Common use of Removal of Improvements Clause in Contracts

Removal of Improvements. Except as otherwise expressly agreed to by Lessor and Lessee, Lessee shall have the right to remove all Tank Farm Assets and other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises upon the termination or expiration of this Lease, but in no event later than the date that is 120 days following the expiration or termination of this Lease (the “Removal Date”) and Lessor shall provide Lessee with access to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such items. Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets and other improvements, fixtures, equipment, materials, supplies and personal property from the Premises at least 60 days prior to the expiration of the Lease. If Lessee elects to remove the Tank Farm Assets and Improvements from the Premises after such removal Lessee shall restore any damage to the Premises and clean the Premises so as to eliminate therefrom any accumulation (other than any de minimis and non-hazardous accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based on the amount of Rent applicable during the last month prior to the termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions of this Lease, including, the indemnity and insurance provisions shall continue in full force and effect. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date, and provided that such facilities are in good working condition at the expiration of the Term (ordinary wear and tear excepted) then, such Tank Farm Assets and Improvements shall be deemed permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date and such facilities are not in good working condition at the expiration of the term (ordinary wear and tear excepted), or Lessee fails to so remove any or all of the Tank Farm Assets and Improvements from the Premises before the Removal Date, then, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation), at Lessor’s option, deem such Tank Farm Assets and Improvements to be permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of such removal and disposal upon demand from Lessor. If requested by Lessor, Lessee shall execute any and all documents necessary to evidence that title to the Tank Farm Assets and Improvements that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud on the title to the Premises and/or such facilities created by Lessee.

Removal of Improvements. Except as otherwise expressly agreed All alterations, additions and other improvements by Tenant shall become the property of Landlord and shall not be removed from the Premises, unless request is made by Landlord to by Lessor and Lessee, Lessee shall have the right Tenant to remove all Tank Farm Assets those alterations, additions and other improvements, improvements which were made without Landlord's approval where such approval was required under this Lease. All moveable trade fixtures, equipmentfurniture, materials, supplies furnishings and personal property signs installed by Lessee from in the Premises upon by Tenant and paid for by Tenant, shall remain the termination or expiration property of this Lease, but in no event later than the date that is 120 days following the expiration or termination of this Lease (the “Removal Date”) Tenant and Lessor shall provide Lessee with access to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such items. Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets and other improvements, fixtures, equipment, materials, supplies and personal property from the Premises at least 60 days prior to the expiration of the Lease. If Lessee elects to remove the Tank Farm Assets and Improvements from the Premises after such removal Lessee shall restore any damage to the Premises and clean the Premises so as to eliminate therefrom any accumulation (other than any de minimis and non-hazardous accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based on the amount of Rent applicable during the last month prior to the termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions of this Lease, including, the indemnity and insurance provisions shall continue in full force and effect. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date, and provided that such facilities are in good working condition at the expiration of the Term (ordinary wear and tear excepted) then, such Tank Farm Assets and Improvements shall be deemed permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date and such facilities are not in good working condition at removed upon the expiration of the term (ordinary wear of this Lease; provided that any of such items as are affixed to the Premises and tear excepted), or Lessee fails to so remove require severance may be removed only if Tenant repairs any or damage caused by such removal and that Tenant shall otherwise comply with all of the Tank Farm Assets terms, conditions and Improvements covenants to be performed by Tenant under this Lease with respect to such removal. If Tenant fails to remove such items from the Premises before by the Removal Dateexpiration of the Lease Term or earlier termination of this Lease, thenall such trade fixtures, furniture, furnishings and signs shall become the property of Landlord, unless Landlord elects to require their removal, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation)which case Tenant shall, at Lessor’s optionits sole cost and expense, deem such Tank Farm Assets promptly remove the same and Improvements restore the Premises to be permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of such removal and disposal upon demand from Lessor. If requested by Lessor, Lessee shall execute any and all documents necessary to evidence that title to the Tank Farm Assets and Improvements that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud its condition on the title to date of this Lease. The covenants contained in this Section shall survive the Premises and/or such facilities created by Lesseeexpiration of the Lease Term or earlier termination hereof.

