Common use of Removal of Alterations Clause in Contracts

Removal of Alterations. Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Leased Premises all movable trade fixtures and other movable personal property, and shall promptly repair any damage to the Leased Premises caused by such removal, 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 time prior to the scheduled expiration of the Lease Term or within fifteen (15) days after any termination of this Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such event, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will be required to remove such alterations. All repairs required of Tenant pursuant to the provisions of this Article 5.5 shall be performed in a manner satisfactory to Landlord, and shall include, but not be 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. Reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)

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Removal of Alterations. Upon At the time of making any Alteration, Tenant shall have the right to send Landlord a written notice requesting Landlord to indicate whether Landlord will require such Alteration to be removed upon the expiration or earlier termination of this Lease (an “Alteration Removal Request”), and if Landlord indicates in writing that it will not require removal of such Alteration, then Tenant shall not be required to remove such Alteration. If Landlord fails to respond to Tenant’s Alteration Removal Request within ten Business Days after Landlord’s receipt of such Alteration Removal Request, then Tenant shall have the right to send Landlord a second written Alteration Removal Request (a “Second Request”). If Tenant’s Second Request clearly states IN ALL CAPITAL LETTERS that Landlord’s failure to respond to such Second Request within five Business Days after Landlord’s receipt thereof shall be deemed Landlord’s agreement not to require removal of the Alteration upon the expiration or earlier termination of this Lease, Tenant shall remove from the Leased Premises all movable trade fixtures and other movable personal propertyif Landlord does not respond to such Second Request within such five Business Day period, and shall promptly repair any damage to the Leased Premises caused by such removal, the Building and/or the Project caused by such removal. All such removal and repair then Landlord shall be entirely at deemed to have agreed not to require removal of the Alteration described in Tenant’s sole cost and expense. At any time prior to the scheduled expiration of the Lease Term or within fifteen (15) days after any termination of this Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such event, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will be required to remove such alterations. All repairs required of Tenant pursuant to the provisions of this Article 5.5 shall be performed in a manner satisfactory to Landlord, and shall include, but not be 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. Reasonable wear and tear exceptedoriginal Alteration Removal Request.

Appears in 2 contracts

Samples: Lease (LendingClub Corp), Lease (LendingClub Corp)

Removal of Alterations. Upon the expiration or earlier termination of this Lease, Landlord shall notify Tenant shall remove from the Leased Premises all movable trade fixtures and other movable personal property, and shall promptly repair any damage to the Leased Premises caused by such removal, 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 time prior to the scheduled expiration of the Lease Term or within fifteen (15) days after any termination of this Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such event, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant writing at the time of Landlord’s approval of any Alterations, excluding any Minor Alterations, whether or not the proposed Alterations will be required to be removed by Tenant at the end of the Term. Provided Tenant has complied with the requirement below in this Subsection 4.11.3 to include in its approval request for consent a request that Landlord notify Tenant whether or not the proposed Alteration will be required to be removed by Tenant at the end of the Term, any Alterations that Landlord has not so designated in writing for removal at the time of Landlord’s approval, will be permitted to remain on the Premises in accordance with Section 4.8. Provided Tenant has complied with the requirement below in this Subsection 4.11.3 to include in its notice a request that Landlord notify Tenant whether or not the proposed Minor Alteration will be required to be removed by Tenant at the end of the Term, any Minor Alteration shall be permitted to remain on the Premises in accordance with Section 4.8 unless Landlord, within ten (10) days after receipt of notice from Tenant of its intent to undertake such Minor Alteration, furnishes notice to Tenant stating that Tenant shall be required to remove such alterationsMinor Alteration at the end of the Term. All repairs required of Tenant pursuant shall include in its request for consent to the provisions of this Article 5.5 shall be performed in a manner satisfactory to Landlordany Alteration, and in its notice of intent to undertake any Minor Alteration, a request that Landlord notify Tenant whether or not the proposed Alteration or Minor Alteration will be required to be removed by Tenant at the end of the Term. In no event shall include, but not Tenant be limited to, repairing plumbing, electrical wiring and holes in walls, restoring damaged floor and/or ceiling tiles, repairing required to remove any other cosmetic damage, and cleaning Alteration or Minor Alteration undertaken to eliminate or cure the Leased Premises. Reasonable wear and tear exceptedviolation of a Legal Requirement.

