Common use of Removal of Alterations Clause in Contracts

Removal of Alterations. (i) All movable property, furniture, furnishings and trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Compass, Inc.), Lease Agreement (Urban Compass, Inc.)

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Removal of Alterations. Tenant shall, at Tenant's expense, diligently remove all Alterations made by Tenant after the Commencement Date and designated by Landlord or agreed to by Tenant, as the case may be, to be removed at the time of Landlord's approval or Tenant's request for approval or notice thereof (iunless otherwise required pursuant to Exhibit C), and, with respect to any such removal, Tenant shall repair any damage to the Premises caused by such removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to such Alteration, provided that to the extent Tenant makes approved Alterations which are in the nature of standard office improvements (such as the erection or demolition of partitioning walls, and the like), Landlord agrees that it will not condition its consent to such Alterations upon Tenant's agreement to remove such items and restore the affected portions of the Premises upon Lease expiration or earlier termination. Except for Tenant's Telecommunication Equipment. Tenant's UPS System, Tenant's Supplemental HVAC Units, Tenant's emergency generator and Tenant's Generator Fuel Tank (as each is defined in Exhibit C), the removal of which shall be governed by the applicable provisions of Part B of Exhibit C, Tenant shall surrender upon expiration or earlier termination of the Term of this Lease all initial improvements constructed to Premises pursuant to Exhibit C, including all improvements installed as part of Tenant's Work under Exhibit C, or paid for with the proceeds of any allowance paid by (or for the benefit of) All Tenant pursuant to Exhibit C unless otherwise agreed to by the parties in writing. Tenant shall also remove all of its movable property, furniture, furnishings property and trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of this Lease, and shall pay to Landlord the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal repairing any damage to the Premises or Building resulting from such removal. In no event shall Tenant remove any portion of such Specialty Alterations or Specialty Landlord's Work Items. Notwithstanding the foregoing, except in connection with any request a permitted Alteration hereunder. All items of Tenant's movable property, trade fixtures and personal property that are not removed from the Premises or the Building by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term termination of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent or dispossession of Tenant due to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements default pursuant to Article 24 of this Subsection H(i)Lease shall be deemed abandoned and become the exclusive property of Landlord, if Landlord fails without further notice to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing demand upon Tenant. Tenant's obligations under these Sections 15.2 and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H 15.3 shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlordthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Net2000 Communications Inc)

Removal of Alterations. (i) All movable propertyAt the time that Landlord gives Tenant Landlord's consent to any proposed Alterations, furnitureor if Landlord's consent is not required, furnishings and trade fixtures furnished by or at the expense time that Tenant notifies Landlord in writing of Tenant's intention to commence Alterations, other than those affixed Landlord shall notify Tenant in writing whether Landlord will require Tenant to remove such Alterations ("Tenant's Alterations") or whether Landlord will require that such Alterations remain at the Premises so that they cannot ("Landlord's Alterations"). Landlord shall have a reasonable time to decide whether any particular Alteration shall be removed without damage and other than those replacing an item theretofore furnished and paid for by a Landlord's Alteration or a Tenant's Alteration. In the event that, due to a failure of either Landlord or for which Tenant has received to comply with the provisions hereof, Landlord does not indicate in writing whether any particular Alteration shall be a credit Landlord's Alteration or allowancea Tenant's Alteration, such Alteration shall remain the property of be deemed to be a Tenant, and may 's Alteration. All Tenant's Alterations 5. shall be removed by Tenant from time to time prior upon the expiration or early termination of this Lease, and Tenant shall repair and restore the Premises to the expiration condition existing immediately before such removal, reasonable wear and tear excepted. If, upon the request of Landlord, Tenant does not remove all Alterations and property of Tenant (excluding Landlord's Alterations), Landlord may remove them and Tenant shall pay the Termexpense of such removal to Landlord upon demand. All Landlord's Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with remain upon the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier early termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsectionwithout compensation, provided that any notice requesting Landlord’s consent allowance or credit to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTIONTenant. [Last sentence intentionally deleted because not incorporated into Sublease.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.] LIENS

Appears in 1 contract

Samples: Lease (Genitope Corp)

Removal of Alterations. (i) All movable property, furniture, furnishings and trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, elect to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s 's expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work ItemsAlterations. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may shall not be required to be removed upon the expiration of the Term of this Lease remove any Alterations which are approved by Landlord in accordance with the standards set forth in this SubsectionArticle 3, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided except that Tenant complies with the notice requirements of this Subsection H(i)acknowledges that Tenant shall be obligated to remove, if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration or earlier termination of the Term, at Tenant's expense, any Alterations made by Tenant consisting of raised floors, vaults, internal staircases, pneumatic tubes, vertical and horizontal transportation systems, and any other installations which would cost more to remove than ordinary office installations. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, removal and shall restore the Premises to good order and condition at Tenant’s 's expense, and if Tenant fails to do so, Landlord may do so at Tenant's cost and Tenant shall reimburse Landlord therefor within ten (10) days of rendition of a bill therefor. Upon Tenant’s failure of Tenant to remove any such property or AlterationsXxxerations, Landlord may, at Tenant's expense: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, and (c) repair any damage caused by said removal and restore the Premises to good order and condition. Tenant shall reimburse Landlord for all of the aforesaid expenses within ten (10) days of rendition of a bill therefor. (iii) Notwithstanding anything to the contxxxx contained in, this Subsection H, any items of property or (d) deem such property and Alterations not removed by Tenant may, at the election of Landlord, be deemed to have been abandoned by Tenant, and Landlord may retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iiiiv) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Bridgeline Software, Inc.)

Removal of Alterations. (i) All movable propertyfixtures, furnitureequipment, furnishings and trade fixtures furnished by alterations, additions, improvements and/or appurtenances attached to or built into the Premises prior to or during the Lease Term, at the expense of TenantLandlord (including, other than those affixed to without limitation, the Lighting) shall be and remain part of the Premises so that they canand shall not be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Lease Term. All fixtures, providedequipment, howeveralterations, that Landlord may electadditions, improvements and/or appurtenances attached to or built into the Premises prior to or during the Lease Term at Landlord’s option, to require the expense of Tenant shall be and remain the property of Tenant (a) to remove, prior to "Tenant's Equipment/Fixtures"). Tenant may remove any or all of Tenant's Equipment/Fixtures and restore the expiration or earlier termination affected portion of the Term, Premises at Tenant’s expense, any Specialty Alterations anytime during the Lease Term so long as such removal and restoration does not affect the structure of the Building or Specialty Work Items (as defined Building Systems and the same is performed in Schedule B attached hereto), or (b) pay Landlord for accordance with all of the reasonable cost terms and conditions of removal of such Specialty Alterations or Specialty Work Itemsthis Lease. Notwithstanding the foregoing, in connection with upon the expiration (or earlier termination) of the Lease Term, Tenant shall remove any request or all of Tenant's Equipment/Fixtures required by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon pursuant to the expiration provisions of the Term of this Lease Article 9.3 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in accordance with the standards set forth in this Subsectioncabinetry, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASEmolding, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONSdoors, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(ivaults (including vault doors), if plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord fails hereby agrees and acknowledges that Landlord shall have no lien whatsoever in any item of Tenant's Equipment/Fixtures located in the Premises or otherwise and Landlord hereby waives any right to designate Alterations as Specialty Alterations at the time Landlord approves claim any such Alterationslien on Tenant's Equipment/Fixtures. Within thirty (30) days after Tenant's written request, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations execute a Landlord's lien waiver in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred form prepared by Landlord evidencing Landlord's waiver of any right, title, lien or interest in connection therewithTenant's Equipment/Fixtures. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Netgear Inc)

