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.
Appears in 1 contract
Samples: Agreement of Lease (Compass, 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 return the Premises to Landlord as Specialty Alterations at the time required by this Section, then Tenant shall pay to Landlord, as additional rent, all costs incurred by Landlord approves in effecting such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Termreturn.
Appears in 1 contract
Samples: Lease Agreement (Lithia Motors 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 Confidential Treatment Requested by Compass, Inc. Pursuant to 17 C.F.R. Section 200.83 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.
Appears in 1 contract
Samples: Lease (Urban Compass, Inc.)
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 or demand upon Tenant. Tenant's obligations under these Sections 15.2 and 15.3 shall not be permitted to require that such Alterations be removed prior to survive the expiration or termination of the Termthis Lease.
Appears in 1 contract
Samples: Lease (Net2000 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 Premises with the assistance of any tool or machinery other than a dolly. Tenant shall, at its expense, repair all damage and injury to the Term Premises or the Building caused by any removal and restore same to the condition in which it existed prior to such installation. Tenant’s obligations under this Section 12.2 shall survive the Expiration Date or earlier termination 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.
Appears in 1 contract
Samples: Office Lease (Careadvantage 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 Expiration Date or sooner termination of the Term. All Alterations made by Tenant, Subtenant shall, at Subtenant’s sole cost and expense, remove all Alterations, including all panelingSpecialty Alterations but excluding Decorative Alterations, decorationsinstalled by Subtenant (unless Sublandlord has agreed in writing (pursuant to Section 21(a) hereof) to waive any requirement that any Alterations be removed and Prime Landlord has agreed in writing to waive any requirement that any Specialty Alterations be removed). At Subtenant’s request, partitionsSublandlord shall request confirmation from Prime Landlord (and Sublandlord shall also confirm if Sublandlord has received Prime Landlord’s response), railings, mezzanine floors, galleries and the like, what part of Subtenant Work constitutes a Specialty Alteration which are affixed needs to the Premises, shall become the property of Landlord and shall be surrendered with the Premises removed at the end of the Term. Subtenant shall repair and restore, providedin a good and workmanlike manner, however, that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove, prior any damage to the expiration Premises or earlier 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 TermTerm shall be deemed abandoned 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 TenantSubtenant’s expensecost. Notwithstanding anything to the contrary contained herein, Subtenant shall have no obligation to remove any Specialty Alterations or Specialty Work Items (as defined other improvements existing 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 Premises 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 SUBSECTIONCommencement Date.” 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.
Appears in 1 contract
Samples: Axsome Therapeutics, Inc.
Removal of Alterations. Tenant shall ascertain from Landlord within thirty (i30) All movable propertydays before the end of the term of this Lease or within five (5) days after sooner termination, thereof, whether Landlord desires to have the Premises, or any part or parts thereof, restored to their condition as of the commencement of this Lease. Landlord may elect, by notice to Tenant to require Tenant to remove any alterations that Tenant has made to the Premises and to restore the Premises as hereafter provided. If Landlord so elects, Tenant shall, at its sole expense, upon expiration of the Lease term or within twenty (20) days after any sooner termination thereof, remove such alterations, repair any damage occasioned thereby, and restore the Premises to the condition existing as of the Commencement Date, subject to normal wear and tear. The obligations of Tenant set forth in this paragraph shall survive the termination of this Lease. Tenant's trade fixtures, furniture, furnishings equipment and trade fixtures furnished by or at the expense of Tenant, other than those affixed to personal property installed in the Premises so that they cannot shall at all times 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's property, and Tenant may be removed by Tenant remove any or all of such property from the Premises at any time and from time to time prior provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest whatsoever in any item of such property, and Landlord waives all such liens and interest. Within ten (10) days following Tenant's request from time to time, Landlord shall execute documents in form reasonably acceptable to Tenant to evidence Landlord's waiver of any right, title, lien or interest in any of such property and giving any lenders holding a security interest or lien on such property reasonable rights of access 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 Premises 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 remove 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 Subsectionproperty, 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 SUBSECTIONlenders repair all damage caused by such removal.” 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.
Appears in 1 contract
Samples: Adept Technology Inc
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 made or installed by Tenant, including carpeting, shall be and remain the property of Tenant during the Term but, except as set forth below, shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, 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 they canLandlord 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 removed without 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 than those replacing an item theretofore furnished and paid for removable personal property installed in or on the Premises by Landlord or for which Tenant has received a credit or allowanceat its expense ('TENANT'S PROPERTY'), shall remain the property of Tenant. Xxxxxxxx agrees that Tenant shall have the right, and may be removed by Tenant at any time or from time to time prior time, to remove any and all of Tenant's Property, provided Tenant repairs any damage caused 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 from 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 SUBSECTIONremoval".” 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.
