Common use of Removal of Alterations and Tenant’s Property Clause in Contracts

Removal of Alterations and Tenant’s Property. All Alterations in the Premises shall, except as expressly provided below, remain upon and be surrendered with the Premises, on the Expiration Date or sooner termination of the Term. Landlord shall specify, at the time Tenant submits plans and specifications to Landlord, those Alterations which are specialty alterations (“Specialty Alterations”) which shall mean kitchens, stages (other than the stages existing in the Premises on the Execution Date) and any other Alterations which in Landlord’s good faith judgment would not be usable by a subsequent tenant of the Music Hall using the Music Hall as an entertainment facility, which Landlord may, at its election (made at the time of Landlord’s approval of such Specialty Alterations), require Tenant to remove on or before the Expiration Date or earlier termination of this Lease. Upon the Expiration Date or earlier termination of this Lease, Tenant, at Landlord’s request, shall remove any of such Specialty Alterations (which Landlord shall have elected to have Tenant so remove in accordance with this Section 5.3(a)) and all of Tenant’s Property and shall repair and restore, in a good and workerlike manner, any damage to the Premises or the Buildings caused by Tenant’s removal of such Specialty Alterations or Tenant’s Property, and if Tenant fails to do so, Tenant shall reimburse Landlord, on demand, for Landlord’s cost of repairing and restoring such damage. Any Alterations or Tenant’s Property not so removed at Landlord’s request shall be deemed abandoned and Landlord may retain same as Landlord’s property, or dispose of same, and repair and restore any damage caused thereby, at Tenant’s cost and without accountability to Tenant.

Removal of Alterations and Tenant’s Property. All Alterations in the Premises shall, except as expressly provided below, remain upon and be surrendered with the Premises, on On or prior to the Expiration Date or sooner termination of the Term. Landlord shall specify, at the time Tenant submits plans and specifications to Landlord, those Alterations which are specialty alterations (“Specialty Alterations”) which shall mean kitchens, stages (other than the stages existing in the Premises on the Execution Date) and any other Alterations which in Landlord’s good faith judgment would not be usable by a subsequent tenant of the Music Hall using the Music Hall as an entertainment facility, which Landlord may, at its election (made at the time of Landlord’s approval of such Specialty Alterations), require Tenant to remove on or before the Expiration Date or earlier termination of this Lease. Upon the Expiration Date or earlier termination of this Lease, Tenant, at LandlordTenant’s requestexpense, shall remove any of such Specialty Alterations (which Landlord shall have elected to have Tenant so remove in accordance with this Section 5.3(a)) and all of Tenant’s Property and from the Premises, and, at Tenant’s option, Tenant also may remove, at Tenant’s expense, all Alterations made by or on behalf of Tenant or any other Person claiming by, through or under Tenant; provided, however, in any case, that Tenant shall repair and restore, restore in a good and workerlike manner, workmanlike manner to good condition any damage to the Premises or the Buildings Building caused by Tenantsuch removal. Landlord, upon notice to Tenant given at least sixty (60) days prior to the Expiration Date, may require Tenant to remove any Specialty Alterations (other than any such alterations that were installed as part of Landlord’s removal of Work) from the Premises, and to repair and restore in a good and workmanlike manner to good condition any damage to the Premises or the Building caused by such removal. If (x) the Expiration Date is not the Fixed Expiration Date, and (y) Landlord gives a notice to Tenant on or prior to the thirtieth (30th) day after the Expiration Date to the effect that Landlord does not wish to retain a particular Specialty Alteration, then Tenant shall pay to Landlord the reasonable Out-of-Pocket Costs that are incurred by Landlord in so removing such Specialty Alterations or Tenant’s PropertyAlterations, and if Tenant fails to do so, Tenant shall reimburse Landlord, on demand, for Landlord’s cost of in so repairing and restoring any such damagedamage to the Building or the Premises, within thirty (30) days after Landlord submits to Tenant an invoice therefor together with reasonable supporting documentation for the charges set forth therein. Any Alterations or Tenant’s Property not so removed at Landlord’s request that remain in the Premises after the Expiration Date shall be deemed abandoned and to be the property of Landlord may retain same as Landlord’s property(with the understanding, or dispose however, that Tenant shall remain liable to Landlord for any default of same, and repair and restore any damage caused thereby, at Tenant in respect of Tenant’s cost and without accountability to Tenantobligations under this Section 7.8).