Removal of Alterations. (i) All movable property, furniture, furnishings Alterations and trade fixtures furnished by or at the expense of Tenant, other than those affixed to initial Tenant Improvements in the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and (whether installed or paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises), shall become the property of Landlord and shall remain upon and be surrendered with the Premises at the end of the Term; provided, however, Landlord may, by written notice delivered to Tenant concurrent with and as a part of any Landlord approval of the Alterations or Tenant Improvements to any portion of the Common Areas, including the Building lobby, identify those Alterations or Tenant Improvements to any portion of the Common Areas, including the Building lobby which Landlord shall require Tenant to remove at the end of the Term or otherwise be deemed to have waived such right; provided, however, that in no event will Landlord may electhave the right to designate any Alterations or Tenant Improvements to any portion of the Common Areas, including the Building lobby for removal unless such Alterations or Tenant Improvements to any portion of the Common Areas, including the Building lobby are of a nature that would typically require removal and the repair costs for such removal are materially in excess of the removal and repair costs associated with standard office improvements. If Landlord requires Tenant to remove any such Alterations or Tenant Improvements to any portion of the Common Areas, including the Building lobby, Tenant shall, at its sole cost, remove the identified items on or before the expiration or sooner termination of this Lease and repair any damage to the Premises caused by such removal to its original condition, ordinary wear and tear excepted (or, at Landlord’s option, Tenant shall pay to require Tenant (a) to remove, prior to the expiration or earlier termination Landlord all of the Term, at TenantLandlord’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal costs of such Specialty Alterations or Specialty Work Itemsremoval and repair). Notwithstanding the foregoing, in connection with any request by Landlord agrees that Tenant for Landlord’s consent shall have no obligation to remove at the end of the Term any Alterations, Landlord agrees improvements or other installations currently existing in the Premises as of the date of this Lease, nor shall Tenant have any obligation to inform Tenant remove at the time end of the Term any Alterations, Tenant Improvements or other installations constructed by either Landlord or Tenant as part of either a Tenant-Managed Work Letter or a Landlord’s consent if -Managed Work Letter except for Tenant Improvements to any portion of the proposed Alterations are Specialty Alterations that may be Common Areas, including the Building lobby, required to be removed upon at the expiration direction of the Term of this Lease in accordance with the standards Landlord as set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTIONabove.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Office Lease (Tw Telecom Inc.)

Removal of Alterations. (i) All movable property, furniture, furnishings and trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Lease Term, whereupon any Tenant shall, at Tenant's expense, diligently remove all Alterations made by Tenant after the Commencement Date and all monetary obligations designated by Landlord or agreed to by Tenant, as the case may be, to be removed at the time of Landlord's approval or Tenant's request for approval or notice thereof (or otherwise required to be removed by Tenant pursuant thereto to EXHIBIT C). Tenant shall repair any damage to the Premises caused by such removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to such Alteration. Tenant shall remove all of its movable property and trade fixtures, and if Tenant so elects or Landlord so requires, the Dedicated HVAC Units, at the expiration or earlier termination of this Lease, and shall pay to Landlord the cost of repairing any damage to the Premises or Building resulting from such removal. In no event shall Tenant remove any portion of Landlord's Work or Base Building Improvements except as otherwise expressly provided in this Lease. All items of Tenant's movable property, trade fixtures and personal property (including, without limitation, the Dedicated HVAC Units) that are not removed from the Premises or the Building by Tenant at the termination of this Lease (or at any time when Landlord has the right of reentry due to a Tenant default) shall be deemed damages recoverable abandoned and become the exclusive property of Landlord, without further notice to or demand upon Tenant and may be removed by LandlordLandlord at Tenant's expense and with no liability to Tenant whatsoever. Tenant's obligations under these Sections 15.2 and 15.3 shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (MCK Communications Inc)

Removal of Alterations. (iIf any alterations are made without the prior written consent of Landlord, Landlord shall have the right, at its option and in addition to Landlord’s other rights and remedies, to either require Tenant to remove such alterations and restore the affected portion(s) All movable propertyof the Premises, furniturethe Building or the Office Complex, furnishings as applicable, to their condition immediately prior thereto, or to do so on Tenant’s behalf, in which case Tenant shall reimburse Landlord as additional rent for the cost of such removal and trade fixtures furnished by or restoration, with interest at the expense default interest rate, from the date such cost was incurred until repaid in full, within ten (10) days after receipt of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Terminvoice therefor. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed alterations to the Premises, the Building and/or the Office Complex made by either party shall become the property of Landlord and shall remain upon and be surrendered with the Premises at the end expiration or earlier termination of the Term, ; provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to if Tenant is not in default under this Lease, then Tenant shall remove, prior to upon the expiration or earlier termination of the Term, at all movable furniture, furnishings, trade fixtures and other personal property of Tenant and Tenant’s expenseagents located in the Premises, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or and (b) pay Tenant shall remove all alterations as well as any extraordinary items of the Tenant’s work in the Premises or the Building (including, without limitation, any wiring and cabling located in risers outside the Premises) which Landlord designates in writing for removal prior to the reasonable cost Expiration Date or any such earlier date of removal of such Specialty Alterations or Specialty Work Itemstermination. Notwithstanding the foregoingprovisions of clause “(a)” above, in connection with any request by Tenant for at Landlord’s consent option, movable furniture, furnishings and trade fixtures shall be deemed to exclude any Alterations, Landlord agrees item the removal of which might cause damage to inform Tenant at the time of Landlord’s consent if Premises or the proposed Alterations are Specialty Alterations that may be required to Building or which would normally be removed upon from the expiration of the Term of this Lease in accordance Premises with the standards set forth in this Subsectionassistance of any tool or machinery other than a dolly. Tenant shall, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASEat its expense, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage and injury to the Premises or the Building caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore same to the Premises condition in which it existed prior to good order and condition, or (d) deem such property and Alterations to have been abandoned by installation. Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of ’s obligations under this Subsection H Section 12.2 shall survive the expiration Expiration Date or sooner earlier termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlordthis Lease.

