Common use of Removal of Alterations Clause in Contracts

Removal of Alterations. 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 the Lease Term; provided, however, that, at Landlord’s election, Tenant shall remove all Alterations and other items in the Premises if (i) such Alteration or item was not approved by Landlord hereunder, 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 repair any damage to the Premises caused by such 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 performed at Tenant’s sole cost and expense during the Lease Term, if and to the extent permitted under applicable Laws; provided, however, that in no event shall Landlord have any liability to Tenant whatsoever in connection with any inability by Tenant to obtain any such benefits.

Removal of Alterations. Except as otherwise expressly provided pursuant to Section 9.1 aboveAll or any part of the Alterations (including, if any Alterations are without limitation, wiring), whether made with or without the prior written consent of Landlord, Landlord shall have the right, in addition to all other remediesshall, at Tenant’s the election of Landlord, either be removed by Tenant at its expense to remove and correct such Alterations and restore before the expiration of the Term or shall remain upon the Premises to its condition immediately prior thereto, and be surrendered therewith at the Expiration Date or to require Tenant to do the same. All Alterations to the Premises during the earlier termination of this Lease Term shall be as the property of Landlord and shall remain upon and be surrendered with without disturbance, molestation or injury. Notwithstanding the Premises as a part thereof at the expiration or earlier termination of the Lease Term; providedforegoing, however, that, at Landlord’s election, Tenant shall remove all Alterations and other items in the Premises if (i) such Alteration or item was not approved by Landlord hereunder, or (ii) if at the time that Landlord approved of Landlord’s approval of the Alteration or itemfinal and complete Construction Drawings and Specifications with respect to the Tenant Work, Landlord advised shall advise Tenant in writing that of such Alterations which Landlord would require Tenant to remove the same requires be removed at the expiration or other termination of this LeaseExpiration Date. Upon If Landlord requires the removal of any Alteration all or items hereunderpart of the Alterations, Landlord shall advise Tenant as to the condition the Premises and the Project must be restored to upon removal of such Alterations and Tenant, at its expense, shall repair any damage to the Premises or the Project caused by such removal. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to claim, during the Lease Term, all federal removal and state income tax benefits associated with Alterations to restore the Premises performed at Tenantand the Project to such condition. If Tenant fails to remove the Alterations upon Landlord’s sole request and repair and restore the Premises and Project, then Landlord may (but shall not be obligated to) remove, repair and restore the same and the cost of such removal, repair and expense during restoration together with any and all damages which Landlord may suffer and sustain by reason of the Lease Termfailure of Tenant to remove, if repair and to restore the extent permitted under applicable Laws; providedsame, however, that in no event shall Landlord have any liability be charged to Tenant whatsoever in connection with any inability by Tenant to obtain any such benefitsand paid upon demand.

Removal of Alterations. Except as otherwise expressly provided pursuant to Section 9.1 aboveAll alterations, if any Alterations are additions, improvements and installations, which may be made without the prior written consent of Landlordto, 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 become the property of Landlord upon installation and shall remain upon and be surrendered with the Premises, unless Landlord identifies any proposed improvement as an item that must be removed at the end of the term at the time approval is solicited by Tenant in accordance with Section 8.1(a). Notwithstanding the foregoing, Tenant's personal property and trade fixtures, other than that which is affixed to the Premises as a part thereof so that it cannot be removed without material damage to the premises, shall remain the property of Tenant and may be removed by Tenant at any time during the Term. Tenant's goods, effects, personal property, business and trade fixtures, machinery and equipment not removed by Tenant at the expiration of this Lease (or earlier termination within thirty (30) days after any other termination) shall be considered abandoned and Landlord may dispose of the Lease Term; providedsame as it deems expedient, howeverbut Tenant shall promptly reimburse Landlord for any expenses incurred by Landlord in connection therewith including, thatwithout limitation, the cost of removal thereof and repairing any damage occasioned by such removal. Tenant shall coordinate its plans to remove such items with Landlord in advance of any removal activities and obtain Landlord's prior written approval of the quality and manner of the repair and restoration work. Tenant shall not undertake any such activities that affect the roof (or any of its structural components) without Landlord's prior written consent. Tenant agrees to repair as soon as practicable, at Landlord’s electionits sole cost and expense, Tenant shall remove any and all Alterations and other items in the Premises if (i) such Alteration or item was not approved by Landlord hereunder, 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 repair any damage to the Premises caused by such removal. Notwithstanding anything to the contrary contained hereinby, Tenant shall have the right to claim, during the Lease Term, all federal and state income tax benefits associated with Alterations to the Premises performed at Tenant’s sole cost and expense during the Lease Term, if and to the extent permitted under applicable Laws; provided, however, that in no event shall Landlord have any liability to Tenant whatsoever or in connection with with, the removal of any inability by Tenant to obtain any such benefitsarticles of personal property, business or trade fixtures, alterations, improvements and installations, normal wear and tear excepted.