Removal of Alterations and Tenant’s Property. All Alterations in the Premises shall, except as expressly provided below, remain upon and be surrendered with the Premises, on On or prior to the Expiration Date or sooner termination of the Term. Landlord shall specify, at the time Tenant submits plans and specifications to Landlord, those Alterations which are specialty alterations (“Specialty Alterations”) which shall mean kitchens, stages (other than the stages existing in the Premises on the Execution Date) and any other Alterations which in Landlord’s good faith judgment would not be usable by a subsequent tenant of the Music Hall using the Music Hall as an entertainment facility, which Landlord may, at its election (made at the time of Landlord’s approval of such Specialty Alterations), require Tenant to remove on or before the Expiration Date or earlier termination of this Lease. Upon the Expiration Date or earlier termination of this Lease, Tenant, at LandlordTenant’s requestexpense, shall remove any of such Specialty Alterations (which Landlord shall have elected to have Tenant so remove in accordance with this Section 5.3(a)) and all of Tenant’s Property and from the Premises, and, at Tenant’s option, Tenant also may remove, at Tenant’s expense, all Alterations made by or on behalf of Tenant or any other Person claiming by, through or under Tenant; provided, however, in any case, that Tenant shall repair and restore, restore in a good and workerlike manner, workmanlike manner to good condition any damage to the Premises or the Buildings Building caused by Tenantsuch removal. Landlord, upon notice to Tenant given together with Landlord’s removal of approval thereof, provided that Tenant so requested Landlord to give such notice to Tenant at the time that Tenant gave Landlord an Alterations Notice for such Specialty Alteration, may require Tenant to remove any Specialty Alterations from the Premises, and to repair and restore in a good and workmanlike manner to good condition any damage to the Premises or the Building caused by such removal. If Tenant failed to request that Landlord give such notice to Tenant at the time that Tenant gave an Alterations Notice for such Specialty Alterations or Tenant’s Propertyand (x) the Expiration Date is not the Fixed Expiration Date, and if (y) Landlord gives a notice to Tenant fails on or prior to do sothe thirtieth (30th) day after the Expiration Date to the effect that Landlord does not wish to retain a particular Specialty Alteration, then Tenant shall reimburse Landlordpay to Landlord the reasonable Out-of-Pocket Costs that are incurred by Landlord in so removing such Specialty Alterations, on demand, for Landlord’s cost of and in so repairing and restoring any such damagedamage to the Building or the Premises, within thirty (30) days after Landlord submits to Tenant an invoice therefor together with reasonable supporting documentation for the charges set forth therein. Any Alterations or Tenant’s Property not so removed at Landlord’s request that remain in the Premises after the Expiration Date shall be deemed abandoned and to be the property of Landlord may retain same as Landlord’s property(with the understanding, or dispose however, that Tenant shall remain liable to Landlord for any default of same, and repair and restore any damage caused thereby, at Tenant in respect of Tenant’s cost and without accountability to Tenantobligations under this Section 7.8).