Appears in 1 contract

Samples: Office Lease (Careadvantage Inc)

Removal of Alterations. (i) All movable property, furniture, furnishings Alterations and trade fixtures furnished by or at the expense of Tenant, other than those affixed to initial Tenant Improvements in the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and (whether installed or paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises), shall become the property of Landlord and shall remain upon and be surrendered with the Premises at the end of the Term, ; provided, however, that Landlord may electmay, at Landlord’s option, by written notice delivered to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent (if Tenant has requested such response in Tenant’s request for approval), or if Landlord’ consent was not obtained then within thirty (30) days after Landlord’s receipt of plans for any Alterations identify those Alterations which Landlord shall require Tenant to remove at the proposed Alterations are Specialty Alterations that may be required end of the Term. If Landlord requires Tenant to be removed upon remove any such Alterations, Tenant shall, at its sole cost, remove the identified items on or before the expiration of the Term or sooner termination of this Lease in accordance with and repair any damage to the standards set forth in this SubsectionPremises caused by such removal to its original condition. Notwithstanding anything to the contrary contained herein, provided that any notice requesting Landlordso long as Tenant’s written request for consent to such Alterations shall contain for a legend in capital letters proposed Alteration contains the following bold and bold type on the first page thereof which states capitalized statement “PURSUANT TO SUBSECTION H OF ARTICLE 4 13 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT IF LANDLORD CONSENTS TO THE PROPOSED ALTERATIONS DESCRIBED SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED ALTERATION TO BE REMOVED UPON AT THE EXPIRATION OR EARLIER TERMINATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTIONLEASE.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such gives its consent for any Alterations, if it so does, Tenant shall also be notified whether or not Landlord shall not be permitted to will require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive upon the expiration or sooner earlier termination of this Lease. If Tenant’s written notice strictly complies with the Term, whereupon any foregoing and all monetary obligations of if Landlord fails to so notify Tenant pursuant thereto whether Tenant shall be deemed damages recoverable by Landlordrequired to remove the subject alterations or improvements at the expiration or earlier termination of this Lease, it shall be assumed that Landlord shall require the removal of the subject alterations or improvements.

Appears in 1 contract

Samples: Commercial Lease (Gigamon LLC)

Removal of Alterations. (i) All movable propertyfixtures, furnitureequipment, furnishings alterations, ---------------------- additions, improvements and/or appurtenances attached to or built into the Premises prior to or during the Lease Term, whether by Landlord or Tenant and trade fixtures furnished by or whether at the expense of Landlord or Tenant, other than those affixed to or of both, shall be and remain part of the Premises so that they canand shall not be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the TermLease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, providedequipment, howeveralterations, that additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may elect, at Landlord’s option, to require Tenant to remove at the expiration of the Lease Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (ai) remove the alteration, addition, or improvement, repair all damage to removethe Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, prior to statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTIONLease.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Standard Office Lease (Pilot Network Services Inc)

Removal of Alterations. (i) All movable property, furniture, furnishings and trade fixtures furnished by On or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration Expiration Date or sooner termination of the Term, whereupon Subtenant shall, at Subtenant’s sole cost and expense, remove all Alterations, including Specialty Alterations but excluding Decorative Alterations, installed by Subtenant (unless Sublandlord has agreed in writing (pursuant to Section 21(a) hereof) to waive any requirement that any Alterations be removed and all monetary obligations Prime Landlord has agreed in writing to waive any requirement that any Specialty Alterations be removed). At Subtenant’s request, Sublandlord shall request confirmation from Prime Landlord (and Sublandlord shall also confirm if Sublandlord has received Prime Landlord’s response), what part of Tenant pursuant thereto Subtenant Work constitutes a Specialty Alteration which needs to be removed at the end of the Term. Subtenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Subtenant’s removal of any Alteration, Material Alteration or Specialty Alterations, as the case may be, and if Subtenant fails to do so, Subtenant shall reimburse Sublandlord, within fifteen (15) days of receipt of written demand from Sublandlord, for Sublandlord’s reasonable out-of-pocket cost of repairing and restoring such damage. Any such Specialty Alterations by Subtenant not removed on or before the Expiration Date or sooner termination of the Term shall be deemed damages recoverable by Landlordabandoned and Sublandlord may either retain the same as Sublandlord’s property or remove and dispose of same, and repair and restore any damage caused thereby, all at Subtenant’s cost. Notwithstanding anything to the contrary contained herein, Subtenant shall have no obligation to remove any Alterations or other improvements existing in the Premises on the Commencement Date.

Appears in 1 contract

Samples: Sublease (Axsome Therapeutics, Inc.)

Removal of Alterations. (i) All movable property, furniture, furnishings and trade fixtures furnished If Tenant fails to remove by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the TermLease all of its personal property, or any Alterations identified by Landlord for removal, Landlord may, at its option, treat such failure as a hold-overpursuant to Paragraph 11(b) of the Lease, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or Alterations as abandoned and, at Tenant’s 's sole cost and expense, any Specialty Alterations and in addition to Landlord's other rights and remedies under the Lease, at law or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord mayequity: (a) remove all and store such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), items; andlor (b) cause the same upon ten (10) days prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such liable for all costs of disposition of Tenant's abandoned property and Alterations to Landlord shall have been abandoned by Tenant, and retain and dispose of said items without any no liability to Tenant and without accounting with respect to Tenant for any such abandoned property. Landlord agrees to apply the proceeds thereofof any sale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in connection with the removal, storage and/or sale of such items), with any remainder to be paid to Tenant. Tenant shall reimburse Landlord for This Exhibit “D” defines the insurance requirements of your Lease in addition to all requirements included in Paragraph 8 of the expenses incurred by Lease. To assure compliance with these terms, we suggest you send a copy of this Exhibit “D” to your insurer or agent. Initial Certificates must be provided to Landlord in connection therewithprior to occupancy of the Premises, renewals thirty (30) days before expiration. 1. Tenant’s Comprehensive or Commercial General Liability Insurance: · $1,000,000 Combined Single Limit, each occurrence · $2,000,000 Aggregate (iiiminimum) The provisions this location · $2,000,000 Products/Completed Operations Aggregate · Broad Form General Liability Endorsement coverages · Full comprehensive liability coverage of this Subsection H shall survive operations at leased premises. 2. Tenant's Property Insurance: · All Risks coverage of Property owned by Tenant or for which the Tenant is legally liable; replacement cost basis, covering no less than 100% of all values; · Vandalism and malicious mischief coverage to be included; and · Sprinkler leakage and earthquake sprinkler leakage endorsements to be included. · One-year business interruption due to insured peril. 3. Tenant's Workers' Compensation Insurance: · Statutory Limits and terms required by the State of Nevada, $1,000,000 Workers’ Compensation Limit 4. Tenant's Automobile Insurance (if applicable): · $1,000,000 Combined Limit per accident; covering all owned, non-owned, hired autos 5. All insurance is to be with licensed insurers having a Best's rating of "B+" or better, and must include the following: · Waiver of Subrogation in favor of Landlord; · Thirty (30) day pre-notice of cancellation renewal to Landlord; · Policy number and expiration or sooner termination date; · Bodily Injury, Property Damage, Personal Injury and Advertising Injury; · Blanket Contractual Liability - Covering Indemnity Paragraph 8.5; · Products and Completed Operations Liability; · Severability of the TermInterest, whereupon permitting cross liability among insureds; · Provision stating that Tenant's insurance is primary and non-contributory with any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable insurance carried by Landlord.; and · The Certificate Holders and Additional Insured(s) shall be:

Appears in 1 contract

Samples: Standard Industrial/Commercial Lease Net (Fortunet, Inc.)

