal and restoration.
(d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, at its own expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenant.
Appears in 1 contract
Samples: Lease Agreement (Tucows Inc /Pa/)
Removal and Restoration by the Tenant. Except for the Tenant's trade fixtures, all Premises Work (aas defined in Section 10.02(a)) All Leasehold Improvements shall immediately become and all Tenant's Work performed by the Tenant or by the Landlord or others for or on behalf of the Tenant is the property of the Landlord upon on affixation or installation, without compensation therefor to the Tenant. The Tenant will not remove Leasehold Improvements and Trade Fixtures shall not be removed Improvements, trade fixtures, inventory or equipment from the Properties either during or Premises at the expiration of the Term any time except thatas follows:
(ia) the Tenant may during the Term in the usual or normal course with the prior written consent of the Landlord remove its Trade Fixtures, provided the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater value, and provided that in each case (1) the Tenant is not in default under this Lease the Tenant may, during the Term, in the ordinary course of its business or in the course of renovation, reconstruction or alteration of the Premises by the Tenant approved in accordance with this Lease, and (2) such removal is done at remove its trade fixtures, inventory or equipment if they have become excess for the Tenant’s cost's purposes or if the Tenant immediately substitutes new trade fixtures, inventory and equipment of equal or better value; and
(iib) subject to Article 14, the Tenant shall, at the expiration expiry or earlier surrender or termination of the Termthis Lease, at its own sole cost, remove such its trade fixtures, inventory and equipment and those of its Trade Fixtures and Leasehold Improvements installed in or at the Properties as that the Landlord requires to be removed.
(bc) Subject The Tenant shall at its own expense repair any damage caused to Article 14the Premises or to the Building by the installation or removal of the Leasehold Improvements, if trade fixtures, inventory and equipment, and such obligation survives the expiry or earlier surrender or termination of this Lease. If the Tenant does not remove its Trade Fixtures trade fixtures, inventory and equipment within five three (53) days of after the expiration expiry or earlier termination of this Lease, such trade fixtures, inventory and equipment shall be deemed conclusively to have been abandoned by the Term, the Trade Fixtures shall, at the option of the Landlord, become the property of the Landlord Tenant and may be removed from the Properties and sold appropriated, sold, destroyed or otherwise disposed of by the Landlord in such manner as it deems advisable, without compensation notice or obligation to the Tenant.
(c) Subject to Article 14, compensate the Tenant shall, in the case of every such removal either during or at the expiration or earlier termination of the Term, promptly make good any damage caused to the Properties by such removal and restore the Properties to their original condition prior to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manneraccount therefore, and Section 5.5 the Tenant shall apply, mutatis mutandis, or, at the option of pay to the Landlord, pay to on demand, all costs incurred by the Landlord the estimated cost of such removal and restorationin connection therewith.
(d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, at its own expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenant.
Appears in 1 contract
Removal and Restoration by the Tenant. (a) All Leasehold Improvements (other than Trade Fixtures) shall immediately upon their placement become the Landlord’s property of the Landlord upon affixation or installation, without compensation therefor to the Tenant. The Except as otherwise agreed by the Landlord in writing, no Leasehold Improvements and Trade Fixtures shall not be removed from the Properties Leased Premises by the Tenant either during or at the expiration expiry or sooner termination of the Term except that:
: (ia) the Tenant may may, during the Term Term, in the usual or normal course with the prior written consent of the Landlord its business, remove its Trade Fixtures, provided the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater value, and provided that in each case (1) the Tenant is not in default under this Lease, and ; (2b) such removal is done at the Tenant’s cost; and
(ii) subject to Article 14, the Tenant shall, at the expiration or earlier termination of the Term, at its own sole cost, remove such of its Trade Fixtures and Leasehold Improvements installed in or at the Properties as the Landlord requires to be removed.
(b) Subject to Article 14, if the Tenant does not remove its Trade Fixtures within five (5) days of from the expiration or earlier termination of the TermLeased Premises, the Trade Fixtures shallfailing which, at the option of the Landlord, the Trade Fixtures shall become the property of the Landlord and may be removed from the Properties Leased Premises and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.