Removal of Alterations and Tenant’s Property. All Alterations in the Premises shall, except as expressly provided below, remain upon and be surrendered with the Premises, on On or prior to the Expiration Date or sooner termination of the Term. Landlord shall specify, at the time Tenant submits plans and specifications to Landlord, those Alterations which are specialty alterations (“Specialty Alterations”) which shall mean kitchens, stages (other than the stages existing in the Premises on the Execution Date) and any other Alterations which in Landlord’s good faith judgment would not be usable by a subsequent tenant of the Music Hall using the Music Hall as an entertainment facility, which Landlord may, at its election (made at the time of Landlord’s approval of such Specialty Alterations), require Tenant to remove on or before the Expiration Date or earlier termination of this Lease. Upon the Expiration Date or earlier termination of this Lease, Tenant, at Landlord’s requestTenant's sole cost and expense, shall (x) shalt remove Tenant's Property from the Premises, and (y) may remove any of such Specialty Alterations (which Landlord shall have elected to have or any trade fixtures paid for by Tenant so remove in accordance with this Section 5.3(aas part of the Initial Alterations)) and all of Tenant’s Property and . Tenant shall repair and restore, restore in a good and workerlike manner, workmanlike manner to good condition any damage to the Premises or the Buildings Building caused by such removal. Landlord may require Tenant to remove any Specialty Alterations, and to repair and restore in a good and workmanlike manner to good condition any damage to the Premises or the Building caused by such removal, by giving notice thereof to Tenant not later than the one hundred twentieth (120th) day before the Fixed Expiration Date, or, if the Expiration Date is not the Fixed Expiration Date, the one hundred twentieth (120th) day after the Expiration Date. Tenant shall perform any work required by this Section 4.7 in accordance with the provisions of this Article 4. Notwithstanding the foregoing, in the event that, at the time Tenant requests Landlord's consent for the installation of any proposed Specialty Alterations, Tenant also specifically requests, in writing , that Landlord also consent to the Tenant’s 's non-removal of such proposed Specialty Alterations Alteration from the Premises at the expiration or Tenant’s Propertytermination of this Lease, then in the event Landlord shall consent to the making of such proposed Specialty Alteration the Landlord shall also indicate which aspects (if any) of such alterations or installations (i) must be removed by Tenant on or prior to the expiration or termination of this Lease, in which case the affected area(s) of the Premises must be restored to good order and if Tenant fails condition, subject to do soreasonable wear and tear, Tenant damage due to fire or other casualty and landlord's obligations under this Lease and (ii) may remain upon the Premises at the expiration or termination of this Lease. The provisions of this Section 4.7 shall reimburse Landlord, on demand, for Landlord’s cost survive the expiration or earlier termination of repairing and restoring such damage. Any Alterations or Tenant’s Property not so removed at Landlord’s request shall be deemed abandoned and Landlord may retain same as Landlord’s property, or dispose of same, and repair and restore any damage caused thereby, at Tenant’s cost and without accountability to Tenantthe Term.

Removal of Alterations and Tenant’s Property. All Alterations in the Premises shall, except as expressly provided below, remain upon and be surrendered with the Premises, on (A) On or prior to the Expiration Date or sooner termination of the Term. Landlord shall specify, at the time Tenant submits plans and specifications to Landlord, those Alterations which are specialty alterations (“Specialty Alterations”) which shall mean kitchens, stages (other than the stages existing in the Premises on the Execution Date) and any other Alterations which in Landlord’s good faith judgment would not be usable by a subsequent tenant of the Music Hall using the Music Hall as an entertainment facility, which Landlord may, at its election (made at the time of Landlord’s approval of such Specialty Alterations), require Tenant to remove on or before the Expiration Date or earlier termination of this Lease. Upon the Expiration Date or earlier termination of this Lease, Tenant, at LandlordTenant’s requestexpense, shall remove any of such Specialty Alterations (which Landlord shall have elected to have Tenant so remove in accordance with this Section 5.3(a)) and all of Tenant’s Property and from the Premises, and, subject to Section 7.11 hereof, at Tenant’s option, Tenant also may remove, at Tenant’s expense, all Alterations made by or on behalf of Tenant or any other Person claiming by, through or under Tenant; provided, however, in any case, that Tenant shall repair and restore, restore in a good and workerlike manner, workmanlike manner to good condition any damage to the Premises or the Buildings Building caused by Tenant’s removal such removal. Subject to the terms of Section 7.8(C) hereof, Landlord, upon notice to Tenant given at least one hundred fifty (150) days prior to the Expiration Date, or the last day of the Renewal Term, as the case may be, may require Tenant to remove any Specialty Alterations from the Premises, and to repair and restore in a good and workmanlike manner to good condition any damage to the Premises or the Building caused by such removal; provided, however, that Landlord shall not have the right to require Tenant to remove any Qualified Alterations. If (x) the Expiration Date is not the Fixed Expiration Date, or the last day of the Renewal Term, as the case may be, and (y) Landlord gives a notice to Tenant on or prior to the thirtieth (30th) day after the Expiration Date to the effect that Landlord does not wish to retain a particular Specialty Alteration, then Tenant shall pay to Landlord the reasonable Out-of-Pocket Costs that are incurred by Landlord in so removing such Specialty Alterations or Tenant’s PropertyAlterations, and if Tenant fails to do so, Tenant shall reimburse Landlord, on demand, for Landlord’s cost of in so repairing and restoring any such damagedamage to the Building or the Premises, within thirty (30) days after Landlord submits to Tenant an invoice therefor together with reasonable supporting documentation for the charges set forth therein; provided, however, that Landlord shall not have the right to give any such notice to Tenant in respect of Qualified Alterations. Any Alterations that remain in the Premises after the Expiration Date, or Tenant’s Property not so removed at Landlord’s request the last day of the Renewal Term, as the case may be, shall be deemed abandoned and to be the property of Landlord may retain same as Landlord’s property(with the understanding, or dispose however, that Tenant shall remain liable to Landlord for any default of same, and repair and restore any damage caused thereby, at Tenant in respect of Tenant’s cost and without accountability to Tenantobligations under this Section 7.8(A)).