Removal of Alterations. Landlord shall not require Tenant to remove any Alteration that exists in the Premises as of the Scheduled Term Commencement Date. The initial Tenant Improvements, including, without limitation, all affixed sinks, dishwashers, microwave ovens and other fixtures and all Alterations made by Tenant (i) All movable property, furniture, furnishings and but excluding Tenant's trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, personal property) shall remain become the property of Landlord immediately upon installation within the Premises and shall remain on and be surrendered with the Premises upon expiration or termination of the Term, except that Landlord reserves the right to require that Tenant remove all Non-Standard Alterations upon the expiration or termination of the Term; it being understood and agreed, however, that any moveable personal property and equipment brought into the Premises by or on behalf of Tenant following the completion of the Tenant Improvements (which is not affixed to or installed within the Premises) shall be and remain Tenant's personal property. Notwithstanding the foregoing, Landlord shall notify Tenant at the time of the approval of Tenant's plans and specifications of those Non-Standard Alterations which Tenant may be removed by Tenant from time required to time remove in accordance with the terms of this Section prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and Term or the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the Termthis Lease and Tenant shall, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease or upon such termination, unless instructed otherwise by Landlord, be required to remove only such Non-Standard Alterations specified in accordance Landlord's notice. If Landlord requires Tenant to remove any Non-Standard Alterations, Tenant, at its cost, shall repair and restore in a good and workmanlike manner any damage caused to the Premises, the Building or the Facility resulting in connection with the standards set forth in this Subsection, provided that removal of any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such its Non-Standard Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any trade fixtures and/or personal property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises Premises, the Building or the Facility, as applicable, to good order and the condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed were in storage, (c) repair any damage caused by said removal and restore when the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned were received by Tenant, ordinary wear and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewithtear excepted. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Aames Financial Corp/De)

Removal of Alterations. (i) All movable propertySublessor and Sublessee hereby agree that in the event that Owner requires the removal of any alterations, furniture, furnishings improvements or installations made by Sublessee and trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration restoration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered Demised Premises in accordance with the terms of the Master Lease or the Sublease, Sublessee shall remove such alterations, improvements or installations and so restore the Demised Premises at the end of the Term, its sole cost and expense; provided, however, that Landlord may electin the event that the Term of this Lease shall not be extended for the Extension Period, at Landlord’s optionthen Sublessee shall have the right to give notice to Sublessor within ten (10) days after the expiration of the initial Term of this Sub-Sublease offering Sublessor the option to elect for Sublessee to not make such removal or restoration. Within seven (7) days after receipt of such notice, Sublessor shall give notice to require Tenant Sublessee electing either to (a) require Sublessee to removeundertake such removal and restoration (assuming same has been required by Owner), prior in which case Sublessee shall be given an additional period of fourteen (14) days from receipt of such notice to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto)complete such work, or (b) pay Landlord for the reasonable cost of removal of permit such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoingalterations, improvements and installations to remain, in connection with any request by Tenant for Landlord’s consent which case Sublessee shall be relieved of all responsibility to any Alterationsremove such alterations, Landlord agrees improvement and installations and to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall so restore the Premises Demised Premises, which responsibility shall thereafter be assumed by Sublessor. In the event that Sublessor shall fail to good order and condition at Tenant’s expense. Upon Tenant’s failure make such election by notice given to remove any such property or AlterationsSublessee within said seven (7) day period, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto Sublessor shall be deemed damages recoverable by Landlordto have elected to permit such alterations, improvements and installations to remain and to have assumed all responsibility for such removal and restoration.

Appears in 1 contract

Samples: Sublease (Silverstream Software Inc)

Removal of Alterations. (ia) All movable propertyUpon written request by Tenant therefor, furnituresuch request to be made within six months of the Effective Date, furnishings Landlord shall notify Tenant as to which of the tenant improvements specifically identified in such request and trade fixtures furnished installed by or at Tenant after the expense original build-out of Tenant, the Premises (other than those affixed such improvements identified on Exhibit "M" to the Lease), Landlord shall require Tenant to remove following the termination of the Lease. (b) From and after the Effective Date, as and when Tenant requests the right to make alterations to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for (the "Requested Alterations"), Landlord shall identify, within ten (10) business days after the receipt by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant's request and plans describing such Requested Alterations (collectively an "Alteration Request"), and may be removed by Tenant from time to time prior to the expiration which of the Term. All Requested Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon at the expiration termination of the Term of this Lease in accordance with the standards set forth in this SubsectionLease, provided that any notice requesting Tenant's request specifically requests Landlord to so identify which of the Requested Alterations Landlord desires to have removed at the termination of the Lease. In the event that Landlord fails to respond, within ten (10) business days after the receipt by Landlord of an Alteration Request, Tenant shall notify Landlord in writing of Landlord’s consent 's failure to such Alterations shall contain a legend in capital letters so respond (the "Second Notice") and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails thereafter to designate Alterations as Specialty Alterations at respond within five (5) business days after receiving the time Landlord approves such AlterationsSecond Notice, Landlord shall not be permitted deemed to require that such Alterations be removed prior have waived its right to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused Requested Alterations. It is expressly agreed that a request by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto additional information shall be deemed damages recoverable by Landlorda "response" for purposes of this Section 4.

Appears in 1 contract

Samples: Lease Amendment (Tegal Corp /De/)

Removal of Alterations. (i) All movable property, furniture, furnishings Alterations and trade fixtures furnished by or at the expense of Tenant, other than those affixed to initial Tenant Improvements in the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and (whether installed or paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises), shall become the property of Landlord and shall remain upon and be surrendered with the Premises at the end of the Term, except that trade fixtures shall remain the property of Tenant at all times; provided, however, that Landlord may electshall, at by written notice delivered to Tenant concurrently with Landlord’s option, to approval of plans for any Alterations identify those Alterations which Landlord shall require Tenant to remove at the end of the Term; provided, further, however, the initial Tenant Improvements shall not be required to be removed at the end of the Term, except that Tenant shall remove all Tenant’s equipment and machinery including but not limited to piping, fume hoods, and any other Tenant equipment and machinery added during the Lease Term that pertains to Tenant’s business including any and all equipment located outside of the Premises (aexcept as set forth below) including the HVAC condenser farm set forth in Exhibit “H” herein, air compressor, and all conditions associated with that equipment including any piping and wiring and concrete pads. Tenant will be responsible to removerestore any holes and damage to the Building and outside areas caused by the use and/or removal of any of such Tenant’s equipment to Landlord’s commercially reasonable satisfaction. If Landlord fails to indicate whether removal shall be required at the time of its approval of the Alterations, prior Tenant shall not be required to remove such Alterations at the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Lease. If Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by requires Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property Alterations concurrently with Landlord’s approval thereof, Tenant shall, at its sole cost, remove the identified items on or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive before the expiration or sooner termination of this Lease and repair any damage to the TermPremises caused by such removal to its original condition (or, whereupon at Landlord’s option, Tenant shall pay to Landlord all of Landlord’s costs of such removal and repair). Any removal by Tenant shall be completed within ten (10) business days following the end of the Term or any and all monetary obligations early termination as set forth in the Lease. Notwithstanding the foregoing, Tenant shall not be required to remove at the end of the Term or any early termination as set forth in the Lease (i) any generator or generator pad installed by Tenant pursuant thereto shall be deemed damages recoverable by Landlordto the terms set forth in this Lease, or (ii) any HVAC units installed on the roof pursuant to the terms set forth in this Lease.

