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 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 Upon expiration or earlier termination of this Lease, all leasehold improvements, alterations, including Specialty Alterations, and other physical additions made to or installed by Lessor or for Tenant in the Premises shall be and Lesseeremain Landlord’s property (except for Tenant’s movable fixtures, Lessee telephone and other equipment, computer systems, trade fixtures, furniture, furnishings and other items of personal property which are removable without damage to the Premises or the Building (“Tenant’s Property”)) and shall not be removed without Landlord’s written consent. Notwithstanding the foregoing, Landlord shall have the right to remove all Tank Farm Assets and other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from condition its approval of any alteration to the Premises upon Tenant’s removal of all or a portion of such improvements prior to the termination or expiration end of the Term of this Lease. Tenant agrees to remove, but at its sole cost and expense, all of Tenant’s Property, and, if directed at the time Landlord approves same (in no event later than response to Tenant’s written request to do so upon submittal to Landlord of the date that is 120 days following plans for such alterations for approval) or if otherwise permitted to do so by Landlord in writing, all, or any part of, the expiration or termination of this Lease (the “Removal Date”) leasehold improvements, alterations, including Specialty Alterations, and Lessor shall provide Lessee with access other physical additions made by Tenant 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 improvementsPremises, 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 DateExpiration Date or any earlier date of termination of this Lease. Tenant shall repair (which shall include closing up any slab penetrations in the Premises in a good and workmanlike manner), or promptly reimburse Landlord for the cost of repairing, closing any such slab penetrations and provided that all damage done to the Premises or the Building by such facilities are in good working condition removal. Tenant shall notify Landlord of its intention to effect the closing of any such slab penetrations at least 30 days prior to commencing such closings. Any leasehold improvements, alterations, including Specialty Alterations, or physical additions made by Tenant which Landlord does not direct or permit Tenant to remove at any time during or at the expiration end of the Term (ordinary wear and tear excepted) thenshall become the property of Landlord at the end of the Term without any payment to Tenant. If Tenant fails to remove any of Tenant’s Property by the Expiration Date or any sooner date of termination of the Lease or, such Tank Farm Assets and Improvements shall be deemed permanently abandoned if Tenant fails to Lessor’s sole ownershipremove any leasehold improvements, alterations, including Specialty Alterations, and Lessor may remove other physical additions made by Tenant to the Premises which Landlord has in writing directed Tenant to remove, Landlord shall have the right, on the tenth (10th) day after Landlord’s delivery of written notice to Tenant to deem such property abandoned by Tenant and to remove, store, sell, discard or otherwise deal with or dispose of such facilities abandoned property in any manner which Lessor may deem appropriate, without any liability whatsoever to Lesseea commercially reasonable manner. 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 Tenant 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 liable for all costs of such removal disposition of Tenant’s abandoned property, and disposal upon demand from LessorLandlord shall have no liability to Tenant in any respect regarding such property of Tenant. If requested by Lessor, Lessee The provisions of this Section 10.3 shall execute survive the expiration or 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 Lesseeearlier termination of this Lease.

Removal of Improvements. Except as otherwise expressly agreed to by Lessor and LesseeWithin twenty-four (24) months after termination, Lessee shall have the right to remove all Tank Farm Assets and other improvementssurrender, 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 Tenant will (a) remove all above-ground improvements and, to the date extent any above-ground Tenant Improvements also extend below ground, Tenant will remove such Tenant Improvements extending up to thirty six inches (36”) below ground; and (b) grade and restore the surface of the Leased Property to its approximate original condition that is 120 days following existed before Tenant occupied the expiration or termination of this Lease Leased Property, normal wear and tear excepted, all at Tenant’s sole cost and expense (collectively the “Removal DateRequirements”). If Tenant is required to obtain any permits prior to commencing the removal process, the twenty-four month (24) removal period shall not begin to run until after Tenant receives all such required permits or approvals. Completion of such Removal Requirements shall be undertaken by Tenant subject to and Lessor shall provide Lessee in compliance with access the existing applicable law in effect at the time such removal takes place, including but not limited to the Premises at reasonable times until expiration proper transportation and disposal of any Hazardous Materials. Failure to remove any improvement within said period and restore the surface of the Removal Date for Leased Property as provided above shall be deemed an abandonment of the purpose improvement and Owner shall cooperate with Wind Tenant regarding removal, at Tenant’s sole cost and expense, of removing any such itemsimprovement and restoration of the Lease Property to the standard set forth herein. Lessee shall provide Lessor with Notwithstanding the foregoing, Owner may upon written notice of its election to remove the Tank Farm Assets Tenant elect to maintain fences in place and other improvements, fixtures, equipment, materials, supplies and personal property from the Premises at least 60 days prior to the expiration of the Leasenot require removal. 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 Wind Tenant elects not to remove all of any such improvement, Owner shall have the Tank Farm Assets and Improvements from the Premises on right to keep such improvement 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 property deemed to be permanently abandoned by Txxxxx and to Lessor’s sole ownership, receive reimbursement from Tenant for the actual 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 reasonable cost of such removal of such improvement and disposal upon demand from Lessor. If requested by Lessor, Lessee shall execute any and all documents necessary to evidence that title the restoration of the surface of the Leased Property 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 standard set forth above. In such event, Owner shall also be entitled to the Premises and/or salvage value of any such facilities created by Lesseeimprovements removed.