Removal of Improvements. Except as otherwise expressly agreed All alterations, additions and other improvements by Tenant shall become the property of Landlord and shall not be removed from the Project, unless request is made by Landlord to by Lessor and Lessee, Lessee shall have the right Tenant to remove all Tank Farm Assets those alterations, additions and other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises upon the termination or expiration of improvements which were made without Landlord's approval where such approval was required under this Lease. All (i) moveable trade fixtures and signs installed in the Project by Tenant and paid for by Tenant, but other than those items comprising FF&E or Operating Equipment which are replacements, substitutions or additions thereof or thereto made by Tenant and FF&E and Operating Equipment present in no event later than the Project as of the date that is 120 days following the expiration or termination of this Lease hereof, and (the “Removal Date”ii) and Lessor shall provide Lessee with access to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such items. Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets signs, logos and other improvementsproperty, fixturesincluding Operating Equipment and Supplies, equipment, materials, supplies and personal property from bearing the Premises at least 60 days prior to logo of any Franchisor which is not continuing as the expiration of the Lease. If Lessee elects to remove the Tank Farm Assets and Improvements from the Premises after such removal Lessee shall restore any damage to the Premises and clean the Premises so as to eliminate therefrom any accumulation (other than any de minimis and non-hazardous accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based on the amount of Rent applicable during the last month prior to the termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions of this Lease, including, the indemnity and insurance provisions shall continue in full force and effect. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date, and provided that such facilities are in good working condition at Franchisor following the expiration of the Term (ordinary wear and tear excepted) thenof this Lease shall remain the property of Tenant or Franchisor, such Tank Farm Assets and Improvements shall be deemed permanently abandoned to Lessor’s sole ownershipas the case may be, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date and such facilities are not in good working condition at be removed upon the expiration of the term (ordinary wear Lease Term; provided that any of such items as are affixed to the Project and tear excepted), or Lessee fails to so remove require severance may be removed only if Tenant repairs any or damage caused by such removal and that Tenant shall have fully performed all of the Tank Farm Assets terms, conditions and Improvements covenants to be performed by Tenant under this Lease. If Tenant fails to remove such items from the Premises before Project by the Removal Dateexpiration of the Lease Term or earlier termination of this Lease, thenall such trade fixtures, furniture, furnishings and signs shall become the property of Landlord, unless Landlord elects to require their removal, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation)which case Tenant shall, at Lessor’s optionits sole cost and expense, deem such Tank Farm Assets promptly remove the same and Improvements restore the Project to be permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of such removal and disposal upon demand from Lessor. If requested by Lessor, Lessee shall execute any and all documents necessary to evidence that title to the Tank Farm Assets and Improvements that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud its condition on the title to date of this Lease. The covenants contained in this Section shall survive the Premises and/or such facilities created by Lesseeexpiration or earlier termination of this Lease.