Appears in 1 contract

Samples: Office Lease (Inphi Corp)

Removal of Alterations. Landlord may require Tenant to remove ---------------------- Alterations (iwhether or not made with Landlord's consent) All movable property, furniture, furnishings and trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to upon the expiration of the Term. All Lease and to repair any damage caused by such removal, all at Tenant's expense, but only if the Alterations made by Tenantwhich Landlord directs to be removed are Special Purpose Alterations (as hereinafter defined) and, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed with respect to the PremisesAlterations for which Tenant submits final plans to Landlord for approval, only if at the time Landlord approves the final plans for such Alterations Landlord notifies Tenant in writing that Landlord will require Tenant to remove some or all of the Special Purpose Alterations disclosed by such plans (Landlord shall become the property designate in such notice which items are Special Purpose Alterations and which of Landlord and shall those are to be surrendered with the Premises removed) at the end of the TermTerm and Tenant's vacation of the Premises. As used herein, "Special Purpose Alterations" shall mean Alterations which are specific to Tenant's particular use of, or activities at, the Premises (e.g., vaults, tanks, special equipment pads) as opposed to items commonly found ---- in occupied single-tenant facilities (e.g., offices, conference rooms, ---- laboratory rooms, computer rooms, restrooms and other rooms, sprinkler systems, HVAC systems, and other occupancy improvements generally included in comparable buildings or required by standard building codes for the occupancy in question); provided, however, that none of the improvements existing at the Premises on the date of this Lease first written above shall be deemed Special Purpose Alterations. Tenant shall have the right to accept any designation by Landlord of Alterations as "Special Purpose Alterations" under protest by notifying Landlord of such acceptance under protest within ten (10) days of Landlord's designation. In such event, either Landlord or Tenant may electsubmit to arbitration under the rules of the American Arbitration Association ("Arbitration") the issue of whether Landlord's designation was proper. If Tenant does not object to Landlord's designation within such ten (10) day period, at Landlord’s option, 's designation shall be deemed approved. All Alterations which Tenant is not required to require Tenant (a) remove by the provisions hereof shall become Landlord's property and shall be surrendered to remove, prior to Landlord upon the expiration or earlier termination of the TermLease except for any Alterations which Tenant is permitted (and elects) to remove by the provisions hereof. In no event, at Tenant’s expensehowever, shall Tenant remove any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with following materials or equipment (which shall be deemed Landlord's property) without Landlord's prior written consent: any power wiring or power panels; inset or recessed lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment which are not portable; electrical, plumbing or sanitary equipment; or fencing or security gates; fire and life safety sprinkler systems; or ceiling tiles; provided, however, that the standards set forth in this Subsectionforegoing list shall not include (and Tenant may, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord but shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where required to, remove, provided Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair repairs any damage caused by said removal such removal) any of its demountable wall panels and restore the Premises to good order and condition, any materials or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to equipment that Tenant and without accounting to Tenant has installed specifically for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord use in connection therewithwith Tenant's business processes (such as intercom systems, security systems, computer equipment, computer wiring and/or computer flooring, table or floor lamps, racking, microwave ovens, refrigerators, stand-alone heaters or fans, laboratory equipment, telephone switching equipment and electrical devices and the like). (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Calcomp Technology Inc)

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Removal of Alterations. (i) All movable property, furniture, furnishings and trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the TermLease, whereupon Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence remove (A) any Alterations whose installation altered or interfered with the ceiling grid (i.e., any partitions constructed that are not below the ceiling grid) unless specifically approved by Landlord and all monetary identified as not required to be removed in writing in advance of its installation, (B) any Alterations designated by Landlord to be removed (as provided below), (C) any Alterations (other than Permitted Alterations which are commonly considered typical for generic “market ready” improvements commonly constructed by landlords of Class ”A” office buildings) as to which Tenant does not make a Request for Advice Regarding Removal (defined below), and (D) any Alterations which Landlord designates for removal in response to a Request for Advice Regarding Removal from Tenant, and restore the Premises to its original condition as of the date of the making of the Alterations in question, subject in both cases to Normal Wear and Tear (defined below) and the rights and obligations of Tenant concerning casualty damage pursuant thereto to Section 22. Notwithstanding the foregoing, at the time Tenant requests approval for any proposed Alteration or provides written notice of any Permitted Alteration that would alter or interfere with the ceiling grid or which are not commonly considered typical for generic “market ready” improvements commonly constructed by landlords of Class ”A” office buildings, Tenant may include in such request for approval or written notice a request that Landlord advise Tenant whether Landlord shall require the removal of such proposed Alteration (or any portion thereof) and/or restoration as set forth in this Section 6 (a “Request for Advice Regarding Removal”). If Tenant’s request for approval of any Alterations or notice of its intent to make Permitted Alterations contains a Request for Advice Regarding Removal, then as a part of any approval or conditional approval of Alterations by Landlord or, in the case of any Permitted Alterations, within five (5) Business Days after Landlord’s receipt of Tenant’s written notice of its intent to make such Permitted Alterations, Landlord shall advise Tenant in writing as to which portions, if any, of such Alteration Landlord shall require to be removed and restored as set forth in this Section 6. If Landlord fails to so notify Tenant within the applicable period, Landlord shall be deemed damages recoverable by Landlordto have advised Tenant that such Alteration shall not be required to be removed and restored at the end of the Term.

Appears in 1 contract

Samples: Sublease Agreement (PubMatic, Inc.)