Appears in 2 contracts

Samples: Lease (Mercury Computer Systems Inc), Lease (Mercury Computer Systems Inc)

Removal of Alterations. Upon the expiration or sooner termination of the Lease Term, 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. bp, 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 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 at the expiration or earlier termination of this Lease, Tenant shall remove from the Leased Premises all movable trade fixtures and other movable personal property, and shall promptly repair pay to Landlord the cost of repairing any damage to the Leased Premises caused by such removal, the or Building and/or the Project caused by resulting from such removal. In no event shall Tenant remove any portion of Landlord’s Work except in connection with a permitted Alteration hereunder. All such removal and repair shall be entirely at items of Tenant’s sole cost movable property, trade fixtures and expense. At personal property that are not removed from the Premises or the Building by Tenant at the termination of this Lease (or at any time prior when Landlord has the right of reentry due to a Tenant default) Shall be deemed abandoned and become the scheduled 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 of the Lease Term or within fifteen (15) days after any termination of this Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such event, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will be required to remove such alterations. All repairs required of Tenant pursuant to the provisions of this Article 5.5 shall be performed in a manner satisfactory to Landlord, and shall include, but not be 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. Reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Wave2Wave Communications, Inc.)

Removal of Alterations. Upon All Alterations and the initial Tenant Improvements in the Premises (whether installed or paid for by Landlord or Tenant), 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, Landlord shall, by written notice delivered to Tenant concurrently with Landlord’s 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 (except 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 restore 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, Tenant shall not be required to remove such Alterations at the expiration or earlier termination of this the Lease. If Landlord requires Tenant to remove any such Alterations concurrently with Landlord’s approval thereof, Tenant shall shall, at its sole cost, remove from the Leased Premises all movable trade fixtures identified items on or before the expiration or sooner termination of this Lease and other movable personal property, and shall promptly repair any damage to the Leased Premises caused by such removalremoval to its original condition (or, the Building and/or the Project caused by such removal. All at Landlord’s option, Tenant shall pay to Landlord all of Landlord’s costs of such removal and repair repair). Any removal by Tenant shall be entirely at Tenant’s sole cost and expense. At any time prior to completed within ten (10) business days following the scheduled expiration end of the Lease Term or within fifteen (15) days after any early termination of this as set forth in the Lease, Landlord may require that Tenant remove from . Notwithstanding the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such eventforegoing, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will shall not be required to remove such alterations. All repairs required 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 to the provisions of terms set forth in this Article 5.5 shall be performed Lease, or (ii) any HVAC units installed on the roof pursuant to the terms set forth in a manner satisfactory to Landlord, and shall include, but not be 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. Reasonable wear and tear exceptedthis Lease.

Appears in 1 contract

Samples: Attornment Agreement (Inphi Corp)

Removal of Alterations. Upon At the time of making any Alteration, Tenant shall have the right to send Landlord a written notice requesting Landlord to indicate whether Landlord will require such Alteration to be removed upon the expiration or earlier termination of this Lease (an “Alteration Removal Request”), and if Landlord indicates in writing that it will not require removal of such Alteration, then Tenant shall not be required to remove such Alteration. If Landlord fails to respond to Tenant’s Alteration Removal Request within fifteen (15) days after Landlord’s receipt of such Alteration Removal Request, then Tenant shall have the right to send Landlord a second written Alteration Removal Request (a “Second Request”). If Tenant’s Second Request clearly states IN ALL CAPITAL LETTERS that Landlord’s failure to respond to such Second Request within seven (7) days after Landlord’s receipt thereof shall be deemed Landlord’s agreement not to require removal of the Alteration upon the expiration or earlier termination of this Lease, Tenant shall remove from the Leased Premises all movable trade fixtures and other movable personal propertyif Landlord does not respond to such Second Request within such 7 day period, and shall promptly repair any damage to the Leased Premises caused by such removal, the Building and/or the Project caused by such removal. All such removal and repair then Landlord shall be entirely at deemed to have agreed not to require removal of the Alteration described in Tenant’s sole cost and expense. At any time prior to the scheduled expiration of the Lease Term or within fifteen (15) days after any termination of this Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such event, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will be required to remove such alterations. All repairs required of Tenant pursuant to the provisions of this Article 5.5 shall be performed in a manner satisfactory to Landlord, and shall include, but not be 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. Reasonable wear and tear exceptedoriginal Alteration Removal Request.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (LendingClub Corp)