Removal of Improvements. Except as All fixtures attached to the Premise by Lessee, shall immediately become and shall remain the property of Lessor unless otherwise expressly agreed to specified by Lessor in writing. Fixtures for purposes of the Lease, shall be any item, good or chattel that Lessee attaches to, is incorporated into or is otherwise made a part of the Premise or are an item, good or chattel the removal of which could cause harm or require modification of the Premise. Such items shall include, but not be limited to, fences, underground pipes, structures, buildings, xxxxx, roadways and Lessee, walkways. Lessee shall have the right not allow any fixture to be subject to any lien or other encumbrance and shall promptly take all action necessary to remove all Tank Farm Assets and any lien of other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee encumbrance placed on any fixture during the term of this Lease or resulting from Lessee’s activities that occurred during the Premises upon the termination or expiration term of this Lease, but in no event later than . All personal property used on the date Premise shall remain the property of the Lessee. Personal property for purposes of the Lease shall include those items that is 120 days following are not fixtures and which are capable of freely being moved with ordinary effort on and off the expiration Premise without causing harm or termination of this Lease (the “Removal Date”) and Lessor shall provide Lessee with access modification to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such itemsPremise. Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets and other improvements, fixtures, equipment, materials, supplies and all personal property from the Premises at least 60 days Premise prior to the expiration termination of the Lease. If Lessee elects to remove the Tank Farm Assets and Improvements any personal property from the Premises Lessee remains on the Premise after the termination of the Lease such removal property may be removed from the Premise by the Lessor. The Lessee shall restore reimburse the Lessor for any damage to and all costs associated with the Premises removal and clean the Premises so as to eliminate therefrom disposal of any accumulation (other than any de minimis and non-hazardous accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based personal property remaining on the amount of Rent applicable during the last month prior to the Premise after termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions of this Lease, including, the indemnity and insurance provisions shall continue in full force and effect. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date, and provided that such facilities are in good working condition at the expiration of the Term (ordinary wear and tear excepted) then, such Tank Farm Assets and Improvements shall be deemed permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to LesseeLease. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date and such facilities are not in good working condition at the expiration of the term (ordinary wear and tear excepted), or Lessee fails to so remove any or all of the Tank Farm Assets and Improvements from the Premises before the Removal Date, then, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation), at Lessor’s option, deem such Tank Farm Assets and Improvements to be permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of such personal property removal and disposal upon demand costs within 30 days of receipt of an invoice from LessorLessor for such costs. If requested by Lessor, The Lessor shall be entitled to retain any salvage or other value received for any personal property Lessor removes from the Premise. Lessee shall execute not be entitled to any and all documents necessary to evidence that title compensation or rent reduction for any fixtures, personal property or other improvements made to the Tank Farm Assets and Improvements that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud on the title to the Premises and/or such facilities created by LesseePremises.

Removal of Improvements. Except as otherwise expressly agreed All alterations, additions and other improvements by Tenant shall become the property of Landlord and shall not be removed from the Premises, unless request is made by Landlord to by Lessor and Lessee, Lessee shall have the right Tenant to remove all Tank Farm Assets those alterations, additions and other improvements, improvements which were made without Landlord's approval where such approval was required under this Lease. All moveable trade fixtures, equipmentfurniture, materials, supplies furnishings and personal property signs installed by Lessee from in the Premises upon by Tenant and paid for by Tenant, shall remain the termination or expiration property of this Lease, but in no event later than the date that is 120 days following the expiration or termination of this Lease (the “Removal Date”) Tenant and Lessor shall provide Lessee with access to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such items. Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets and other improvements, fixtures, equipment, materials, supplies and personal property from the Premises at least 60 days prior to the expiration of the Lease. If Lessee elects to remove the Tank Farm Assets and Improvements from the Premises after such removal Lessee shall restore any damage to the Premises and clean the Premises so as to eliminate therefrom any accumulation (other than any de minimis and non-hazardous accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based on the amount of Rent applicable during the last month prior to the termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions of this Lease, including, the indemnity and insurance provisions shall continue in full force and effect. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date, and provided that such facilities are in good working condition at the expiration of the Term (ordinary wear and tear excepted) then, such Tank Farm Assets and Improvements shall be deemed permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date and such facilities are not in good working condition at removed upon the expiration of the term (ordinary wear of this Lease, provided that any of such items as are affixed to the Premises and tear excepted), or Lessee fails to so remove require severance may be removed only if Tenant repairs any or damage caused by such removal and that Tenant shall otherwise comply with all of the Tank Farm Assets terms, conditions and Improvements covenants to be performed by Tenant under this Lease with respect to such removal. If Tenant fails to remove such items from the Premises before by the Removal Dateexpiration of the Lease Term or earlier termination of this Lease, thenall such trade fixtures, furniture, furnishings and signs shall become the property of Landlord, unless Landlord elects to require their removal, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation)which case Tenant shall, at Lessor’s optionits sole cost and expense, deem such Tank Farm Assets promptly remove the same and Improvements restore the Premises to be permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of such removal and disposal upon demand from Lessor. If requested by Lessor, Lessee shall execute any and all documents necessary to evidence that title to the Tank Farm Assets and Improvements that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud its condition on the title to date of this Lease. The covenants contained in this Section shall survive the Premises and/or such facilities created by Lesseeexpiration of the Lease Term or earlier termination hereof.