Removal of Alterations. (ia) The first and second sentences of Section 13.3 of the Lease are hereby deleted in their entireties and replaced with the following language: “All movable property, furniture, furnishings and trade fixtures furnished by or at any part of the expense of Tenant, Alterations (other than those affixed to any Permitted Alterations) made without the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowanceconsent of Landlord, shall remain the property of Tenantshall, and may at Landlord’s option, either be removed by Tenant from time to time prior to at its expense before the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries Term or shall remain upon the Premises and shall be surrendered therewith at the like, which are affixed to the Premises, shall become Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance, molestation or injury. All or any part of the Alterations made with the consent of Landlord, shall, at Landlord’s option exercised at the time of approval of such Alterations, either be removed by Tenant at its expense before the expiration of the Term or shall remain upon the Premises and shall be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance, molestation or injury. Notwithstanding anything contained in this Section 13.3 to the contrary, Tenant shall have the right to remove any and all removable Alterations which constitute trade fixtures and detachable furniture (including, without limitation, Tenant’s removable furniture, trade fixtures, removable audio/visual equipment, removable security and telecommunications systems or any emergency generators (including the related switching gear)) prior to the Expiration Date or within ten (10) business days following any earlier termination of this Lease and Tenant, at its sole expense, shall repair any damage to the Premises or the Building caused by such removal.” (b) The last sentence of Section 13.3 of the Lease is hereby deleted in its entirety and replaced with the following language: “If Tenant fails to remove any Alterations which Landlord has requested be removed and which Tenant is obligated hereunder to remove, then Landlord may (but shall not be obligated to) remove the same and the reasonable cost of such removal and repair of any damage to the Premises at caused by the end same shall be charged to and paid by Tenant upon demand.” (c) The last sentence of Section 13.4 of the TermLease is hereby deleted in its entirety and replaced with the following language: “Landlord hereby reserves the right, from time to time, to make Alterations to the Building, Common Area or Corporate Park, erect other buildings and structures in the Corporate Park, and erect such scaffolding and other aids to construction in or adjacent to and about the Building as Landlord reasonably deems appropriate; provided, however, that Landlord may electhereby covenants and agrees that it shall take commercially reasonable efforts to minimize any interference during business hours (including, at without limitation preserving reasonable access for Tenant to the Building and the Premises) with Tenant’s use and enjoyment of the Premises as a result of any such activities (whether conducted by or on behalf of Landlord or by other tenants with Landlord’s option, to require Tenant (a) to remove, prior permission). Notwithstanding anything contained in the Lease to the expiration contrary, in the event that such activities materially interfere with Tenant’s use and enjoyment of all or earlier termination any portion of the TermPremises for more than seven (7) consecutive business days, at Tenant’s expenseTenant shall be entitled to a pro rata (based on the portion of the Premises affected) abatement in Rent and all other amounts due hereunder until such interference ceases and Tenant is able to commence using such portion of the Premises.” (d) Landlord hereby acknowledges and agrees that as of the date hereof, Landlord has given any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s required consent to any Alterations, Landlord agrees Alterations to inform the Premises made by or on behalf of Tenant at the time of Landlord’s consent if the proposed provided that such Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease were made in accordance with the standards set forth in this Subsectionplans dated October 31, provided that any notice requesting Landlord’s consent to 2001, July 9, 2003 and July 14, 2003, approved by Landlord for such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practiceWork, and shall restore has not requested the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove removal of any such property Alteration heretofore made by or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by on behalf of Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Gene Logic Inc)

Removal of Alterations. (i) All movable propertyAlterations which, furniturefor purposes of this Lease, furnishings shall include without limitation any floor penetrations or cut outs, carpeting, drapes, wall covering, paneling, built-in cabinetry, telecommunications cabling, and trade permanently affixed fixtures furnished by of any kind which Tenant has made, installed, or at the expense of Tenant, other than those affixed attached in any manner in or to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowanceduring the Lease Term, shall remain the property upon termination of Tenant, and may be removed this Lease by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenanttime or otherwise, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered and delivered up with the Premises at the end of the Term, upon said termination; provided, however, that Landlord may elect, at Landlord’s sole option, to require Tenant (a) to shall, at its expense when surrendering the Premises remove, prior under the direction of Landlord, all such Alterations made or installed in the Premises by Tenant, including then-existing telecommunications cabling within the Premises, and Tenant shall restore and repair any change or damage to the Premises and/or Building occasioned by installation, maintenance, floor penetration, or removal of said Alterations and telecommunications cabling, and replace any improvements removed with then Building Standard improvements (including fixtures). Tenant shall have performed such restoration work within fifteen (15) days following the expiration or earlier termination of the Lease. Tenant shall be deemed holding over the Premises, and thereby subject to the provisions of Article 23.2, if Tenant fails to complete such restoration work by such time. If Tenant, during the Lease Term, at Tenant’s expenseremoves any such Alterations which Tenant has attached or installed during the Lease Term, any Specialty Alterations Tenant must replace the same with property of similar kind and quality. Any equipment or Specialty Work Items (personal property, other than additions, alterations, changes or improvements as defined in Schedule B attached hereto)herein, or (b) pay not required by Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed and not removed by Tenant from the Premises upon the expiration end of the Term of this Lease in accordance with the standards set forth in this Subsectionterm, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations conclusively presumed to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and title thereto shall thereby pass to Landlord without accounting payment or credit by Landlord to Tenant for the proceeds thereofTenant. Tenant shall reimburse Landlord for all shall, at the termination of this Lease by the expenses incurred by expiration of time or otherwise, surrender and deliver up the Premises and property to Landlord in connection therewithas good condition as when received by Tenant from Landlord, reasonable wear and tear excepted. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Rentech Inc /Co/)

Removal of Alterations. (i) TENANT'S PROPERTY. Section 6.4 is hereby restated to read as follows: "All movable propertyalterations, furnitureadditions and improvements in, furnishings and trade fixtures furnished by on or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for made or installed by Landlord or for which Tenant has received a credit or allowanceTenant, including carpeting, shall be and remain the property of TenantTenant during the Term but, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premisesexcept as set forth below, shall become the property of Landlord and shall be surrendered with the Premises at the end a part of the Term, provided, however, that realty and belong to Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability compensation to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive upon the expiration or sooner termination of the Term, whereupon at which time title shall pass to Landlord under this Lease as by a bill of sale, unless Landlord elects otherwise. Upon such election by Landlord, Tenant shall (on or before the termination of the Term) upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, provided that Landlord notified Tenant when it consented to such alterations, additions or improvements that Landlord may require their removal upon termination of this Lease, and provided further that during the first or second Option period of the Extended Term, the cost of such removal shall be split equally between the parties. Notwithstanding anything to the contrary above, Tenant shall not be required to remove such alterations, additions or improvements if this Lease is terminated by Landlord pursuant to Section 21.3 below. In connection with such removal, Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to their original condition, ordinary wear and tear and damage by fire or other casualty, condemnation, acts of God, or Landlord's failure to make required repairs excepted. Any trade fixtures, business equipment, inventory, signs, counters, movable partitions of less than full height from floor to ceiling, shelving, furniture and other removable personal property installed in or on the Premises by Tenant at its expense ('TENANT'S PROPERTY'), shall remain the property of Tenant. Xxxxxxxx agrees that Tenant shall have the right, at any time or from time to time, to remove any and all monetary obligations of Tenant's Property, provided Tenant pursuant thereto shall be deemed damages recoverable by Landlordrepairs any damage caused to the Premises from such removal".