Appears in 1 contract
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 end of the term, shall be conclusively presumed to have been abandoned by Tenant and title thereto shall thereby pass to Landlord without payment or credit by Landlord to Tenant. Tenant shall, at the termination of this Lease by the expiration of time or otherwise, surrender and deliver up the Term of this Lease Premises and property to Landlord in accordance with the standards set forth in this Subsectionas good condition as when received by Tenant from Landlord, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters reasonable wear 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 SUBSECTIONtear excepted.” 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.
Appears in 1 contract
Samples: Lease Agreement (Rentech Inc /Co/)
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.
Appears in 1 contract
Samples: Tw Telecom Inc.
Removal of Alterations. (i) All movable propertyUpon the expiration or sooner termination of the Lease Term, furnitureTenant shall, furnishings at Tenant's expense, diligently remove all Alterations made by Tenant after the Commencement Date 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 designated by Landlord or for which Tenant has received a credit or allowance, shall remain the property of agreed to by Tenant, and 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 from time pursuant to time 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 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 electDedicated HVAC Units, 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 Landlord's Work or Specialty Work ItemsBase Building Improvements except as otherwise expressly provided in this Lease. Notwithstanding All items of Tenant's movable property, trade fixtures and personal property (including, without limitation, the foregoing, in connection with any request Dedicated HVAC Units) 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 (or at any time when Landlord has the right of reentry due to a Tenant default) shall be deemed abandoned and become the exclusive property of Landlord, without further notice to or demand upon Tenant and may be removed by Landlord 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 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 expiration or termination 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 TermLease.
Appears in 1 contract
Samples: MCK Communications 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 upon the expiration or earlier termination of this Lease. If Tenant’s written notice strictly complies with the foregoing and if Landlord fails to so notify Tenant whether Tenant shall be required 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 Termsubject alterations or improvements.
Appears in 1 contract
Samples: Work Letter Agreement (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.
Appears in 1 contract
Removal of Alterations. Upon the expiration or sooner termination of the Lease, Tenant shall upon demand by Landlord, at Landlord’s election either (i) All movable propertyat Tenant’s sole cost and expense, furnitureforthwith 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 identified as not required to be removed in writing in advance of its installation, furnishings and trade fixtures furnished (B) any Alterations designated by or at the expense of TenantLandlord to be removed (as provided below), (C) any Alterations (other than those affixed Permitted Alterations which are commonly considered typical for generic “market ready” improvements commonly constructed by landlords of Class “A” office buildings) as 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 does not make a credit or allowanceRequest for Advice Regarding Removal (defined below), shall remain the property of 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 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 by Tenant from time to time prior to the expiration and restored (or payment of the Termreasonable estimated cost of removal and restoration thereof made) as set forth in this Section 6. All If Landlord designates, in its response to a Request for Advice Regarding Removal for removal any Alterations made 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), including all panelingLandlord 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, decorations, partitions, railings, mezzanine floors, galleries and the likeTenant may send Landlord a second written request, which are affixed 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 the Premisesrespond to such notice within such five (5) Business Day period, shall become the property of Landlord and shall be surrendered with the Premises deemed 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, providedTenant shall have the right to remove any Alterations made by, howeverin or to the Premises, provided that Landlord may elect, at Landlord’s option, (i) Tenant repairs any damage caused by the removal and restores the Premises to require Tenant (a) to remove, the condition prior to the expiration or earlier termination installation 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 and (ii) Tenant may not be permitted to require that remove only a portion of an Alteration if such Alterations be removed prior to removal would result in the expiration remainder of the TermAlteration being rendered unusable unless material modifications, additions or alterations are made thereto.
Appears in 1 contract
Samples: Lease Agreement (Synopsys 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 Upon the expiration or earlier ---------------------- termination of this Lease, Tenant shall remove from the TermLeased Premises all movable trade fixtures and other movable personal property, and shall promptly repair any damage to the Leased Premises and/or the Building caused by such removal. All such removal and repair shall be entirely at Tenant’s 's sole cost and expense, . At any Specialty Alterations or Specialty Work Items time within fifteen (as defined in Schedule B attached hereto), or (b15) pay Landlord for days prior to 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 scheduled expiration of the Lease Term or immediately upon any termination of this Lease Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, improvements, trade fixtures, equipment, shelving, cabinet units or movable furniture (and other personal property) designated by Landlord to be removed. In such event Tenant shall, in accordance with the standards set forth provisions of Article 7.2 above and Article 10 below, complete such removal ----------- ---------- (including the repair of any damage caused thereby) entirely at its own expense and with in this Subsection, provided that any fifteen (15) days after notice requesting from Landlord’s consent . All repairs required of tenant pursuant 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 provisions of this Subsection H(i)Article 7.5 and Article 10 below ----------- ---------- shall be performed in a manner satisfactory to Landlord, if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterationsand shall include, Landlord shall but not be permitted to require that such Alterations limited to, repairing plumbing, electrical wiring and holes in walls, restoring damaged floor and/or ceiling tiles, repairing any other cosmetic damage, and cleaning the Leased Premises. There shall be removed prior to no cost for removal of Tenant Improvements for the expiration initial installation (existing conditions upon Tenant's occupancy). Landlord has a review right on any alterations during the term of the Termlease and therefore will at that time have the opportunity to specify that the alteration need to be removed.