Removal of Improvements. Except as otherwise expressly agreed All alterations, additions and other improvements by Tenant shall become the property of Landlord and shall not be removed from the Premises, unless request is made by Landlord to by Lessor and Lessee, Lessee shall have the right Tenant to remove all Tank Farm Assets those alterations, additions and other improvements, improvements which were made without Landlord's approval where such approval was required under this Lease. All moveable trade fixtures, equipmentfurniture, materials, supplies furnishings and personal property signs installed by Lessee from in the Premises upon by Tenant and paid for by Tenant, shall remain the termination or expiration property of this Lease, but in no event later than the date that is 120 days following the expiration or termination of this Lease (the “Removal Date”) Tenant and Lessor shall provide Lessee with access to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such items. Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets and other improvements, fixtures, equipment, materials, supplies and personal property from the Premises at least 60 days prior to the expiration of the Lease. If Lessee elects to remove the Tank Farm Assets and Improvements from the Premises after such removal Lessee shall restore any damage to the Premises and clean the Premises so as to eliminate therefrom any accumulation (other than any de minimis and non-hazardous accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based on the amount of Rent applicable during the last month prior to the termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions of this Lease, including, the indemnity and insurance provisions shall continue in full force and effect. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date, and provided that such facilities are in good working condition at the expiration of the Term (ordinary wear and tear excepted) then, such Tank Farm Assets and Improvements shall be deemed permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date and such facilities are not in good working condition at removed upon the expiration of the term (ordinary wear of this Lease; provided that any of such items as are affixed to the Premises and tear excepted), or Lessee fails to so remove require severance may be removed only if Tenant repairs any or damage caused by such removal and that Tenant shall otherwise comply with all of the Tank Farm Assets terms, conditions and Improvements covenants to be performed by Tenant under this Lease with respect to such removal. If Tenant fails to remove such items from the Premises before by the Removal Dateexpiration of the Lease Term or earlier termination of this Lease, thenall such trade fixtures, furniture, furnishings and signs shall become the property of Landlord, unless Landlord elects to require their removal, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation)which case Tenant shall, at Lessor’s optionits sole cost and expense, deem such Tank Farm Assets promptly remove the same and Improvements restore the Premises to be permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of such removal and disposal upon demand from Lessor. If requested by Lessor, Lessee shall execute any and all documents necessary to evidence that title to the Tank Farm Assets and Improvements that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud its condition on the title to date of this Lease. The covenants contained in this Section shall survive the Premises and/or such facilities created by Lesseeexpiration Lease Term or earlier termination hereof.