Removal of Alterations. Upon Landlord shall notify Tenant within ten (10) days after Landlord receives Landlord’s request for consent to Alterations or, if Tenant is not required to obtain Landlord’s consent to the Alteration, within ten (10) days after Tenant notifies Landlord in writing of its intent to make an Alteration, as to whether Tenant will be required to remove the proposed Alteration upon the termination of Tenant’s lease of that portion of the Premises in which the Alteration is to be constructed. If Landlord so notifies Tenant within said ten (10)-day period, then Tenant shall remove the proposed Alteration and repair or restore any damage caused by the installation and removal of such Alteration at the expiration or earlier termination of this LeaseTenant’s lease of that portion of the Premises in which the Alteration is constructed, Tenant shall remove from the Leased Premises all movable trade fixtures and other movable personal property, and shall promptly repair any damage to the Leased Premises caused by such removal, 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 time prior to the scheduled expiration of the Lease Term or within fifteen (15) days after any termination of this Lease; provided, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such eventhowever, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will shall only be required to remove such alterationsthose Alterations which are specified in Landlord’s notice. All repairs required Tenant shall fully and promptly repair all damage caused by the removal of Tenant pursuant to Alterations from the provisions of this Article 5.5 shall be performed in a manner satisfactory to Landlord, and shall include, but not be 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. Reasonable wear and tear exceptedIf Landlord fails, within the time period prescribed above, to notify Tenant in writing of Tenant’s obligation to remove any Alterations from the Premises at the expiration or earlier termination of the Lease term, then Tenant shall have no obligation to remove such Alterations.

Appears in 1 contract

Samples: Lease (Cutera Inc)

Removal of Alterations. Upon At the expiration or earlier termination of this LeaseSublease, Tenant and without limitation of Subtenant’s other surrender obligations below, Subtenant shall remove from all Alterations then in the Leased Subleased Premises: (a) if such Alterations existed in the Subleased Premises all movable trade fixtures and other movable personal propertyas of the Effective Date, and shall promptly repair any damage to the Leased Premises caused by extent that Master Landlord notified Subtenant that such removal, Alterations would be required to be removed at 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 time prior to the scheduled expiration or earlier termination of the Lease Term or within fifteen (15) days after any termination Master Landlord preserved its right to require removal and/or restoration of this such Alterations in accordance with Section 8.3 of the Master Lease, the presumption being, as between Sublandlord and Subtenant, that, absent Master Landlord may require delivering written evidence to the contrary, no removal is required or Master Landlord did not reserve the right to so require, except that Tenant remove from Sublandlord and Subtenant hereby acknowledge there is a removal requirement for the Leased Premises any alterationsgenerator pad previously constructed by Subtenant, additionsand (b) if such Alterations are constructed by Subtenant after the Effective Date, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such eventthat Master Landlord and/or Sublandlord notify Subtenant in writing, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant Subtenant specifically requests consent to such Alterations, that such Alterations will be required to be removed at the expiration or earlier termination of the Sublease Term in accordance with Section 8.3 of the Master Lease, provided further that it is hereby acknowledged that Master Landlord may preserve its right to require removal and/or restoration of such Alterations in accordance with Section 8.3 of the Master Lease, and, in each case, repair all damage resulting from such removal. Subtenant shall indemnify Sublandlord and Master Landlord from and against any costs, fees or liabilities incurred by Sublandlord or Master Landlord (including, without limitation, under the Master Lease) by reason of any of Alterations made by Subtenant to the Subleased Premises, including, without limitation, all costs and expenses incurred by Master Landlord or Sublandlord with respect to Subtenant’s failure to remove such alterationsany Alterations made by Subtenant in or to the Subleased Premises as required under this Section 6. All repairs required Subtenant's obligations under this Section 6 shall survive the termination of Tenant this Sublease. Except to the extent provided in Section 7(b) below or pursuant to the provisions terms and conditions of this Article 5.5 the Master Lease, 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 doors) or on any part of the interior of Subleased Premises which can be performed in a manner satisfactory to Landlord, and shall include, but not be limited to, repairing plumbing, electrical wiring and holes in walls, restoring damaged floor and/or ceiling tiles, repairing any other cosmetic damage, and cleaning seen from outside the Leased Subleased Premises. Reasonable wear and tear excepted.