Appears in 1 contract
Removal of Alterations. Upon the expiration or sooner termination of the Lease, Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence remove (iA) All movable propertyany Alterations whose installation altered or interfered with the ceiling grid (i.e., furnitureany partitions constructed that are not below the ceiling grid) unless specifically approved by Landlord and identified as not required to be removed in writing in advance of its installation, furnishings and trade fixtures furnished (B) any Alterations designated by or at the expense of TenantLandlord to be removed (as provided below), (C) any Alterations (other than those affixed Permitted Alterations which are commonly considered typical for generic “market ready” improvements commonly constructed by landlords of Class ”A” office buildings) as 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 does not make a credit or allowanceRequest for Advice Regarding Removal (defined below), shall remain the property of 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 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 by and restored as set forth in this Section 6. If Landlord fails to so notify Tenant from time to time prior to within the expiration of the Term. All Alterations made by Tenantapplicable period, 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 deemed to have advised Tenant that such Alteration shall not be required to be removed and restored 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.
Appears in 1 contract
Samples: Sublease Agreement (PubMatic, 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 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.”
Appears in 1 contract
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 Upon the expiration or earlier termination of this Lease, Tenant shall remove from the TermLeased Premises all movable trade fixtures and other movable personal property, and shall promptly repair any damage to the Leased Premises, the Building and/or the Project caused by such removal. All such removal and repair shall be entirely at Tenant’s sole cost and expense, . At any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for time prior to 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 scheduled expiration of the Lease Term or within fifteen (15) days after any termination of this Lease Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, improvements, trade fixtures, equipment, shelving, cabinet units or movable furniture (and other personal property) designated by Landlord to be removed, including the staircase located within the Leased Premises. In such event, Tenant shall, in accordance with the standards set forth in this Subsectionprovisions of Article 7.2 above, provided that complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice requesting from 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 . Notwithstanding any provision of this Subsection H(i)Lease to the contrary, if Landlord fails Tenant shall have no obligation to designate Alterations remove the staircase within the Leased Premises as Specialty Alterations at of the time Landlord approves such Alterationsdate of this Lease All repairs required of tenant pursuant to the provisions of this Article 7.5 shall be performed in a manner satisfactory to Landlord, Landlord and shall include, but not be permitted to require that such Alterations be removed prior to limited to, repairing plumbing, electrical wiring and holes in walls, restoring damaged floor and/or ceiling tiles, repairing any other cosmetic damage, and cleaning the expiration of the TermLeased Premises.
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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 trade fixtures and/or personal property and shall not be permitted to require that such Alterations be removed prior restore the Premises, the Building or the Facility, as applicable, to the expiration of condition same were in when the TermPremises were received by Tenant, ordinary wear and tear excepted.
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Samples: Tenant Improvement Agreement (Preferred Credit Corp)
Removal of Alterations. (i) All movable propertyUpon the expiration or sooner termination of the Lease Term, furnitureTenant shall, furnishings at Tenant's expense, diligently remove all Alterations made by Tenantlafter the Commencement Date 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 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 which 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 has received at the time of its approval of a credit or allowanceproposed 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 remain be surrendered with the property 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 Tenant, and may Landlord 's Work pursuant to Exhibit C of this Lease shall be ["equired to be removed by Tenant from time the Premises upon surrender thereof. Tenant shall repair an~ damage to time the Premises caused by such removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to the expiration such Alteration, except for normal wear and tear. Tenant shall remove all of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries its movable property and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises trade fixtures 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 pprtion 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 preFises 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 (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 abrndoned and become the standards set forth in this Subsectionexclusive property of Landlord, provided that any without further notice requesting Landlord’s consent to such Alterations or demand upon Tenant. Tenant's obligations under these Sections 15.2 and 15.3 shall contain a legend in capital letters and bold type on survive 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 expiration or tednmation 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.Lease. I 15.4
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Samples: Lease (OMNICELL, Inc)
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 which case Sublessee shall be relieved of all responsibility to remove such alterations, improvement and installations and to so restore the Demised Premises, which responsibility shall thereafter be assumed by Tenant Sublessor. In the event that Sublessor shall fail to make such election by notice given to Sublessee within said seven (7) day period, Sublessor shall be deemed to have elected to permit such alterations, improvements and installations to remain and to have assumed all responsibility 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 removal 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 SUBSECTIONrestoration.” 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.
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Samples: Silverstream Software Inc