; and (c) Subject to Article 14, the Tenant shall, in the case of every such removal either during or at the expiration or earlier termination of the Term, promptly make good any damage caused at its sole cost, either remove such of the Leasehold Improvements in the Leased Premises as the Landlord shall require to the Properties by such removal be removed, and restore the Properties to their original condition prior Leased Premises to the installation of such Trade Fixtures Landlord’s then current base building standard to the extent required by the Landlord, or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord’s option, pay to the Landlord the estimated cost of such removal and restoration.
(d) Subject to Article 14restoration as determined by the Architect, at acting reasonably. If the expiration or earlier termination of the Term Landlord requires the Tenant shallto perform such work, at its own expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenant.then:
Appears in 1 contract
Samples: Industrial Lease (Primerica, Inc.)
Removal and Restoration by the Tenant. All Premises Work (aincluding Tenant's Work) All Leasehold Improvements shall immediately become done by the Tenant, or by the Landlord or others for the Tenant (but not the Tenant's trade fixtures) is the property of the Landlord upon on affixation or installation, without compensation therefor to the Tenant. The Leasehold Improvements and Trade Fixtures shall Tenant will not be removed remove any Premises Work (including any Tenant's Work) or trade fixtures from the Properties either during or Premises at the expiration of the Term any time except that:
(ia) the Tenant may during the Term in the usual or normal ordinary course with of its business and on obtaining the prior written consent of the Landlord Landlord, remove its Trade Fixturestrade fixtures if they have become excess for the Tenant's purpose, provided or the Tenant is substituting substitutes new and similar Trade Fixtures therefor of equal or greater value, and provided that in each case (1trade fixtures; and
b) the Tenant is not in default under this Leaseshall, and (2) such removal is done at the expiry or earlier termination of the Term, at its sole cost, removed its trade fixtures in the Premises. The Tenant shall forthwith at its own expense repair any damage caused or occasioned to the Premises or Building by such removal. If Tenant fails to remove its trade fixtures on the expiry or earlier termination of the Term, they will, at the Landlord's option, become the property of the Landlord without compensation and may be removed from the Premises and sold or disposed of by the Landlord in such manner as it deems advisable without any liability whatsoever vis a vis the Tenant’s cost; and
(iic) subject to Article 14, the Tenant shall, at the expiration or earlier termination of the Term, at its own sole cost, either remove such of its Trade Fixtures the Premises Work as the Landlord shall require to be removed, and Leasehold Improvements installed in restore the Premises to Landlord then current base building standard to the extent required by the Landlord, or at the Properties as the Landlord requires to be removed.
(b) Subject to Article 14, if the Tenant does not remove its Trade Fixtures within five (5) days of the expiration or earlier termination of the Term, the Trade Fixtures shall, at the option of the Landlord, become the property of the Landlord and may be removed from the Properties and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.
(c) Subject to Article 14, the Tenant shall, in the case of every such removal either during or at the expiration or earlier termination of the Term, promptly make good any damage caused to the Properties by such removal and restore the Properties to their original condition prior to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord's option, pay to the Landlord the estimated cost of such removal and restoration.restoration as determined by the Landlord, acting reasonably. In the event the Landlord elects that the Tenant shall perform the required work, then
(d) Subject i. the Tenant shall submit detailed demolition drawings to Article 14the Landlord for its prior approval, and such work shall be completed under the supervision of the Landlord,
ii. the Tenant shall, at its expense, repair any damage caused to the expiration Premises or Building by such removal, and
iii. if the Tenant fails to complete work by the expiry or earlier termination of the Term the Tenant shallshall pay compensation to the Landlord for each day following the expiry or earlier termination of the Term until the completion of such work, at its own expensea rate equal to the double of the per diem Rent payable during the month preceding the expiry or earlier termination of the Term, remove: (i) from which sum is agreed by the Propertiesparties to be the minimum amount of damages suffered by the Landlord for the loss of use of the Premises and to without prejudice of the Landlord proving a greater amount of damages and availing itself of any other recourse or remedy under this Lease, at the option of and to the satisfaction of the Landlordlaw or in equity, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenantincluding injunctive relief.
Appears in 1 contract
Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall immediately become the property of the Landlord upon affixation or installation, without compensation therefor therefore to the Tenant, and will not be removed unless permitted or required by the Landlord. The Notwithstanding the foregoing, the Landlord shall have no obligation to repair, maintain or insure the Leasehold Improvements and all of which shall be the Tenant’s responsibility.