Removal of Improvements. Except as otherwise expressly agreed to by Lessor and Lessee, Lessee shall have the right to remove all Tank Farm Assets Terminal Facilities and other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises upon the termination or expiration of this Lease, but in no event later than the date that is 120 days following the expiration or termination of this Lease (the “Removal Date”) and Lessor shall provide Lessee with access to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such items). Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets Terminal Facilities and other improvements, fixtures, equipment, materials, supplies and personal property from the Premises at least 60 days prior to the expiration of the Lease. If Lessee elects to remove the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property from the Premises after such removal Lessee shall restore any damage to the Premises and clean the Premises so as to eliminate therefrom any accumulation (other than any de minimis and non-hazardous accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based on the amount of Rent applicable during the last month prior to the termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions of this Lease, including, the indemnity and insurance provisions shall continue in full force and effect. If Lessee elects not to remove all of the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises on or before the Removal DatePremises, and provided that such facilities are in good working condition at the expiration of the Term (ordinary wear and tear excepted) then, such Tank Farm Assets Terminal Facilities and Improvements other improvements fixtures, equipment, materials, supplies and personal property installed by Lessee shall be deemed permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee. If Lessee elects not to remove all of the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises on or before the Removal Date and such facilities are not in good working condition at the expiration of the term (ordinary wear and tear excepted), or Lessee fails to so remove any or all of the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises before the Removal Date, then, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation), at Lessor’s option, deem such Tank Farm Assets Terminal Facilities and Improvements other improvements fixtures, equipment, materials, supplies and personal property installed by Lessee, to be permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of such removal and disposal upon demand from Lessor. If requested by Lessor, Lessee shall execute any and all documents necessary to evidence that title to the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud on the title to the Premises and/or such facilities created by Lessee.

Removal of Improvements. Except as All fixtures attached to the Premise by Xxxxxx, shall immediately become and shall remain the property of Lessor unless otherwise expressly agreed to specified by Lessor in writing. Fixtures for purposes of the Lease, shall be any item, good or chattel that Lessee attaches to, is incorporated into or is otherwise made a part of the Premise or are an item, good or chattel the removal of which could cause harm or require modification of the Premise. Such items shall include, but not be limited to, fences, underground pipes, structures, buildings, xxxxx, roadways and Lessee, walkways. Lessee shall have the right not allow any fixture to be subject to any lien or other encumbrance and shall promptly take all action necessary to remove all Tank Farm Assets and any lien of other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee encumbrance placed on any fixture during the term of this Lease or resulting from Xxxxxx’s activities that occurred during the Premises upon the termination or expiration term of this Lease, but in no event later than . All personal property used on the date Premise shall remain the property of the Lessee. Personal property for purposes of the Lease shall include those items that is 120 days following are not fixtures and which are capable of freely being moved with ordinary effort on and off the expiration Premise without causing harm or termination of this Lease (the “Removal Date”) and Lessor shall provide Lessee with access modification to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such itemsPremise. Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets and other improvements, fixtures, equipment, materials, supplies and all personal property from the Premises at least 60 days Premise prior to the expiration termination of the Lease. If Lessee elects to remove the Tank Farm Assets and Improvements any personal property from the Premises Lessee remains on the Premise after the termination of the Lease such removal property may be removed from the Premise by the Lessor. The Lessee shall restore reimburse the Lessor for any damage to and all costs associated with the Premises removal and clean the Premises so as to eliminate therefrom disposal of any accumulation (other than any de minimis and non-hazardous accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based personal property remaining on the amount of Rent applicable during the last month prior to the Premise after termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions of this Lease, including, the indemnity and insurance provisions shall continue in full force and effect. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date, and provided that such facilities are in good working condition at the expiration of the Term (ordinary wear and tear excepted) then, such Tank Farm Assets and Improvements shall be deemed permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to LesseeLease. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date and such facilities are not in good working condition at the expiration of the term (ordinary wear and tear excepted), or Lessee fails to so remove any or all of the Tank Farm Assets and Improvements from the Premises before the Removal Date, then, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation), at Lessor’s option, deem such Tank Farm Assets and Improvements to be permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of such personal property removal and disposal upon demand costs within 30 days of receipt of an invoice from LessorLessor for such costs. If requested by Lessor, The Lessor shall be entitled to retain any salvage or other value received for any personal property Lessor removes from the Premise. Lessee shall execute not be entitled to any and all documents necessary to evidence that title compensation or rent reduction for any fixtures, personal property or other improvements made to the Tank Farm Assets and Improvements that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud on the title to the Premises and/or such facilities created by LesseePremises.

