Common use of Removal of Improvements Clause in Contracts

Removal of Improvements. Portions of the Tenant Work 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, laboratories, data and voice cabling and wiring and associated appurtenances) shall, at the election of the Landlord, either be removed by Tenant at its expense before the expiration of the Term or shall remain upon the Leased Premises and be surrendered therewith upon the expiration or earlier termination of the Lease as the property of the Landlord. If Landlord requires the removal of all or part of the Tenant Work, Tenant, at its expense, shall repair any damage to the Leased Premises or the Building caused by such removal and restore the Leased Premises to their condition prior to the installation of the Tenant Work. If Tenant fails to remove such portions upon Landlord’s request, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal, repair and restoration, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to Tenant and paid upon demand. Landlord Tenant SCHEDULE “G” MEMORANDUM OF ACCEPTANCE This Memorandum of Acceptance (“Memorandum”) is made as of ________________, 20___ (the “Effective Date”) by and between XXXX XXXXXXX LIFE INSURANCE COMPANY (U.S.A.), a wholly owned subsidiary of Manulife Financial Corporation, a Michigan corporation (the “Landlord”), and ACSH SERVICE CENTER, LLC, a Delaware limited liability company (the “Tenant”).

Removal of Improvements. Portions All alterations, additions and other improvements by Tenant shall become the property of Landlord and shall not be removed from the Tenant Work reasonably determined Premises, unless request is made by Landlord to Tenant to remove those alterations, additions and other improvements which were made without Landlord’s approval where such approval was required under this Lease. All wires, cable, fiber, and other connecting materials installed by Tenant (exclusive of Landlord’s Work) shall be specialized improvements (e.g. floor removed from the Project at Tenant’s sole cost and ceiling mounted auxiliary air conditioning units, non-building standard fire suppression/control systems, computer rooms, auditoriums, laboratories, data and voice cabling and wiring and associated appurtenances) shall, at the election expense upon expiration of the Lease Term or earlier termination hereof. All moveable equipment, trade fixtures, furniture, furnishings and signs installed in the Premises by Tenant (exclusive of Landlord, either ’s Work) shall remain the property of Tenant and shall be removed by Tenant at its expense before upon the expiration of the Lease Term or shall remain upon at any time during the Leased Lease Term; provided that any of such items as are affixed to the Premises and require severance may be surrendered therewith upon the expiration or earlier termination of the Lease as the property of the Landlord. If Landlord requires the removal of all or part of the removed only if Tenant Work, Tenant, at its expense, shall repair repairs any damage to the Leased Premises or the Building caused by such removal and restore the Leased Premises to their condition prior to the installation that Tenant shall otherwise comply with all of the terms, conditions and covenants to be performed by Tenant Workunder this Lease with respect to such removal. If Tenant fails to remove such portions upon items from the Premises by the expiration of the Lease Term or earlier termination of this Lease, all such equipment, trade fixtures, furniture, furnishings and signs shall become the property of Landlord’s request, then unless Landlord may (but shall not be obligated to) elects to require their removal, in which case Tenant shall, at its sole cost and expense, promptly remove the same and restore the cost Premises to substantially the same condition as existed on the date of this Lease. Tenant need not remove any pipes or conduits provided that such removalpipes and conduits are properly cut and disconnected, repair and restoration, together with any and all damages which except to the extent that Landlord may suffer and sustain by reason of the failure of elects to require Tenant to remove any pipes or conduits that Tenant installed and that are affixed, attached, or appurtenant to any machinery, equipment, or trade fixtures that are subject to removal hereunder. The covenants contained in this Section shall survive the same, shall be charged to Tenant and paid upon demand. Landlord Tenant SCHEDULE “G” MEMORANDUM OF ACCEPTANCE This Memorandum expiration of Acceptance (“Memorandum”) is made as of ________________, 20___ (the “Effective Date”) by and between XXXX XXXXXXX LIFE INSURANCE COMPANY (U.S.A.), a wholly owned subsidiary of Manulife Financial Corporation, a Michigan corporation (the “Landlord”), and ACSH SERVICE CENTER, LLC, a Delaware limited liability company (the “Tenant”)Lease Term or earlier termination hereof.