(b) No Leasehold Improvements or Trade Fixtures shall not be removed by or on behalf of the Tenant from the Properties either Leased Premises or elsewhere in the Building during or at the expiration of the Term of this Lease except that:
(i) that the Tenant may may, during the Term in the usual or normal course of its business and with the prior written consent of the Landlord Landlord, remove its Trade FixturesFixtures from the Premises, provided if such Trade Fixtures have, in the Landlord’s opinion, become excess for the Tenant’s purpose or if the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater valuefixtures therefor, and provided that but only if in each case (1a) the Tenant is not in default under this Lease, and (2b) such removal is done at the Tenant’s cost; andsole cost and expense.
(iic) subject If the Tenant, removes, or commences, attempts or threatens to Article 14remove any of the goods, trade fixtures, equipment, furniture, stock-in-trade, chattels or inventory (collectively the “Items”) of or belonging to the Tenant in the Leased Premises (contrary to the provisions of this Section 7.06 or any other provision of this Lease), the Tenant shallhereby consents (without limiting any of the Lxxxxxxx’s other rights or remedies hereunder) to the Landlord’s obtaining an injunction in a court of competent jurisdiction to restrain the Tenant from removing any of such Items from the Leased Premises, and the Tenant shall pay to the Landlord all fees (including, without limitation, all professional fees and all legal fees on a solicitor and his client basis) and expenses incurred by or on behalf of Landlord with respect to obtaining such injunction, plus an administration cost of fifteen percent (15%), which shall be paid by the Tenant to the Landlord as Additional Rent on demand.
(d) The Tenant will effect any installation or removal of Trade Fixtures, Leasehold Improvements or Contaminants, whether during or at the expiration of the Term, only at times prescribed by the Landlord, at the Tenant’s sole expense, and shall repair any damage caused to the Leased Premises or the Building by such removal.
(e) The Tenant will, prior to the end of the Term, at its cost, remove all Trade Fixtures and will immediately repair any damage to the Leased Premises caused by their removal. Notwithstanding anything herein the Tenant shall not be required to remove any Leasehold Improvements installed in accordance with Section 7.05 or otherwise restore the Leased Premises provided that the Tenant shall leave the Leased Premises in a vacant, broom swept condition and otherwise in good repair.
(f) The Tenant will, prior to the end of the Term, at its cost, deliver to the Landlord evidence (including any clearance certificates and demolition permits) satisfactory to the Landlord that there are no Contaminants located, stored or incorporated in or on any part of the Leased Premises, in accordance with all applicable legislation and safety requirements.
(g) The Landlord may, at its sole option and as it sees fit, without notice to the Tenant and without liability on the Landlord’s part, immediately remove from the Leased Premises and store or dispose of all Contaminants not removed by the Tenant as required under Section 7.06(f). The Tenant shall pay to the Landlord, upon demand, all costs incurred by the Landlord in removing, storing or disposing of such Leasehold Improvements or Contaminants plus a sum equal to fifteen percent (15%) of the total cost thereof representing the Landlord’s overhead and administrative costs.
(h) Any Trade Fixtures not removed from the Leased Premises at the expiration or earlier termination of the Term, will at its own costthe Landlord’s option, become the property of the Landlord (and, in such event, this paragraph shall have the effect of assigning the Tenant’s right and title in such Trade Fixtures to the Landlord) without compensation therefore to the Tenant and without notice to the Tenant and the Landlord may enter the Premises and remove such Trade Fixtures, without liability on the Landlord’s part, as the Tenant’s expense, plus an administrative charge of its fifteen percent (15%), which shall be paid by the Tenant as Additional Rent upon demand, and such Trade Fixtures may, without notice to the Tenant or to any other Person and Leasehold Improvements installed without obligation to account for them, be sold, destroyed, disposed of or used by the Landlord in or at the Properties such manner as the Landlord requires to determines, or may be removedstored in a public warehouse or elsewhere, all at the Tenant’s expense, plus an administrative cost of fifteen percent (15%), which shall be paid by the Tenant as Additional Rent upon demand.