Removal of Alterations and Tenant’s Property. All Alterations in the Premises shall, except as expressly provided below, remain upon and be surrendered with the Premises, on (A) On or prior to the Expiration Date or sooner termination of the Term. Landlord shall specify, at the time Tenant submits plans and specifications to Landlord, those Alterations which are specialty alterations (“Specialty Alterations”) which shall mean kitchens, stages (other than the stages existing in the Premises on the Execution Date) and any other Alterations which in Landlord’s good faith judgment would not be usable by a subsequent tenant of the Music Hall using the Music Hall as an entertainment facility, which Landlord may, at its election (made at the time of Landlord’s approval of such Specialty Alterations), require Tenant to remove on or before the Expiration Date or earlier termination of this Lease. Upon the Expiration Date or earlier termination of this Lease, Tenant, at Landlord’s requestTenant's expense, shall remove Tenant's Property from the Premises, and, subject to the terms of Section 1.2(C)(4) hereof, at Tenant's option, Tenant also may remove, at Tenant's expense, all Alterations made by or on behalf of Tenant or any of such Specialty Alterations (which Landlord shall have elected to have other Person claiming by, through or under Tenant; provided, however, in any case, that Tenant so remove in accordance with this Section 5.3(a)) and all of Tenant’s Property and shall repair and restore, restore in a good and workerlike manner, workmanlike manner to good condition any damage to the Premises or the Buildings Building caused by Tenant’s removal such removal. Landlord acknowledges that Landlord shall not have the right to require Tenant to remove any telephone, computer or other telecommunications cabling or wiring from the walls, floors, or ceiling in the Premises or the Risers at the end of such the Term. Landlord, upon notice to Tenant given at least one hundred eighty (180) days prior to the Expiration Date, or the last day of the Renewal Term, as the case may be, may require Tenant to remove any Specialty Alterations or Tenant’s Propertyfrom the Premises, and if Tenant fails to do so, Tenant shall reimburse Landlord, on demand, for Landlord’s cost of repairing and restoring such damage. Any Alterations or Tenant’s Property not so removed at Landlord’s request shall be deemed abandoned and Landlord may retain same as Landlord’s property, or dispose of same, and repair and restore in a good and workmanlike manner to good condition any damage to the Premises or the Building caused therebyby such removal; provided, at Tenant’s cost however, that Landlord shall not have the right to require Tenant to remove (i) any Qualified Alterations or (ii) any Specialty Alterations consisting of kitchens or executive bathrooms, unless (x) any such kitchen or executive bathroom is located in Recapture Space for which Landlord exercised a Recapture Termination prior to the Fixed Expiration Date or (y) the Expiration Date occurs prior to the Fixed Expiration Date (it being understood that in each such case, Landlord shall have the right to require Tenant to remove any kitchens and without accountability to Tenant.executive bathrooms that constitute Specialty Alterations (that are not Qualified Alterations)). If (x) the Expiration Date is not the Fixed Expiration Date or the last day of the Renewal Term, as the case may be, and (y) Landlord gives

Removal of Alterations and Tenant’s Property. All Alterations in the Premises shall, except as expressly provided below, remain upon and be surrendered with the Premises, on (A) On or prior to the Expiration Date or sooner termination of the Term. Landlord shall specify, at the time Tenant submits plans and specifications to Landlord, those Alterations which are specialty alterations (“Specialty Alterations”) which shall mean kitchens, stages (other than the stages existing in the Premises on the Execution Date) and any other Alterations which in Landlord’s good faith judgment would not be usable by a subsequent tenant of the Music Hall using the Music Hall as an entertainment facility, which Landlord may, at its election (made at the time of Landlord’s approval of such Specialty