Appears in 1 contract

Samples: Sublease Agreement (Homology Medicines, Inc.)

Removal of Alterations. Upon the expiration or earlier termination of this Lease, Landlord shall notify Tenant shall remove from the Leased Premises all movable trade fixtures and other movable personal property, and shall promptly repair any damage to the Leased Premises caused by such removal, 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 time prior to the scheduled expiration of the Lease Term or within fifteen ten (1510) days after Landlord receives the plans and specifications for any termination of this Leaseproposed Alteration or, Landlord may require that if Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but is not approved by the Landlord required to obtain Landlord's consent to the extent such approval is required hereunder. In such eventAlteration, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal within ten (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (1510) days after such notice from Landlord. In addition, Tenant notifies Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time in writing of its approval intent to make an Alteration, as to whether Tenant will be required to remove the proposed Alteration upon the termination of Tenant's lease of that portion of the Premises in which the Alteration is to be constructed. If Landlord so notifies Tenant within said ten (10)-day period, then Tenant shall remove the proposed Alteration and to repair or restore any damage caused by the installation and removal of such alterationsAlteration at the expiration or earlier termination of Tenant's lease of that portion of the Premises in which the Alteration is constructed, all at Tenant's sole cost and expense; provided, however, Tenant shall only be required to remove those Alterations which are specified in Landlord's notice. All repairs required Tenant shall fully and promptly repair all damage caused by the removal of Tenant pursuant to Alterations from the provisions of this Article 5.5 shall be performed in a manner satisfactory to Landlord, and shall include, but not be 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. Reasonable wear and tear exceptedIn no event shall Tenant be required to remove any of the initial Tenant Improvements, except where Landlord has given Tenant written notice that such Tenant Improvements, or portion thereof, must be removed in accordance with this Paragraph 7(d).

Appears in 1 contract

Samples: Lease (Intermune Pharmaceuticals Inc)

Removal of Alterations. Upon All Alterations and the initial Tenant Improvements in the Premises (whether installed or paid for by Landlord or Tenant), 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 concurrently with Xxxxxxxx’s consent to plans for any Alterations identify those Alterations which Landlord shall require Tenant to remove at the end of the Term. If Landlord requires Tenant to remove any such Alterations, Tenant shall, at its sole cost, remove the identified items on or before the expiration or earlier sooner termination of this Lease, Tenant shall remove from the Leased Premises all movable trade fixtures Lease and other movable personal property, and shall promptly repair any damage to the Leased Premises caused by such removalremoval to its original condition (or, the Building and/or the Project caused by if Tenant fails to so remove any such removal. All Alterations, Tenant shall pay to Landlord all of Landlord’s costs of such removal and repair shall be entirely at Tenant’s sole cost and expenserepair). At any time prior Notwithstanding anything to the scheduled expiration of the Lease Term or within fifteen (15) days after any termination of this Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such event, Tenant shallcontrary herein, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require no event shall Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will be required to remove such alterationsthe Tenant Improvements, or (2) any Alterations, other than Alterations that are Specialty Improvements. All repairs required of Tenant pursuant to “Specialty Improvements” means any Alterations other than normal and customary general office improvements. Notwithstanding the provisions of this Article 5.5 foregoing, “Specialty Improvements” (i) shall be performed not include conference rooms or training space and (ii) shall include (a) any Alterations which affect the Base Building, (b) any fitness facility in a manner satisfactory to Landlordthe Premises, and shall include, but not be 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. Reasonable wear and tear excepted.and