(bi) Subject to Article 14, if the Tenant does not remove its Trade Fixtures within five (5) days of At the expiration or earlier termination of the Term, the Trade Fixtures shall, at the option Tenant will surrender vacant possession of the Landlord, become the property of the Landlord and may be removed from the Properties and sold or disposed of by Leased Premises to the Landlord in such as good a condition as the Tenant is required to maintain them throughout the Term pursuant to the provisions of Section 7.02 hereof. If the Leased Premises are not surrendered at the subject required time and in the manner as it deems advisableset out in this Lease, the Tenant shall promptly indemnify and hold harmless the Landlord from and against any and all Claims resulting from the delay by the Tenant in so surrendering the Leased Premises, including, without compensation to the Tenantlimitation, any Claims made by any succeeding Tenant or occupant founded on such delay.
(cj) Subject The Tenant’s obligation to Article 14, observe and perform the Tenant shall, in the case provisions of every such removal either during or at this Section 7.06 shall survive the expiration or earlier termination of the Term, promptly make good any damage caused to the Properties by such removal and restore the Properties to their original condition prior to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord, pay to the Landlord the estimated cost of such removal and restorationthis Lease.
(d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, at its own expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenant.
Appears in 1 contract
Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall and Fixtures (other than trade fixtures) made by the Tenant, or made by the Landlord on the Tenant's behalf immediately become the property of the Landlord upon affixation or installation, without compensation therefor to the Tenant. The Leasehold Improvements installation and Trade Fixtures shall will not be removed from the Properties either during Premises at any time unless permitted or required by the Landlord. The Landlord is under no obligation to repair, maintain or insure these Leasehold Improvement, or Fixtures. The Tenant shall not be required or entitled to remove any Leasehold Improvements or Fixtures (other than trade fixtures) from the Premises at the expiration end of the Term except that:
(i) the Tenant may during the Term in the usual or normal course with the prior written consent of the Landlord remove its Trade Fixtures, provided the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater value, 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 cost; and
(ii) subject to Article 14Term. However, the Tenant shallshall remove its signage from the Building if required by the Landlord. The Tenant shall forthwith repair any damage to the Premises caused by the installation or removal of the trade fixtures or, at if applicable, the expiration or earlier termination signage. In addition, the Tenant will, prior to the end of the Term, at its own cost, remove such from the Premises any Hazardous Substances for which the Tenant is responsible hereunder. The Tenant's obligation to observe and perform this covenant shall survive the expiration of its Trade Fixtures and Leasehold Improvements installed in the Term or at the Properties as the Landlord requires to be removed.
(b) Subject to Article 14, if earlier termination of this Lease. If the Tenant does not remove its Trade Fixtures within five (5) days of any such Hazardous Substances from the expiration or earlier termination Premises at the end of the Term, such Hazardous Substances or materials may, without further notice to the Trade Fixtures shallTenant, be immediately removed from the Premises and may be disposed of or stored, at the option of the Landlord, and as the Landlord sees fit. Any costs or expenses incurred or damages suffered by the Landlord in removing, disposing or storing such Hazardous Substances shall be paid by the Tenant to the Landlord, within fifteen (15) days following the Tenant's receipt of an invoice from the Landlord, together with an amount equal to ten percent (10%) of such costs and expenses representing the Landlord's overhead and administrative costs.
(b) If the Tenant does not remove all of its trade fixtures at the end of the Term, all such trade fixtures may, without further notice to the Tenant, be immediately removed from the Premises and may be disposed of, sold or stored, at the option of the Landlord, and as the Landlord sees fit. Any costs or expenses incurred by the Landlord in removing, disposing, selling or storing such trade fixtures shall be paid by the Tenant to the Landlord, within fifteen (15) days following invoice, together with an amount equal to ten percent (10%) of such costs and expenses representing the Landlord's overhead and administrative costs. Any trade fixtures not removed from the Premises at the end of the Term, will at the Landlord's option, become the property of the Landlord (and, in such event, this paragraph shall have the effect of assigning the Tenant's right and title in such trade fixtures to the Landlord) and may be removed from the Properties Premises and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.
(c) Subject to Article 14, the The Tenant shall, in the case of every such installation or removal of Leasehold Improvements, Fixtures or trade fixtures either during or at the expiration or earlier termination of the Term, effect the same at times prescribed by the Landlord and utilizing only those elevators designated by the Landlord and shall promptly make good any damage caused to the Properties Premises or the Building or any part thereof by such removal and restore the Properties to their original condition prior to the installation or removal of such Trade Fixtures or and Leasehold Improvements in a good and workmanlike mannerImprovements, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord, pay to the Landlord the estimated cost of such removal and restoration.
