Common use of Removal of Electrical and Telecommunications Wires Clause in Contracts

Removal of Electrical and Telecommunications Wires. 52.5.1 Within thirty (30) days after the expiration or sooner termination of the Lease, Landlord may elect by written notice to Tenant to: (a) Retain any or all Lines installed by Tenant in the risers of the Building; (b) Remove any or all such Lines and restore the Premises and risers to their condition existing prior to the installation of the Lines (“Wire Restoration Work”). Landlord shall perform such Wire Restoration Work at Tenant’s sole cost and expense; or (c) Require Tenant to perform the Wire Restoration Work at Tenant’s sole cost and expense. 52.5.2 In the event Landlord elects to retain the Lines, Tenant covenants that Tenant shall have good right to surrender such Lines, free of all liens and encumbrances, and that all Lines shall be left in their then existing condition, reasonable wear and tear excepted, properly labeled at each end and in each telecommunications/electrical closet and junction box, and in safe condition. 52.5.3 In the event Tenant fails or refuses to pay all costs of the Wire Restoration Work within ten (10) days of Tenant’s receipt of Landlord’s notice requesting Tenant’s reimbursement for or payment of such costs, Landlord may apply all or any portion of Tenant’s Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration Work. The retention or application of such Security Deposit by Landlord pursuant to this clause does not constitute a limitation on or waiver of Landlord’s right to seek further remedy under law or equity. The provisions of this clause shall survive the expiration or sooner termination of the Lease.

Removal of Electrical and Telecommunications Wires. 52.5.1 Within thirty (30) days after the expiration or sooner termination of the Lease, Landlord may elect by written notice to Tenant to: : (a) Retain retain any or all Lines installed by Tenant in the risers of the Building; ; or (b) Remove require Tenant to remove any or all such Lines installed by or on behalf of Tenant and restore the Premises and risers to their condition existing prior to the installation of the such Lines (“Wire Restoration Work”). If Tenant fails to perform the Wire Restoration Work as required above, Landlord shall may perform such Wire Restoration Work at Tenant’s sole cost and expense; or (c) Require Tenant to perform the Wire Restoration Work at Tenant’s sole cost and expense. 52.5.2 . In the event Landlord elects to retain the Lines, Tenant covenants that Tenant shall have good right to surrender such Lines, free of all liens and encumbrances, and that all Lines shall be left in their then existing condition, reasonable wear and tear excepted, properly labeled at each end and in each telecommunications/electrical closet and junction box, and in safe condition. 52.5.3 . In the event Tenant fails or refuses to pay all costs of the Wire Restoration Work within ten (10) days of Tenant’s receipt of Landlord’s notice requesting Tenant’s reimbursement for or payment of such costs, Landlord may apply all or any portion of Tenant’s Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration Work. The retention or application of such Security Deposit by Landlord pursuant to this clause does not constitute a limitation on or waiver of Landlord’s right to seek further remedy under law or equity. The provisions of this clause shall survive the expiration or sooner termination of the Lease.

Removal of Electrical and Telecommunications Wires. 52.5.1 Within 13.5.1 At least thirty (30) days prior to the expiration or within thirty (30) days after the expiration or sooner termination of the Lease, as applicable, Landlord may elect by written notice to shall notify Tenant if Landlord elects to: (a) Retain any or all Lines installed by Tenant in the risers of the Building;; or (b) Remove Require Tenant to remove any or all such Lines installed by Tenant and restore the Premises and risers to their condition existing prior to the installation of the Lines (“Wire Restoration Work”). Landlord shall perform such Wire Restoration Work at Tenant’s sole cost and expense; or. 13.5.2 If Landlord elects to have the Lines removed and Tenant fails to do so on or before the expiration of the Lease, Landlord shall have the right within one hundred twenty (c120) Require Tenant days after the expiration of the Lease to perform the Wire Restoration Work at Tenant’s sole cost and expense. If Landlord fails to deliver invoices and supporting documentation of its performance of the Wire Restoration Work within such one hundred twenty (120) day period, Landlord shall have waived its right to obtain reimbursement of the cost therefor. 52.5.2 13.5.3 In the event Landlord elects to retain the Lines, Tenant covenants that Tenant shall have good right to surrender such Lines, free of all liens and encumbrances, and that all Lines shall be left in their then existing condition, reasonable wear and tear excepted, properly labeled at each end and in each telecommunications/electrical closet and junction box, and in safe condition. 52.5.3 In the event Tenant fails or refuses to pay all costs of the Wire Restoration Work within ten (10) days of Tenant’s receipt of Landlord’s notice requesting Tenant’s reimbursement for or payment of such costs, Landlord may apply all or any portion of Tenant’s Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration Work. The retention or application of such Security Deposit by Landlord pursuant to this clause does not constitute a limitation on or waiver of Landlord’s right to seek further remedy under law or equity. The provisions of this clause shall survive the expiration or sooner termination of the Lease.