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

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Removal of Alterations. Upon Except as otherwise expressly provided pursuant to Section 9.1 above, if any Alterations are made without the prior written consent of Landlord, Landlord shall have the right, in addition to all other remedies, at Tenant’s 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 this Leasethe Lease Term; provided, however, that, at Landlord’s election, Tenant shall remove from the Leased Premises all movable trade fixtures Alterations and other movable personal propertyitems in the Premises if (i) such Alteration or item was not approved by Landlord hereunder, and or (ii) if at the time that Landlord approved of the Alteration or item, Landlord advised Tenant in writing that Landlord would require Tenant to remove the same at the expiration or other termination of this Lease. Upon the removal of any Alteration or items hereunder, Tenant shall promptly repair any damage to the Leased Premises caused by such removal. Notwithstanding anything to the contrary contained herein, Tenant shall have the Building and/or right to claim, during the Project caused by such removal. All such removal Lease Term, all federal and repair shall be entirely state income tax benefits associated with Alterations to the Premises performed at Tenant’s sole cost and expense. At any time prior to the scheduled expiration of expense during the Lease Term or within fifteen (15) days after any termination of this LeaseTerm, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord if and to the extent such approval is required hereunder. In such eventpermitted under applicable Laws; provided, however, that in no event shall Landlord have any liability to Tenant shall, whatsoever in accordance connection with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require inability by Tenant to remove upon the expiration of the Lease Term obtain any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will be required to remove such alterations. All repairs required of Tenant pursuant to the provisions of this Article 5.5 shall be performed in a manner satisfactory to Landlord, and shall include, but not be 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. Reasonable wear and tear exceptedbenefits.

Appears in 1 contract

Samples: Lease Agreement (Gladstone Commercial Corp)

Removal of Alterations. Upon All or any part of the Alterations (including, without limitation, wall-to-wall carpet and wiring), whether made with or without the consent of Landlord, shall, at the election of the Landlord, to be made at such time as Landlord determines in its sole discretion, either be removed by Tenant at its expense before, or if the election is made following a termination of the Lease, immediately following, the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this LeaseLease as the property off Landlord without disturbance, Tenant molestation or injury. If Landlord requires the removal of all or part of the Alterations, Tenant, at its expense, shall remove from the Leased Premises all movable trade fixtures and other movable personal property, and shall promptly repair any damage to the Leased Premises caused by such removal, or the Building and/or the Project caused by such removal. All If Tenant fails to remove Alterations that it is required to remove pursuant to Landlord's election, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal and repair shall be entirely at Tenant’s sole cost and expense. At any time prior to the scheduled expiration of the Lease Term or within fifteen (15) days after any termination of this Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such event, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense by the same, together with any and within fifteen (15) days after such notice from Landlord. In addition, all damages which Landlord may require suffer and sustain by reason of the failure of Tenant to remove upon the same, shall be charged to designate such items as it requests permission to remove at the expiration of the Lease Term any alterations approved Lease, which items Landlord shall approve or disapprove for such removal by Tenant in conjunction with an approval of the plan. All decisions required or permitted to be made by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at in this Section 13.3 shall be made in the time of its approval whether Tenant will be required to remove Landlord's reasonable discretion (which discretion may take into account such alterations. All repairs required of Tenant pursuant matters as the complexity, difficulty or damage to the provisions Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of this Article 5.5 any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the Landlord has reasonably decided shall be performed in a manner satisfactory to Landlord, and shall include, but not be 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. Reasonable wear and tear exceptedremoved.

Appears in 1 contract

Samples: Access National Corp

Removal of Alterations. Upon Landlord shall not require Tenant to remove any Alteration that exists in the expiration or earlier termination Premises as of this Leasethe 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 shall remove from the Leased Premises all movable (but excluding Tenant's trade fixtures and other movable personal property, ) shall become the property of Landlord immediately upon installation within the Premises and shall promptly repair any damage to remain on and be surrendered with the Leased Premises caused by such removal, 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 time prior to the scheduled upon expiration or termination of the Lease Term or within fifteen (15) days after any termination of this LeaseTerm, except that Landlord may reserves the right to require that Tenant remove from all Non-Standard Alterations upon the Leased expiration or termination of the Term; it being understood and agreed, however, that any moveable personal property and equipment brought into the Premises any alterationsby 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, additions, or improvements that were made but not approved by Landlord shall notify Tenant at the Landlord time of the approval of Tenant's plans and specifications of those Non-Standard Alterations which Tenant may be required to the extent such approval is required hereunder. In such event, Tenant shall, remove in accordance with the provisions terms of Article 5.2 abovethis Section prior to the expiration of the Term or the termination of this Lease and Tenant shall, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved or upon such termination, unless instructed otherwise by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will Landlord, be required to remove only such alterationsNon-Standard Alterations specified in Landlord's notice. All repairs required of If Landlord requires Tenant pursuant 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 provisions Premises, the Building or the Facility resulting in connection with the removal of this Article 5.5 shall be performed in a manner satisfactory to Landlordany of its Non-Standard Alterations, trade fixtures and/or personal property and shall includerestore the Premises, but not be limited tothe Building or the Facility, repairing plumbingas applicable, electrical wiring and holes to the condition same were in wallswhen the Premises were received by Tenant, restoring damaged floor and/or ceiling tiles, repairing any other cosmetic damage, and cleaning the Leased Premises. Reasonable ordinary wear and tear excepted.