Removal of Alterations. Except as otherwise expressly provided pursuant to Section 9.1 above, if any All Alterations are made without the prior written consent shall become a part 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 and shall be become 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; providedthis Lease, howeverunless Landlord shall, thatby written notice given to Tenant, at Landlord’s election, Tenant shall remove all Alterations and other items in the Premises if (i) such Alteration or item was not approved by Landlord hereunder, 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 some or all of Tenant's Alterations, (whether installed during the same Term of this Lease or any previous occupancy of the Premises by Tenant), in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or other earlier termination of this Lease. Upon the removal of any Alteration or Tenant shall, at its sole expense, remove all such items hereunder, Tenant shall and repair any damage to the Premises or the Building caused by such removal. Notwithstanding anything If Tenant fails to remove any such items or repair such damage promptly after the expiration of earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. notwithstanding the foregoing to the contrary contained hereincontrary, in the event Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant shall have to make an Alteration in the right Premises, Landlord agrees, upon Tenant's written request, to claimnotify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, during at Tenant's cost, to remove such Alteration at the end of the Lease Term, all federal and state income tax benefits associated with Alterations to the Premises performed at Tenant’s sole cost and expense during the Lease Term, if and to the extent permitted under applicable Laws; provided, however, that in no event shall Landlord have any liability to Tenant whatsoever in connection with any inability by Tenant to obtain any such benefits.

Removal of Alterations. Except as otherwise expressly provided pursuant to Section 9.1 above, if any All Alterations are made without the prior written consent shall become a part 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 and shall be become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, (whether installed during the Term of this Lease or any previous occupancy of the Premises by Tenant), in which event Tenant shall promptly remove the designated Alterations and shall remain upon promptly repair any resulting damage, all at Tenant's sole expense. All business and be surrendered with trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises as a part thereof shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease Term; providedLease, howeverLandlord may, thatbut need not, at Landlord’s electiondo so with no liability to Tenant, and Tenant shall remove all Alterations and other items pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the Premises if (i) such event Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration or item was not approved by in the Premises, Landlord hereunderagrees, or (ii) if upon Tenant's written request, to notify Tenant in writing at the time that Landlord approved of the Alteration or itemgiving of such consent whether Landlord will require Tenant, Landlord advised Tenant in writing that Landlord would require Tenant at Tenant's cost, to remove the same such Alteration at the expiration or other termination end of this Lease. Upon the removal of any Alteration or items hereunder, Tenant shall repair any damage to the Premises caused by such 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 performed at Tenant’s sole cost and expense during the Lease Term, if and to the extent permitted under applicable Laws; provided, however, that in no event shall Landlord have any liability to Tenant whatsoever in connection with any inability by Tenant to obtain any such benefits.

Removal of Alterations. 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 Upon the expiration or earlier sooner termination of the Lease Term; provided, however, thatTenant shall, at Landlord’s electionTenant's expense, Tenant shall diligently remove all Alterations made by Tenant after the Commencement Date and other items in the Premises if (i) such Alteration or item was not approved designated by Landlord hereunderor agreed to by Tenant, or (ii) if as the case may be, to be removed at the time that Landlord approved of the Alteration Landlord's approval or item, Landlord advised Tenant in writing that Landlord would require Tenant to remove the same at the expiration Tenant's request for approval or other termination of this Leasenotice thereof. Upon the removal of any Alteration or items hereunder, Tenant shall repair any damage to the Premises caused by such removal. Notwithstanding anything to the contrary contained removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to such Alteration. Tenant shall have remove all of its movable property and trade fixtures at the right expiration or earlier termination of this Lease, and shall pay to claim, during Landlord the Lease Term, all federal and state income tax benefits associated with Alterations cost of repairing any damage to the Premises performed at Tenant’s sole cost and expense during the Lease Term, if and to the extent permitted under applicable Laws; provided, however, that in or Building resulting from such removal. In no event shall Landlord have Tenant remove any liability to Tenant whatsoever portion of Landlord's Work except in connection with any inability 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 at the termination of this Lease (or at any time when Landlord has the right of reentry due to obtain any such benefitsa Tenant default) shall be deemed abandoned and become the exclusive property of Landlord, without further notice to or demand upon Tenant. Tenant's obligations under these Sections 15.2 and 15.3 shall survive the expiration or termination of this Lease.