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 Portions of the Improvements reasonably determined by Landlord to be specialized improvements (e.g. floor and ceiling mounted auxiliary air conditioning units, non-building standard fire suppression/control systems, computer rooms, auditoriums and laboratories) shall, at the election of Landlord, either be removed by Lessor and Lessee, Lessee Tenant at its expense before the expiration of the Term or 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 remain upon the termination or expiration of this Lease, but in no event later than the date that is 120 days following Leased Premises and be surrendered therewith upon the expiration or earlier termination of this the Lease (as the “Removal Date”) and Lessor property of Landlord. If Landlord requires the removal of all or part of the Improvements, Tenant, at its expense, shall provide Lessee with access repair any damage to the Leased Premises at reasonable times until expiration or the Building caused by such removal and restore the Leased Premises to their condition prior to the installation of the Removal Date for Improvements. If Tenant fails to remove such Improvements upon Landlord’s request, then Landlord may (but shall not be obligated to) remove the purpose same and the cost of removing such items. Lessee shall provide Lessor removal, repair and restoration, together with written notice any and all damages which Landlord may suffer and sustain by reason of its election the failure of Tenant to remove the Tank Farm Assets same, shall be charged to Tenant and paid upon demand. All voice and data cabling (“Cabling”) installed by Tenant inside any of the interior walls of the Expansion Premises, in any portion of the ceiling plenum above or below the Expansion Premises, or in any portion of the Common Areas of the Building, including but not limited to any of the shafts or utility rooms of the Building, shall be clearly labeled or otherwise identified as having been installed by Tenant. All Cabling installed by Tenant shall comply with the requirements of the National Electric Code and any other improvementsapplicable fire and safety codes. Upon the expiration or earlier termination of the Lease applicable to the Expansion Premises, fixturesTenant shall remove all Cabling installed by Tenant anywhere in the Expansion Premises or the Building to the point of the origin of such Cabling, equipmentand repair any damage to the Expansion Premises or the Building resulting from such removal, materialsif requested to do so by Landlord, supplies and personal property from the Premises at least 60 as provided below. No later than thirty (30) days prior to the expiration of the Lease. If Lessee Term applicable to the Expansion Premises, Landlord shall notify Tenant whether Landlord will require Tenant to remove Cabling from the Expansion Premises, and if Landlord 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 require Tenant to remove all of the Tank Farm Assets and Improvements Cabling from the Premises on or before the Removal Datesuch space, and then Tenant shall remove such Cabling as 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 Lesseeabove.

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.

Removal of Improvements. Except as otherwise expressly agreed a. Upon expiration of the Term or earlier termination of the rights and privileges hereby granted, Licensee, at its sole cost and expense, shall remove the Improvements, with the exception of any of the landscaping, irrigation and related improvements desired to be retained by Lessor Licensor and Lesseereturn the Right of Way and License Area to the condition it was in prior to the execution of this Agreement. Licensee agrees to effect the removal and restoration within 30 days of receipt of written notice to do so from Licensor. Said notice from Licensor shall describe the landscaping, Lessee shall have irrigation and related improvements desired to be retained by Licensor. In the event that Licensee declines to effect said removal and restoration, Licensee grants to Licensor the right to remove all Tank Farm Assets said Improvements and other improvements, fixtures, equipment, materials, supplies and personal property installed by Lessee from the Premises right to go upon the termination or expiration of this LeaseLicensee’s Property described in Exhibit A in order to perform such work. If Licensor is required to remove and/or maintain said Improvements, but in no event later than Licensee agrees to reimburse 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 Licensor for the purpose cost thereof within 30 days after receipt of removing an invoice and, if 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 invoice is not 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, includingpaid, the indemnity and insurance provisions remaining balance 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 accrue interest at the expiration rate of 10% per year until paid. Furthermore, if said invoice is not paid, Owner agrees to permit Licensor to impose a lien upon the Term (ordinary wear real property described in Exhibit A. b. Licensee 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 Owner hereby waive 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 claims against Licensor 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 damage or injury done to the Tank Farm Assets Improvements, the real property described in Exhibit A and/or the structures located thereon caused as a result of the removal described in the immediately preceding paragraph and Improvements that Lessee does not remove by Licensee indemnifies and holds Licensor harmless for any and all such damages or injuries, irrespective of the Removal Date is in Lessor and to extinguish and remove any cloud passive or potential cloud on the title to the Premises and/or such facilities created by Lesseeactive negligence of Licensor.

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.