Removal of Improvements. Portions of the Tenant Work 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, laboratories, data and voice cabling and wiring and associated appurtenances) shall, at the election of the Landlord, either be removed by Tenant at its expense before the expiration of the Term or shall remain upon the Leased Premises and be surrendered therewith upon the Upon expiration or earlier termination of this Lease, all leasehold improvements, alterations, including Specialty Alterations, and other physical additions made to or installed by or for Tenant in the Lease as Premises shall be and remain Landlord’s property (except for Tenant’s movable fixtures, telephone and other equipment, computer systems, trade fixtures, furniture, furnishings and other items of personal property which are removable without damage to the property 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 condition its approval of any alteration to the Landlord. If Landlord requires the Premises upon Tenant’s removal of all or part a portion of such improvements prior to the end of the Term of this Lease. Tenant Work, Tenantagrees to remove, at its sole cost and expense, all of Tenant’s Property, and, if directed at the time Landlord approves same (in response to Tenant’s written request to do so upon submittal to Landlord of the plans for such alterations for approval) or if otherwise permitted to do so by Landlord in writing, all, or any part of, the leasehold improvements, alterations, including Specialty Alterations, and other physical additions made by Tenant to the Premises, on or before the Expiration 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 all damage done to the Leased Premises or the Building caused by such removal and restore removal. Tenant shall notify Landlord of its intention to effect the Leased Premises to their condition 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 installation end of the Tenant WorkTerm shall become the property of Landlord at the end of the Term without any payment to Tenant. If Tenant fails to remove such portions upon any of Tenant’s Property by the Expiration Date or any sooner date of termination of the Lease or, if Tenant fails to remove any leasehold improvements, alterations, including Specialty Alterations, and 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 requestdelivery of written notice to Tenant to deem such property abandoned by Tenant and to remove, then Landlord may (but shall not be obligated to) remove the same and the cost store, sell, discard or otherwise deal with or dispose of such removal, repair and restoration, together with any and all damages which Landlord may suffer and sustain by reason of the failure of abandoned property in a commercially reasonable manner. Tenant to remove the same, shall be charged liable for all costs of such disposition of Tenant’s abandoned property, and Landlord shall have no liability to Tenant and paid upon demandin any respect regarding such property of Tenant. Landlord Tenant SCHEDULE “G” MEMORANDUM OF ACCEPTANCE This Memorandum The provisions of Acceptance (“Memorandum”) is made as this Section 10.3 shall survive the expiration or any earlier termination of ________________, 20___ (the “Effective Date”) by and between XXXX XXXXXXX LIFE INSURANCE COMPANY (U.S.A.), a wholly owned subsidiary of Manulife Financial Corporation, a Michigan corporation (the “Landlord”), and ACSH SERVICE CENTER, LLC, a Delaware limited liability company (the “Tenant”)this Lease.

Removal of Improvements. Portions All Items of Landlord's construction, all heating and air conditioning equipment, and all alterations, additions and other improvements by Tenant shall become the property of Landlord at the termination of the Tenant Work reasonably determined by Landlord to be specialized improvements (e.g. floor Lease and ceiling mounted auxiliary air conditioning units, non-building standard fire suppression/control systems, computer rooms, auditoriums, laboratories, data and voice cabling and wiring and associated appurtenances) shall, at the election of the Landlord, either shall not be removed from the Premises. All trade fixtures, furniture, furnishings, and signs installed in the Premises by Tenant at its expense before and paid for by Tenant shall remain the property of Tenant and may be removed upon the expiration of the Term or shall remain upon term of this Least:; provided (a) that any of such items as are affixed to the Leased Premises and require severance may be surrendered therewith upon the expiration or earlier termination of the Lease as the property of the Landlord. If Landlord requires the removal of all or part of the removed only if Tenant Work, Tenant, at its expense, shall repair repairs any damage to the Leased Premises or the Building caused by such removal and restore the Leased Premises to their condition prior to the installation (b) that Tenant shall have fully performed all of the covenants and agreements to be performed by Tenant Workunder the provisions of this Lease. If Tenant fails to remove such portions upon Landlord’s requestitems from the Premises prior to the expiration or earlier termination of this Lease, then all such trade fixtures, furniture, furnishings, and signs shall become the property of Landlord unless Landlord elects to require their removal, in which case Tenant shall promptly remove same and restore the Premises to its prior condition. In the event Tenant fails to remove all such trade fixtures, furniture, furnishings, and signs within ten (10) days after Landlord elects to require their removal, Landlord shall have the right to remove same and sell such trade fixtures, furniture, furnishings, and signs to pay for the cost of removal. Tenant further agrees that all personal property of every kind or description which may (but at any time be in the Premises shall be at the Tenant's sole risk. Landlord shall not be obligated to) remove responsible or liable to Tenant for any loss or damage that may be occasioned by the same and acts or omissions of persons occupying any space adjacent to or adjoining Tenant's Premises. Landlord shall not be responsible or liable to Tenant for any loss or damage resulting to Tenant or its property from roof leaks, water, gas, steam, fire, or the cost bursting, stoppage, or leakage of such removalsewer pipes, repair and restorationor from the heating or plumbing fixtures, together with any and all damages which Landlord may suffer and sustain or from electric wires, or from gas odors unless caused by reason of the failure of Tenant to remove the same, its own negligent or willful acts. Nothing contained in this Lease shall be charged construed to Tenant and paid upon demandrelease Landlord from liability for damages proximately caused by its own negligent or willful acts. Landlord Tenant SCHEDULE “G” MEMORANDUM OF ACCEPTANCE This Memorandum of Acceptance (“Memorandum”) is made as of ________________, 20___ (the “Effective Date”) by and between XXXX XXXXXXX LIFE INSURANCE COMPANY (U.S.A.), a wholly owned subsidiary of Manulife Financial Corporation, a Michigan corporation (the “Landlord”), and ACSH SERVICE CENTER, LLC, a Delaware limited liability company (the “Tenant”).INDEMNITY AND INSURANCE