(d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, all at its own sole expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenant.
Appears in 1 contract
Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall made by the Tenant, or made by the Landlord on the Tenant's behalf immediately become the property of the Landlord upon affixation or installation, without compensation therefor to the Tenant. The Leasehold Improvements installation and Trade Fixtures shall will not be removed from the Properties either during Leased Premises at any time unless permitted or at required by the expiration of Landlord. The Landlord is under no obligation to repair, maintain or insure these Leasehold Improvements. The Tenant will, prior to the Term except that:
(i) the Tenant may during the Term in the usual or normal course with the prior written consent of the Landlord remove its Trade Fixtures, provided the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater value, 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 cost; and
(ii) subject to Article 14, the Tenant shall, at the expiration or earlier termination end of the Term, at its own cost, remove such all of its Trade Fixtures and those Leasehold Improvements installed in or at the Properties as which the Landlord requires the Tenant to be removedremove and shall forthwith repair any damage to the Leased Premises caused by their installation or removal. In addition, the Tenant will, prior to the end of the Term, at its cost, remove from the Leased Premises any toxic or hazardous substances or materials (including without limitation, any products of waste, asbestos, urea formaldehyde foam insulation, radon gas, PCBs or any other contaminant as defined in the Environmental Protection Act, R.S.O. 1980, c. 141, as amended), which are located, stored or incorporated in or on any part of the Leased Premises. The Tenant's obligation to observe and perform this covenant shall survive the expiration of the Term or earlier termination of this Lease.
(b) Subject to Article 14, if If the Tenant does not remove all of its Trade Fixtures within five (5) days of and those Leasehold Improvements which the expiration or earlier termination Landlord requires the Tenant to remove at the end of the Term, all of such Leasehold Improvements and Fixtures may, without further notice to the Trade Fixtures shallTenant, be immediately removed from the Leased Premises and may be disposed of, sold or stored, at the option of the Landlord, and as the Landlord sees fit. Any costs or expenses incurred by the Landlord in removing, disposing, selling or storing such Leasehold Improvements or Fixtures shall be paid by the Tenant to the Landlord, upon demand, together with an amount equal to fifteen percent (15%) of such costs and expenses representing the Landlord's overhead and administrative costs. Any Fixtures not removed from the Leased Premises at the end of the Term, will at the Landlord's option, become the property of the Landlord (and, in such event, this paragraph shall have the effect of assigning the Tenant's right and title in such Fixtures to the Landlord) and may be removed from the Properties Leased Premises and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.
(c) Subject to Article 14, If the Tenant shall, in does not remove any toxic or hazardous substances or materials from the case of every such removal either during or Leased Premises at the expiration or earlier termination end of the Term, promptly make good any damage caused such hazardous or toxic substances or materials may, without further notice to the Properties by such removal Tenant, be immediately removed from the Leased Premises and restore the Properties to their original condition prior to the installation may be disposed of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, orstored, at the option of the Landlord, pay to and as the Landlord sees fit. Any costs or expenses incurred or damages suffered by the estimated cost of Landlord in removing, disposing or storing such removal and restoration.
(d) Subject to Article 14, at the expiration hazardous or earlier termination of the Term toxic substances or materials shall be paid by the Tenant shall, at its own expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine basesupon demand, cabling together with an amount equal to fifteen percent (electrical or otherwise), piping (pneumatic, water or otherwise15%) of such costs and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of expenses representing the Landlord, in compliance with all applicable laws 's overhead and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenantadministrative costs.
Appears in 1 contract
Samples: Industrial Lease (Iron Age Corp)
Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall immediately become the property of the Landlord upon affixation or installationinstallation and will not be removed unless permitted or required by the Landlord. The Landlord has no obligation to repair, maintain or insure the Leasehold Improvements. The Tenant will, prior to the end of the Term, at its cost, remove all Fixtures and those Leasehold Improvements (NOT APPROVED BY THE LANDLORD) which the Landlord requires the Tenant to remove and will immediately repair any damage to the Leased Premises caused by their installation or removal. NOTWITHSTANDING THE ABOVE, THE TENANT WILL NOT BE OBLIGATED TO REMOVE ANY OF THE EXISTING IMPROVEMENTS IN THE LEASED PREMISES, AS OF THE DATE OF THIS AGREEMENT, PRIOR TO THE END OF THE TERM.