Removal of Improvements. Except as otherwise expressly agreed to by Lessor and Lessee, Lessee shall have the right to remove all Tank Farm Assets Terminal Facilities and other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises upon the termination or expiration of this Lease, but in no event later than the date that is 120 days following the expiration or termination of this Lease (the Lease(the “Removal Date”) and Lessor shall provide Lessee with access to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such items). Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets Terminal Facilities and other improvements, fixtures, equipment, materials, supplies and personal property from the Premises at least 60 days prior to the expiration of the Lease. If Lessee elects to remove the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property from the Premises after such removal Lessee shall restore any damage to the Premises and clean the Premises so as to eliminate therefrom any accumulation (other than any de minimis and non-hazardous -21- accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based on the amount of Rent applicable during the last month prior to the termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions of this Lease, including, the indemnity and insurance provisions shall continue in full force and effect. If Lessee elects not to remove all of the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises on or before the Removal DatePremises, and provided that such facilities are in good working condition at the expiration of the Term (ordinary wear and tear excepted) then, such Tank Farm Assets Terminal Facilities and Improvements other improvements fixtures, equipment, materials, supplies and personal property installed by Lessee shall be deemed permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee. If Lessee elects not to remove all of the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises on or before the Removal Date and such facilities are not in good working condition at the expiration of the term (ordinary wear and tear excepted), or Lessee fails to so remove any or all of the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises before the Removal Date, then, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation), at Lessor’s option, deem such Tank Farm Assets Terminal Facilities and Improvements other improvements fixtures, equipment, materials, supplies and personal property installed by Lessee, to be permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of such removal and disposal upon demand from Lessor. If requested by Lessor, Lessee shall execute any and all documents necessary to evidence that title to the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud on the title to the Premises and/or such facilities created by Lessee.. 15.3

Removal of Improvements. Except as otherwise expressly agreed to by Lessor and Lessee, Lessee shall have the right to remove all Tank Farm Assets Terminal Facilities and other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises upon the termination or expiration of this Lease, but in no event later than the date that is 120 days following the expiration or termination of this Lease (the Lease(the “Removal Date”) and Lessor shall provide Lessee with access to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such items). Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets Terminal Facilities and other improvements, fixtures, equipment, materials, supplies and personal property from the Premises at least 60 days prior to the expiration of the Lease. If Lessee elects to remove the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property from the Premises after such removal Lessee shall restore any damage to the Premises and clean the Premises so as to eliminate therefrom any accumulation (other than any de minimis and non-hazardous accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based on the amount of Rent applicable during the last month prior to the termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions of this Lease, including, the indemnity and insurance provisions shall continue in full force and effect. If Lessee elects not to remove all of the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises on or before the Removal DatePremises, and provided that such facilities are in good working condition at the expiration of the Term (ordinary wear and tear excepted) then, such Tank Farm Assets Terminal Facilities and Improvements other improvements fixtures, equipment, materials, supplies and personal property installed by Lessee shall be deemed permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee. If Lessee elects not to remove all of the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises on or before the Removal Date and such facilities are not in good working condition at the expiration of the term (ordinary wear and tear excepted), or Lessee fails to so remove any or all of the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises before the Removal Date, then, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation), at Lessor’s option, deem such Tank Farm Assets Terminal Facilities and Improvements other improvements fixtures, equipment, materials, supplies and personal property installed by Lessee, to be permanently abandoned to Lessor’s sole ownership, and Lessor may remove and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of such removal and disposal upon demand from Lessor. If requested by Lessor, Lessee shall execute any and all documents necessary to evidence that title to the Tank Farm Assets Terminal Facilities and Improvements other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud on the title to the Premises and/or such facilities created by Lessee.