Appears in 1 contract

Samples: Lease (Invitrogen Corp)

Removal of Alterations. (i) All movable property, furniture, furnishings and trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the TermLease, whereupon Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove (A) any Alterations whose installation altered or interfered with the ceiling grid (i.e. any partitions constructed that are not below the ceiling grid) unless specifically approved by Landlord and all monetary identified as not required to be removed in writing in advance of its installation, (B) any Alterations designated by Landlord to be removed (as provided below), (C) any Alterations (other than Permitted Alterations which are commonly considered typical for generic “market ready” improvements commonly constructed by landlords of Class “A” office buildings) as to which Tenant does not make a Request for Advice Regarding Removal (defined below), and (D) any Alterations which Landlord designates for removal in response to a Request for Advice Regarding Removal from Tenant, and restore the Premises to its original condition as of the date of the making of the Alterations in question, subject in both cases to Normal Wear and Tear (defined below) and the rights and obligations of Tenant concerning casualty damage pursuant thereto to Section 22, or (ii) pay Landlord one-half (1/2) of the reasonable estimated cost thereof. Notwithstanding the foregoing, at the time Tenant requests approval for any proposed Alteration or provides written notice of any Permitted Alteration that would alter or interfere with the ceiling grid or which are not commonly considered typical for generic “market ready” improvements commonly constructed by landlords of Class “A” office buildings, Tenant may include in such request for approval or written notice a request that Landlord advise Tenant whether Landlord shall require the removal of such proposed Alteration (or any portion thereof) and/or restoration (payment of one-half (1/2) of Landlord’s reasonable estimated cost of such removal and restoration) as set forth in this Section 6 (a “Request for Advice Regarding Removal”). If Tenant’s request for approval of any Alterations or notice of its intent to make Permitted Alterations contains a Request for Advice Regarding Removal, then as a part of any approval or conditional approval of Alterations by Landlord or, in the case of any Permitted Alterations, within five (5) Business Days after Landlord’s receipt of Tenant’s written notice of its intent to make such Permitted Alterations, Landlord shall advise Tenant in writing as to which portions, if any, of such Alteration Landlord shall require to be removed and restored (or payment of the reasonable estimated cost of removal and restoration thereof made) as set forth in this Section 6. If Landlord designates, in its response to a Request for Advice Regarding Removal for removal any Alterations which are not commonly considered typical for generic “market ready” improvements commonly constructed by landlords of Class “A” office buildings and at the time of such designation Tenant’s Cash and Equivalents (defined below) are below the Credit Standard (defined below), Landlord may condition its consent to such Alterations on Tenant increasing the amount of the Letter of Credit (defined below) by the amount reasonably estimated by Landlord as the cost of the required removal and restoration. If Landlord fails to so notify Tenant within the applicable period, Tenant may send Landlord a second written request, which written request shall state “LANDLORD’S FAILURE TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS SHALL ELIMINATE LANDLORD’S ABILITY TO REQUIRE THE REMOVAL OF CERTAIN ALTERATIONS TO THE PREMISES”, and if Landlord fails to respond to such notice within such five (5) Business Day period, Landlord shall be deemed damages recoverable to have advised Tenant that no portions of such Alteration shall be required to be removed and restored at the end of the Term. Notwithstanding anything in this Lease to the contrary, Tenant shall have the right to remove any Alterations made by, in or to the Premises, provided that (i) Tenant repairs any damage caused by Landlordthe removal and restores the Premises to the condition prior to the installation of such Alterations, and (ii) Tenant may not remove only a portion of an Alteration if such removal would result in the remainder of the Alteration being rendered unusable unless material modifications, additions or alterations are made thereto.

Appears in 1 contract

Samples: Lease Agreement (Synopsys Inc)

Removal of Alterations. Except as otherwise expressly provided pursuant to Section 9.2 above, if any Alterations are made without the prior written consent of Landlord, then, after the expiration of any notice and cure period applicable pursuant to Section 17.1(b), Landlord shall have the right, in addition to all other remedies, at Tenants expense to remove and correct such Alterations and restore the Premises to its condition immediately prior thereto, or to require Tenant to do the same. All Alterations to the Premises during the Lease Term shall be the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of the Lease Term; provided, however, that (ia) All if there exists no Event of Default under this Lease, then Tenant shall have the right to remove, prior to the expiration or earlier termination of the Lease Term, all movable property, furniture, furnishings and trade fixtures furnished by or equipment installed in the Premises solely at the expense of Tenant, and (b) Tenant shall remove all Alterations and other than those affixed items in the Premises that Landlord designates in writing for removal. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to claim, during the Lease Term, all federal and state income tax benefits associated with Alterations to the Premises so performed at Tenant's sole cost and expense during the Lease Term, if and to the extent permitted under applicable Laws; provided, however, that they cannot be removed without in no event shall Landlord have any liability to Tenant whatsoever in connection with any inability by Tenant to obtain any such benefits. Landlord shall have the right at Tenant's expense to repair all damage and other than those replacing an item theretofore furnished injury to the Premises caused by any removal of such furniture, furnishings, equipment and paid for by Alterations or to require Tenant to do the same; provided, however, that Landlord or for which Tenant has received a credit or allowanceshall not perform any such repair until after notice and the expiration of the applicable cure period pursuant to Section 17.1(b), shall remain if and to the property of Tenant, and may be removed by Tenant from time to time extent that such cure period occurs prior to the expiration or earlier termination of the Lease Term. All Alterations made If such furniture, furnishings and equipment are not removed by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed Tenant prior to the Premisesexpiration or earlier termination of the Lease Term, the same shall at Landlord's option become the property of Landlord and shall be surrendered with the Premises at the end of the Term, as a part thereof; provided, however, that Landlord may electshall have the right at Tenant's expense to remove from the Premises such furniture, at Landlord’s option, furnishings and equipment and any Alteration which Landlord designates in writing for removal or to require Tenant (a) to remove, prior to do the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Itemssame. Notwithstanding the foregoing, in connection with any request by If Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore return the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or AlterationsLandlord as required by this Section, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. then Tenant shall reimburse Landlord for pay to Landlord, as additional rent, all of the expenses costs incurred by Landlord in connection therewitheffecting such return. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Lithia Motors Inc)

Removal of Alterations. The Tenant Improvements, including, without limitation, all affixed sinks, dishwashers, microwave ovens and other fixtures and all Alterations made by Tenant (i) All movable property, furniture, furnishings and but excluding Tenant's trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, personal property) shall remain become the property of Landlord immediately upon installation within the Premises and shall remain on and be surrendered with the Premises upon expiration or termination of the Term, except that Landlord reserves the right to require that Tenant remove all Alterations upon the expiration or termination of the Term. Notwithstanding the foregoing, Tenant, at the time of its initial submission of plans and specifications to Landlord for its review and approval, may request in writing that Landlord waive its right to compel Tenant to remove the Alterations identified on such plans and specifications. If Landlord waives such right to compel Tenant to remove such Alterations, in whole or in part, Landlord shall notify Tenant at the time of the approval of such plans and specifications of those Alterations which Tenant may be removed by Tenant from time required to time remove in accordance with the terms of this Section prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and Term or upon the like, which are affixed to the Premises, shall become the property occurrence of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier a termination of the Termthis Lease and Tenant shall, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease or upon such termination, unless instructed otherwise by Landlord, be required to remove only such Alterations specified in accordance Landlord's notice. If Landlord requires Tenant to remove any Alterations, Tenant, at its cost, shall repair and restore in a good and workmanlike manner any damage caused to the Premises, the Building or the Facility resulting in connection with the standards set forth in this Subsection, provided that removal of any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such its Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any trade fixtures and/or personal property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises Premises, the Building or the Facility, as applicable, to good order and the condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed were in storage, (c) repair any damage caused by said removal and restore when the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned were received by Tenant, ordinary wear and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewithtear excepted. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Preferred Credit Corp)

Removal of Alterations. (i) All movable property, furniture, furnishings and trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may shall be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto)Alterations, or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work ItemsAlterations. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE NOTICE, YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, ALTERATIONS THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Term, whereupon any and all monetary obligations of Tenant pursuant thereto shall be deemed damages recoverable by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Relmada Therapeutics, Inc.)