(b) The Tenant will, prior to the end of the Term, at its cost, deliver to the Landlord evidence (including any clearance certificates and demolition permits) satisfactory to the Landlord that there are no Contaminants located, stored or incorporated in or on any part of the Leased Premises, in accordance with all applicable legislation and safety requirements.
(c) The Landlord may, as it sees fit and without compensation therefor notice to the Tenant. The , immediately remove from the Leased Premises and store or dispose of all fixtures, Leasehold Improvements and Trade Fixtures Contaminants not removed by the Tenant as required under Section 8.2(a) and Sections 8.4(a) and (b). The Tenant shall not be removed from pay to the Properties either Landlord, upon demand, all costs incurred by the Landlord in removing, storing or disposing of such Fixtures, Leasehold Improvements or Contaminants plus a sum equal to fifteen percent (15%) of such costs, representing the Landlord's overhead and administrative costs.
(d) The Tenant will effect any installation or removal of Fixtures, Leasehold Improvements or Contaminants, whether during or at the expiration of the Term except that:Term, only at times prescribed by the Landlord and utilizing only elevators and other services designated by the Landlord, and the Tenant will immediately repair any damage caused to the Leased Premises or the Building or any part thereof by any such installation or removal, all at its expense.
(ie) Any Fixtures not removed from the Tenant may during the Term in the usual or normal course with the prior written consent of the Landlord remove its Trade Fixtures, provided the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater value, and provided that in each case (1) the Tenant is not in default under this Lease, and (2) such removal is done Leased Premises at the Tenant’s cost; and
(ii) subject to Article 14, the Tenant shall, at the expiration or earlier termination end of the Term, at its own cost, remove such of its Trade Fixtures and Leasehold Improvements installed in or will at the Properties as the Landlord requires to be removed.
(b) Subject to Article 14, if the Tenant does not remove its Trade Fixtures within five (5) days of the expiration or earlier termination of the Term, the Trade Fixtures shall, at the option of the Landlord's option, become the property of the Landlord (and, in such event, this paragraph shall have the effect of assigning the Tenant's right and title in such Fixtures to the Landlord) and may be removed from the Properties Leased Premises and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.
(c) Subject to Article 14, the Tenant shall, in the case of every such removal either during or at the expiration or earlier termination of the Term, promptly make good any damage caused to the Properties by such removal and restore the Properties to their original condition prior to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord, pay to the Landlord the estimated cost of such removal and restoration.
(d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, at its own expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenant.
Appears in 1 contract
Samples: Lease Agreement (Vialta Inc)
Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall Alterations made by, the he Tenant, or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures) immediately become the property of the Landlord upon affixation or installation, without compensation therefor to the Tenant. The Leasehold Improvements , and Trade Fixtures shall will not be removed from the Properties either during Leased Premises at any time unless permitted or at required by the expiration of the Term except that:
(i) Landlord. The Landlord is under no obligation to repair. maintain or insure these Alterations. the Tenant may during the Term in the usual or normal course with the prior written consent of the Landlord remove its Trade Fixtures, provided the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater value, 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 cost; and
(ii) subject to Article 14, the Tenant shallwill, at the expiration or earlier termination of the Term, at its own cost, remove such of its Trade Fixtures those leasehold improvements and Leasehold Improvements installed in or at the Properties as fixtures which the Landlord requires the Tenant to be removedremove and will make good any damage to the Leased Premises or the Building or the Project resulting from their installation or removal.
(b) Subject to Article 14The Tenant may during the Term in the normal course of its business and with the prior written consent of the Landlord remove its trade fixtures, but only if they have become excess for the Tenant's purposes or the Tenant does is substituting new and similar trade fixture, and in each case, only when the Tenant is not remove its Trade Fixtures within five (5) days in default under the terms of this Lease. At the expiration or earlier termination of the Term, the Trade Fixtures shallTenant will, at its own cost, remove all of its trade fixtures & will make good. any damage to the option Leased premises or the Building or the Project caused as a result of their installation or their removal. If the Tenant does not remove its trade fixtures at the end or earlier termination of the Term, the trade fixtures will, at the. Landlord's option, become the property of the Landlord and may be removed from the Properties and Leased Premises & sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.