Removal of Improvements. Except as otherwise expressly agreed to by Lessor and Lesseehereinafter provided, Lessee shall have the right to remove all Tank Farm Assets alterations, improvements, furnishings and other improvements, fixtures, equipment, materials, supplies and personal property equipment installed by Lessee from in the Premises by Tenant and paid for by it shall remain the property of Tenant and may be removed by Tenant upon the termination or expiration of this Lease, but in no event later than the date provided (a) that is 120 days following the expiration or termination any of this Lease (the “Removal Date”) and Lessor shall provide Lessee with access to the Premises at reasonable times until expiration of the Removal Date for the purpose of removing such items. Lessee shall provide Lessor with written notice of its election to remove the Tank Farm Assets and other improvements, fixtures, equipment, materials, supplies and personal property from the Premises at least 60 days prior to the expiration of the Lease. If Lessee elects to remove the Tank Farm Assets and Improvements from the Premises after such removal Lessee shall restore any damage items as are affixed to the Premises and clean require severance may be removed only if Tenant shall repair any damage caused by such removal and (b) that Tenant shall have fully performed all of the covenants and agreements to be performed by it under the provisions of this Lease. If the Tenant fails to remove such items from the Premises so as to eliminate therefrom any accumulation (other than any de minimis and non-hazardous accumulation) of foreign substances, materials, or debris, in addition to any Environmental Cleanup that may be required under Article 10. Lessee shall pay Lessor pro rata Rent (based on the amount of Rent applicable during the last month prior to the termination or expiration) through the date of Lessee’s complete removal of all such items. During the period of such removal and clean-up, all terms and conditions termination of this Lease, includingall such alterations, decorations, additions and improvements shall become the indemnity property of the Landlord unless Landlord elects to require their removal in which case Tenant shall promptly remove same and insurance provisions restore the Premises to its prior condition. Notwithstanding anything to the contrary provided herein, in no event shall continue in full force and effect. If Lessee elects not Landlord require Tenant to remove all of the Tank Farm Assets alterations and Improvements from improvements made to the Premises on or before by Tenant prior to the Commencement Date which are customary in connection with the fixturing of space for the uses permitted hereunder. Notwithstanding the above, within the Sign Removal DatePeriod (hereinafter defined), Tenant shall remove the signage permitted by Section 7(i) hereof, and provided that shall repair any damage caused by such facilities are in good working removal. Such removal and repair shall be by a Landlord approved certified Exterior Insulated Finishing System (EIFS) contractor and such contractor shall restore the fascia to substantially the condition at the expiration time of commencement of this Lease, and such activity shall be at the sole cost and expense of the Term (ordinary wear and tear excepted) thenTenant. In the event Tenant fails to remove such signage by the end of the Sign Removal Period, such Tank Farm Assets and Improvements shall be deemed permanently abandoned to Lessor’s sole ownership, and Lessor Landlord may immediately remove the signage and dispose of such facilities in any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee. If Lessee elects not to remove all of the Tank Farm Assets and Improvements from the Premises on or before the Removal Date and such facilities are not in good working condition it at the expiration of the term (ordinary wear and tear excepted), or Lessee fails to so remove any or all of the Tank Farm Assets and Improvements from the Premises before the Removal Date, then, in addition to all rights and remedies available at law or in equity, without any prior notice, Lessor may (but shall be under no obligation), at Lessor’s option, deem such Tank Farm Assets and Improvements to be permanently abandoned to Lessor’s Landlord's sole ownershipdiscretion, and Lessor may remove and dispose of such facilities in repair any manner which Lessor may deem appropriate, without any liability whatsoever to Lessee, and Lessee shall reimburse Lessor for all costs of damage caused by such removal and disposal upon demand from Lessorthe cost of removal and repair plus a 15% service fee shall be charged to Tenant who shall make payment to Landlord within ten (10) days of demand. If requested by Lessor, Lessee The Sign Removal Period shall execute any and all documents necessary to evidence that title be the 24 hour period commencing with the hour the Premises is permanently closed for business to the Tank Farm Assets and Improvements that Lessee does not remove by the Removal Date is in Lessor and to extinguish and remove any cloud or potential cloud on the title to the Premises and/or such facilities created by Lesseepublic.