Alterations), require Tenant to remove on or before the Expiration Date or earlier termination of this Lease. Upon the Expiration Date or earlier termination of this Lease, Tenant, at LandlordTenant’s requestexpense, shall remove any of such Specialty Alterations (which Landlord shall have elected to have Tenant so remove in accordance with this Section 5.3(a)) and all of Tenant’s Property and from the Premises, and, at Tenant’s option, Tenant also may remove, at Tenant’s expense, all Alterations made by or on behalf of Tenant or any other Person claiming by, through or under Tenant; provided, however, in any case, that Tenant shall repair and restore, restore in a good and workerlike manner, manner to good condition any damage to the Premises or the Buildings Building caused by Tenant’s removal of such removal. Landlord, upon notice to Tenant given at least thirty (30) days prior to the Expiration Date, may require Tenant to remove any Specialty Alterations from the Premises, and to repair and restore in a good and workerlike manner to good condition any damage to the Premises or the Building caused by such removal; provided, however, that Landlord shall not have the right to require Tenant to remove any Qualified Alterations. If (x) the Expiration Date is not the Fixed Expiration Date, and (y) Landlord gives a notice to Tenant on or prior to the thirtieth (30th) day after the Expiration Date to the effect that Landlord does not wish to retain a particular Specialty Alteration, then Tenant shall pay to Landlord the reasonable costs incurred by Landlord in so removing such Specialty Alterations or Tenant’s PropertyAlterations, and if Tenant fails to do so, Tenant shall reimburse Landlord, on demand, for Landlord’s cost of in so repairing and restoring any such damagedamage to the Building or the Premises, within thirty (30) days after Landlord submits to Tenant an invoice therefor; provided, however, that Landlord shall not have the right to give any such notice to Tenant in respect of Qualified Alterations. Any Alterations or Tenant’s Property not so removed at Landlord’s request that remain in the Premises after the Expiration Date shall be deemed abandoned and to be the property of Landlord may retain same as Landlord’s property(with the understanding, or dispose however, that Tenant shall remain liable to Landlord for any default of same, and repair and restore any damage caused thereby, at Tenant in respect of Tenant’s cost and without accountability to Tenantobligations under this Section 8.8(A)).

Removal of Alterations and Tenant’s Property. All Alterations in the Premises shall, except as expressly provided below, remain upon and be surrendered with the Premises, on the Expiration Date or sooner termination of the Term. Landlord shall specify, at the time Tenant submits plans and specifications to Landlord, those Alterations which are specialty alterations (“Specialty Alterations”) which shall mean kitchens, stages (other than the stages existing in the Premises on the Execution Date) and any other Alterations which in Landlord’s good faith judgment would not be usable by a subsequent tenant of the Music Hall using the Music Hall as an entertainment facility, which Landlord may, at its election (made at the time of Landlord’s approval of such Specialty Alterations), require Tenant to remove on or before the Expiration Date or earlier termination of this Lease. Upon the Expiration Date or earlier termination of this Lease, Tenant, at Landlord’s request, shall remove any of such Specialty Alterations (which Landlord shall have elected to have Tenant so remove in accordance with this Section 5.3(a)) and all of Tenant’s Property and shall repair and restore, in a good and workerlike manner, any damage to the Premises or the Buildings caused by Tenant’s removal of such Specialty Alterations or Tenant’s Property, and if Tenant fails to do so, Tenant Xxxxxx shall reimburse Landlord, on demand, for Landlord’s cost of repairing and restoring such damage. Any Alterations or Tenant’s Property not so removed at Landlord’s request shall be deemed abandoned and Landlord may retain same as Landlord’s property, or dispose of same, and repair and restore any damage caused thereby, at Tenant’s cost and without accountability to Tenant.