Removal of Electrical and Telecommunications Wires. 52.5.1 (a) Within thirty (30) days after the expiration or sooner termination of the LeaseLease or at any time that any of the Wires (as defined below) are no longer in active use by Tenant, Landlord may elect ("Election Right"), by written notice to Tenant to: Tenant, to (ai) Retain retain any or all Lines wires, cables and similar installations appurtenant thereto ("Wires") installed by Tenant within the Premises or anywhere in the Building outside the Premises, including, without limitation, the plenums or risers of the Building; ; (bii) Remove remove any or all such Lines of the Wires and restore the Premises and risers or the Building, as the case may be, to their condition existing prior to the installation of the Lines Wires (“"Wire Restoration Work”). Landlord shall perform such Wire Restoration Work ") at Tenant’s 's sole cost and expense; or or (ciii) Require require Tenant to perform all or part of the Wire Restoration Work at Tenant’s 's sole cost and expense. 52.5.2 (b) Tenant shall comply with all applicable laws with respect to the Wires, subject to Landlord's right to elect to retain the Wires. In the event that Tenant discontinues the use of all or any part of the Wires or is no longer using all or any part of the Wires, Tenant shall within thirty (30) days thereafter notify Landlord of same in writing, accompanied by a plan or other reasonable description of the current type, quantity, points of commencement and termination, and routes of the Wires to allow Landlord to determine if Landlord desires to retain same. (c) In the event Landlord elects to retain any or all of the LinesWires (pursuant to paragraph (a)(i) above), Tenant covenants that (i) Tenant shall then be the sole owner of the Wires, Tenant shall have good the sole right to surrender such Linesthe Wires, and the Wires shall be free of all liens and encumbrances, ; and that (ii) all Lines Wires shall be left in their then existing good condition, reasonable wear and tear exceptedworking order, properly labeled and capped or sealed at each end and in each telecommunications/electrical closet and junction box, and in safe condition. 52.5.3 (d) Notwithstanding anything to the contrary in Section 15.02 of this Lease, Landlord may retain Tenant's Security Deposit after the expiration or sooner termination of the Lease until one of the following events has occurred with respect to all of the Wires: (i) Landlord elects to retain the Wires pursuant to paragraph (a)(i) above; (ii) Landlord elects to perform the Wire Restoration Work pursuant to paragraph (a)(ii) above and the Wire Restoration Work is complete and Tenant has fully reimbursed Landlord for all costs related thereto; or (iii) Landlord elects to require Tenant to perform the Wire Restoration Work pursuant to paragraph (a)(iii) above and the Wire Restoration Work is complete and Tenant has paid for all costs related thereto. (e) In the event that Tenant fails or refuses to pay all costs of the Wire Restoration Work within ten twenty (1020) days of Tenant’s 's receipt of Landlord’s 's notice requesting Tenant’s 's reimbursement for or payment of such costscosts or otherwise fails to comply with the provisions of this Section, Landlord may apply all or any portion of Tenant’s 's Security Deposit toward the payment of such unpaid any costs or expenses relative to the Wire Restoration Work. Work or Tenant's obligations under this Section. (f) The retention or application of such Security Deposit by Landlord pursuant to this clause Section does not constitute a limitation on or waiver of Landlord’s 's right to seek further remedy under law or equity. . (g) The provisions of this clause Section shall survive the expiration or sooner termination of the Lease.

Removal of Electrical and Telecommunications Wires. 52.5.1 Within thirty (30) days after the expiration or sooner termination of the Lease, Landlord may elect by written notice to Tenant to: (a) Retain any or all Lines installed by Tenant in the risers of the Building;; SMRH:422502059.9 -61- (b) Remove any or all such Lines and restore the Premises and risers to their condition existing prior to the installation of the Lines (“"Wire Restoration Work”"). Landlord shall perform such Wire Restoration Work at Tenant’s 's sole cost and expense; or (c) Require Tenant to perform the Wire Restoration Work at Tenant’s 's sole cost and expense. 52.5.2 In the event Landlord elects to retain the Lines, Tenant covenants that Tenant shall have good right to surrender such Lines, free of all liens and encumbrances, and that all Lines shall be left in their then existing condition, reasonable wear and tear excepted, properly labeled at each end and in each telecommunications/electrical closet and junction box, and in safe condition. 52.5.3 In the event Tenant fails or refuses to pay all costs of the Wire Restoration Work within ten thirty (1030) days of Tenant’s 's receipt of Landlord’s 's notice requesting Tenant’s 's reimbursement for or payment of such costs, Landlord may apply all or any portion of Tenant’s 's Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration Work. The retention or application of such Security Deposit by Landlord pursuant to this clause does not constitute a limitation on or waiver of Landlord’s 's right to seek further remedy under law or equity. The provisions of this clause shall survive the expiration or sooner termination of the Lease.