Removal of Alterations. (i) All movable property, furniture, furnishings and trade fixtures furnished by or at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, and may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior to the expiration or earlier termination of the Term, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwise, Tenant shall immediately repair all damage caused by said removal, cap all electrical, plumbing and waste disposal lines in accordance with sound construction practice, and shall restore the Premises to good order and condition at Tenant’s expense. Upon Tenant’s failure to remove any such property or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereof. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of this Subsection H shall survive the expiration or sooner termination of the Lease Term, whereupon Tenant shall, at Tenant's expense, diligently remove all Alterations made by Tenantlafter the Commencement Date and designated by Landlord or agreed to by Tenant, as the case may ~e, to be removed at the time of Landlord's approval or Tenant's request for approval or notice thereof (as well as removing the special HVAC equipment otherwise required pursuant to Exhibitl C to be removed from the Premises upon surrender thereof by Tenant); and if Landlord does nbt notify Tenant at the time of its approval of a proposed Alteration that such Alteration must be removed upon expiration of the Term as a condition of Landlord's approval, then such Alteration khall not be required to be removed, but rather, shall be surrendered with the Premises. Other than thb special HVAC equipment which is otherwise required to be removed from the Premises by Tenknt upon Tenant's surrender thereof, if any, Landlord hereby confirms that no other leasehold impr+ements initially constructed as part of Landlord 's Work pursuant to Exhibit C of this Lease shall be ["equired to be removed by Tenant from the Premises upon surrender thereof. Tenant shall repair an~ damage to the Premises caused by such removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to such Alteration, except for normal wear and tear. Tenant shall remove all of its movable property and trade fixtures at the expiration or earlier termination of this Lease, and shall pay to Landlord the cost of repairing any and all monetary obligations damage to the Premises or Building resulting from such removal. In no event shall Tenant remove any pprtion of Landlord' s Work except in connection with a permitted Alteration hereunder. All items of Tenant pursuant thereto 's movable property, trade fixtures and personal property that are not removed from the preFises or the Building by Tenant at the termination of this Lease (or at any time when Landlord is executing upon a court order for eviction and/or reentry due to a Tenant default) shall be deemed damages recoverable by abrndoned and become the exclusive property of Landlord., without further notice to or demand upon Tenant. Tenant's obligations under these Sections 15.2 and 15.3 shall survive the expiration or tednmation of this Lease. I 15.4

Appears in 1 contract

Samples: Lease Agreement (OMNICELL, Inc)

Removal of Alterations. (i) All movable property, furniture, furnishings and trade fixtures furnished by At the expiration or at the expense earlier termination of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenantthis Sublease, and may be removed by Tenant from time to time prior to without limitation of Subtenant’s other surrender obligations below, Subtenant shall remove all Alterations then in the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Subleased Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, provided, however, that Landlord may elect, at Landlord’s option, to require Tenant : (a) if such Alterations existed in the Subleased Premises as of the Effective Date, to remove, prior the extent that Master Landlord notified Subtenant that such Alterations would be required to be removed at the expiration or earlier termination of the TermLease Term or Master Landlord preserved its right to require removal and/or restoration of such Alterations in accordance with Section 8.3 of the Master Lease, at Tenant’s expensethe presumption being, any Specialty Alterations as between Sublandlord and Subtenant, that, absent Master Landlord delivering written evidence to the contrary, no removal is required or Specialty Work Items (as defined in Schedule B attached hereto)Master Landlord did not reserve the right to so require, or except that Sublandlord and Subtenant hereby acknowledge there is a removal requirement for the generator pad previously constructed by Subtenant, and (b) pay if such Alterations are constructed by Subtenant after the Effective Date, to the extent that Master Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoingand/or Sublandlord notify Subtenant in writing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s Subtenant specifically requests consent if the proposed to such Alterations, that such Alterations are Specialty Alterations that may will be required to be removed upon at the expiration or earlier termination of the Sublease Term of this Lease in accordance with Section 8.3 of the standards set forth in this SubsectionMaster Lease, provided further that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided it is hereby acknowledged that Tenant complies with the notice requirements of this Subsection H(i), if Master Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted may preserve its right to require that removal and/or restoration of such Alterations be removed prior to the expiration of the Term. (ii) In any case where Tenant removes any property or Alterations in accordance with Subsection H(i) or otherwiseSection 8.3 of the Master Lease, Tenant shall immediately and, in each case, repair all damage caused resulting from such removal. Subtenant shall indemnify Sublandlord and Master Landlord from and against any costs, fees or liabilities incurred by said removalSublandlord or Master Landlord (including, cap without limitation, under the Master Lease) by reason of any of Alterations made by Subtenant to the Subleased Premises, including, without limitation, all electrical, plumbing costs and waste disposal lines in accordance expenses incurred by Master Landlord or Sublandlord with sound construction practice, and shall restore the Premises respect to good order and condition at Tenant’s expense. Upon TenantSubtenant’s failure to remove any such property Alterations made by Subtenant in or Alterations, Landlord may: (a) remove all such property and Alterations which Landlord may require Tenant to remove pursuant to Subsection H(i), (b) cause the same to be placed in storage, (c) repair any damage caused by said removal and restore the Subleased Premises to good order and condition, or (d) deem such property and Alterations to have been abandoned by Tenant, and retain and dispose of said items without any liability to Tenant and without accounting to Tenant for the proceeds thereofas required under this Section 6. Tenant shall reimburse Landlord for all of the expenses incurred by Landlord in connection therewith. (iii) The provisions of Subtenant's obligations under this Subsection H Section 6 shall survive the expiration or sooner termination of this Sublease. Except to the Termextent provided in Section 7(b) below or pursuant to the terms and conditions of the Master Lease, whereupon Subtenant shall not place, inscribe, paint or affix or otherwise display any sign, advertisement, picture, lettering or notice of any kind on any part of the Shared Space, Premises or exterior or interior common areas of the Building (including windows and all monetary obligations doors) or on any part of Tenant pursuant thereto shall the interior of Subleased Premises which can be deemed damages recoverable by Landlordseen from outside the Subleased Premises.

Appears in 1 contract

Samples: Sublease Agreement (Homology Medicines, Inc.)

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