(c) Subject to Article 14For greater certainty, the Tenant shall, in the case of every such removal either during or at the expiration or earlier termination of the Term, promptly make good any damage caused to the Properties by such removal and restore the Properties to their original condition prior to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option of the Landlord, pay to the Landlord the estimated cost of such removal and restoration.
(d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, at its own expense, removeTenant’s trade fixtures exclude: (i) from the Propertiesheating or air-conditioning systems, at the option of facilities and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenantequipment.
Appears in 1 contract
Samples: Lease Agreement (Chalk Media Corp)
Removal and Restoration by the Tenant. (a) All Leasehold Improvements shall alterations, decorations, additions and improvements made by the Tenant or made by the Landlord on the Tenant's behalf (other than the Tenant's trade fixtures) immediately become the property of the Landlord upon affixation or installation, without compensation therefor to the Tenant. The Leasehold Improvements installation and Trade Fixtures shall will not be removed from the Properties either during Leased Premises at any time unless permitted or required by the Landlord. The Landlord is under no obligation to repair, maintain or insure these alterations, decorations, additions or improvements. The Tenant will, at the expiration of the Term except that:Term, at its cost, remove those leasehold improvements and fixtures which the Landlord requires the Tenant to remove and will make good any damage to the Leased Premises or the Building resulting from their installation or removal.
(ib) the 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 Fixturestrade fixtures, provided but only if they have become excess for the Tenant's purposes or if the Tenant is substituting new and similar Trade Fixtures therefor of equal or greater valuetrade fixtures and, and provided that in each case (1) case, only when the Tenant is not in default under the terms of this Lease, and (2) such removal is done at . At the Tenant’s cost; and
(ii) subject to Article 14expiration of the Term, the Tenant shall, at the expiration or earlier termination of the Termwill, at its own cost, remove such all of its Trade Fixtures trade fixtures and Leasehold Improvements installed in will make good any damage to the Leased Premises or at the Properties Building caused as the Landlord requires to be removed.
(b) Subject to Article 14, if a result of their installation or removal. If the Tenant does not remove its Trade Fixtures within five (5) days of trade fixtures at the expiration or earlier termination end of the Term, the Trade Fixtures shalltrade fixtures will, at the option of the Landlord's option, become the property of the Landlord and may be removed from the Properties Leased Premises and sold or disposed of by the Landlord in such manner as it deems advisable, without compensation to the Tenant.
(c) Subject to Article 14For greater certainty, the Tenant shallTenant's trade fixtures exclude:
(i) heating, ventilating or air-conditioning systems, facilities and equipment, if the same are required to service only the Leased Premises;
(ii) floor covering affixed to the floor of the Leased Premises;
(iii) light fixtures;
(iv) internal stairways and doors, if any; and
(v) any fixtures, facilities, equipment or installations existing in the case of every such removal either during Leased Premises when the Leased Premises were delivered to the Tenant or installed by or at the expiration or earlier termination of the Term, promptly make good any damage caused to the Properties by such removal and restore the Properties to their original condition prior to the installation of such Trade Fixtures or Leasehold Improvements in a good and workmanlike manner, and Section 5.5 shall apply, mutatis mutandis, or, at the option expense of the Landlord, pay ; all of which are deemed to the Landlord the estimated cost of such removal and restorationbe leasehold improvements.
(d) Subject to Article 14, at the expiration or earlier termination of the Term the Tenant shall, at its own expense, remove: (i) from the Properties, at the option of and to the satisfaction of the Landlord, all machine bases, cabling (electrical or otherwise), piping (pneumatic, water or otherwise) and wiring (electrical, computer or otherwise) installed by or on behalf of the Tenant and make good any damage caused to the Properties by such removal and restore the Properties to its original condition prior to installation; (ii) any and all Hazardous Substances brought on to the Properties by or on behalf of the Tenant or which arise from the Tenant’s use or occupation of the Properties, and clean up any and all resultant or related contamination in compliance with all applicable laws and regulations; and (iii) from the Properties at the option of the Landlord, in compliance with all applicable laws and regulations, any and all storage and/or holding tanks (whether above or below ground) installed by or on behalf of the Tenant.
Appears in 1 contract
Samples: Lease (Ironside Technologies Inc)