Removal of Electrical and Telecommunications Wires. 52.5.1 53.5.1 Within thirty (30) days after the expiration or sooner termination of the Lease, Landlord may elect by written notice to Tenant to: (a) Retain any or all Lines installed by Tenant in the risers of the Building; (b) Remove any or all such Lines and restore the Premises and risers to their condition existing prior to the installation of the Lines (“Wire Restoration Work”). Landlord shall perform such Wire Restoration Work at Tenant’s sole cost and expense; or (c) Require Tenant to perform the Wire Restoration Work at Tenant’s sole cost and expense. 52.5.2 53.5.2 In the event Landlord elects to retain the Lines, Tenant covenants that Tenant shall have good right to surrender such Lines, free of all liens and encumbrances, and that all Lines shall be left in their then existing condition, reasonable wear and tear excepted, properly labeled at each end and in each telecommunications/electrical closet and junction box, and in safe condition. 52.5.3 53.5.3 In the event Tenant fails or refuses to pay all costs of the Wire Wiring Restoration Work within ten (10) days of Tenant’s receipt of Landlord’s notice requesting Tenant’s reimbursement for or payment of such costs, Landlord may apply all or any portion of Tenant’s Security Deposit toward the payment of such unpaid costs relative to the Wire Wiring Restoration Work. The retention or application of such Security Deposit by Landlord pursuant to this clause does not constitute a limitation on or waiver of Landlord’s right to seek further remedy under law or equity. The provisions of this clause shall survive the expiration or sooner termination of the Lease.

Removal of Electrical and Telecommunications Wires. 52.5.1 Within thirty (30) days after the expiration or sooner termination of the Lease, Landlord may elect by written notice to Tenant to: (a) Retain any or all Lines installed by Tenant in the risers of the Building; (b) Remove any or all such Lines and restore the Premises and risers to their condition existing prior to the installation of the Lines (“"Wire Restoration Work”"). Landlord shall perform such Wire Restoration Work at Tenant’s 's sole cost and expense; or (c) Require Tenant to perform the Wire Restoration Work at Tenant’s 's sole cost and expense. 52.5.2 In the event Landlord elects to retain the Lines, Tenant covenants that Tenant shall have good right to surrender such Lines, free of all liens and encumbrances, and that all Lines shall be left in their then existing condition, reasonable wear and tear excepted, properly labeled at each end and in each telecommunications/electrical closet and junction box, and in safe condition. 52.5.3 In the event Tenant fails or refuses to pay all costs of the Wire Restoration Work within ten (( 10) days of Tenant’s 's receipt of Landlord’s 's notice requesting Tenant’s 's reimbursement for or payment of such costs, Landlord may apply all or any portion of Tenant’s 's Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration WorkWork . The retention or application of such Security Deposit by Landlord pursuant to this clause does not constitute a limitation on or waiver of Landlord’s 's right to seek further remedy under law or equity. The provisions of this clause shall survive the expiration or sooner termination of the Lease.

Removal of Electrical and Telecommunications Wires. 52.5.1 Within thirty (30) 30 days after the expiration or sooner termination of the Lease, Landlord may elect by written notice to Tenant to: (a) Retain any or all Lines installed by Tenant in the risers of the Building; (b) Remove any or all such Lines and restore the Premises and risers to their condition existing prior to the installation of the Lines (“Wire Restoration Work”). Landlord shall perform such Wire Restoration Work at Tenant’s sole cost and expense; or (c) Require Tenant to perform the Wire Restoration Work at Tenant’s sole cost and expense. 52.5.2 In the event Landlord elects to retain the Lines, Tenant covenants that Tenant shall have good right to surrender such Lines, free of all liens and encumbrances, and that all Lines shall be left in their then existing condition, reasonable wear and tear excepted, properly labeled at each end and in each telecommunications/electrical closet and junction box, and in safe condition. 52.5.3 In the event Tenant fails or refuses to pay all costs of the Wire Restoration Work within ten (10) days of Tenant’s receipt of Landlord’s notice requesting Tenant’s reimbursement for or payment of such costs, Landlord may apply all or any portion of Tenant’s Security Deposit toward the payment of such unpaid costs relative to the Wire Restoration Work. The retention or application of such Security Deposit by Landlord pursuant to this clause does not constitute a limitation on or waiver of Landlord’s right to seek further remedy under law or equity. The provisions of this clause shall survive the expiration or sooner termination of the Lease.