Appears in 1 contract

Samples: E Tenant Improvement Agreement (Aames Financial Corp/De)

Removal of Alterations. Upon At the time of making any Alteration, Tenant shall have the right to send Landlord a written notice requesting Landlord to indicate whether Landlord will require such Alteration to be removed upon the expiration or earlier termination of this Lease (an “Alteration Removal Request”), and if Landlord indicates in writing that it will not required removal of such Alteration, then Tenant shall not be required to remove such Alteration. If Landlord fails to respond to Tenant’s Alteration Removal Request within fifteen (15) days after Landlord’s receipt of such Alteration Removal Request, then Tenant shall have the right to send Landlord a second written Alteration Removal Request (a “Second Request”). If Tenant’s Second Request clearly states IN ALL CAPITAL LETTERS that Landlord’s failure to respond to such Second Request within seven (7) days after Landlord’s receipt thereof shall be deemed Landlord’s agreement not to required removal of the Alteration upon the expiration or earlier termination of this Lease, Tenant shall remove from the Leased Premises all movable trade fixtures and other movable personal propertyif Landlord does not respond to such Second Request within such 7-day period, and shall promptly repair any damage to the Leased Premises caused by such removal, the Building and/or the Project caused by such removal. All such removal and repair then Landlord shall be entirely at deemed to have agreed not to require removal of the Alteration described in Tenant’s sole cost and expense. At any time prior to the scheduled expiration of the Lease Term or within fifteen (15) days after any termination of this Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such event, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense and within fifteen (15) days after such notice from Landlord. In addition, Landlord may require Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will be required to remove such alterations. All repairs required of Tenant pursuant to the provisions of this Article 5.5 shall be performed in a manner satisfactory to Landlord, and shall include, but not be 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. Reasonable wear and tear exceptedoriginal Alteration Removal Request.

Appears in 1 contract

Samples: Lease Agreement (Gymboree Corp)

Removal of Alterations. Upon All or any part of the Alterations whether made without the consent of Landlord, shall, at Landlord's option, either be removed by Tenant at its expense before the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance, molestation or injury, provided that Tenant shall have the right and the obligation to remove any and all removable Alterations which constitute trade fixtures and detachable furniture prior to the Expiration Date or earlier termination of this Lease. Notwithstanding the foregoing, Landlord shall not be entitled to require the removal of any Alteration unless Landlord advises Tenant in writing, not later than six (6) months before the expiration of the Term, that removal of that Alteration is required. If Landlord requires the removal of all or part of the Alterations, Tenant, at its expense, shall remove from the Leased Premises all movable trade fixtures and other movable personal property, and shall promptly repair any damage to the Leased Premises caused by such removal, or the Building and/or the Project caused by such removal. All If Tenant fails to remove any Alterations which Landlord has requested be removed, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal and repair shall be entirely at Tenant’s sole cost and expense. At any time prior to the scheduled expiration of the Lease Term or within fifteen (15) days after any termination of this Lease, Landlord may require that Tenant remove from the Leased Premises any alterations, additions, or improvements that were made but not approved by the Landlord to the extent such approval is required hereunder. In such event, Tenant shall, in accordance with the provisions of Article 5.2 above, complete such removal (including the repair of any damage caused thereby) entirely at its own expense by the same, together with any and within fifteen (15) days after such notice from Landlord. In addition, all damages which Landlord may require suffer and sustain by reason of the failure of Tenant to remove upon the expiration of the Lease Term any alterations approved by Landlord pursuant to Article 5.2 above provided Landlord notifies Tenant at the time of its approval whether Tenant will be required to remove such alterations. All repairs required of Tenant pursuant to the provisions of this Article 5.5 same, shall be performed in a manner satisfactory charged to Landlord, and shall include, but not be 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. Reasonable wear and tear exceptedpaid by Tenant upon demand.

Appears in 1 contract

Samples: Lease Agreement (Gene Logic Inc)

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