Removal of Improvements. Portions of the Tenant Work 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, auditoriums and laboratories, data and voice cabling and wiring and associated appurtenances) shall, at the election of the Landlord, either be removed by Tenant at its expense before the expiration of the Term or shall remain upon the Leased Premises and be surrendered therewith upon the expiration or earlier termination of the Lease as the property of the Landlord. If Landlord requires the removal of all or part of the Tenant WorkImprovements, Tenant, at its expense, shall repair any damage to the Leased Premises or the Building caused by such removal and restore the Leased Premises to their condition prior to the installation of the Tenant WorkImprovements. If Tenant fails to remove such portions Improvements upon Landlord’s request, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal, repair and restoration, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to Tenant and paid upon demand. Landlord Tenant SCHEDULE “G” MEMORANDUM OF ACCEPTANCE This Memorandum of Acceptance All voice and data cabling (“MemorandumCabling”) is made 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 applicable fire and safety codes. Upon the expiration or earlier termination of the Lease applicable to the Expansion Premises, 20___ (Tenant shall remove all Cabling installed by Tenant anywhere in the “Effective Date”) by and between XXXX XXXXXXX LIFE INSURANCE COMPANY (U.S.A.), a wholly owned subsidiary Expansion Premises or the Building to the point of Manulife Financial Corporation, a Michigan corporation (the “Landlord”)origin of such Cabling, and ACSH SERVICE CENTERrepair any damage to the Expansion Premises or the Building resulting from such removal, LLCif requested to do so by Landlord, a Delaware limited liability company as provided below. No later than thirty (30) days prior to the “Tenant”)expiration of the 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 require Tenant to remove Cabling from such space, then Tenant shall remove such Cabling as provided above.

Removal of Improvements. Portions of the Tenant Work reasonably determined by (a) 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, laboratories, data and voice cabling and wiring and associated appurtenances) shallmay, at the election of the Landlord's option and in Landlord's sole and absolute discretion, either be removed by Tenant require Tenant, at its expense before the expiration of the Term Tenant's sole cost and expense, to remove any alterations, additions, or shall remain improvements upon the Leased Premises and be surrendered therewith upon the expiration or earlier termination of the Lease as and to restore the property of Premises to a "vanilla shell" condition. As used in this Lease, the Landlord. If Landlord requires term "vanilla shell" means (i) the removal of all or part floor coverings, (ii) the removal of all wall coverings and the walls are ready for paint, (iii) the removal of all interior, non-structural partition walls, (iv) the repair and/or replacement of any damaged T-Bar ceiling and/or ceiling tiles and (v) the repair of any damaged caused by the foregoing items. Tenant acknowledges that restoring the Premises to a "vanilla shell" condition will involve the removal of certain interior improvements that were constructed by the former tenant and Tenant agrees to do so as provided herein. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's Property and shall be surrendered to Landlord upon termination of the Lease, except that Tenant Workmay remove any of Tenant's machinery or equipment which can be removed without material damage to the Property. Tenant shall repair, at Tenant's sole cost and expense, any damage to the Premises and/or Property caused by the removal of any such machinery or equipment. In no event, however, shall Tenant remove any of the following materials or equipment without Landlord's prior written consent: any power wiring, power panels or electrical distribution systems, security systems, heaters, air conditioners or any other heating or air conditioning equipment. Tenant shall, at its cost and expense, shall repair any damage to the Leased Premises or the Building caused Shopping Center by such removal and restore the Leased Premises to their condition prior to the installation of the Tenant Work. If Tenant fails to remove such portions upon Landlord’s request, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal, repair including restoring the sign fascia to its original condition and restoration, together with any and capping off all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to Tenant and paid upon demand. Landlord Tenant SCHEDULE “G” MEMORANDUM OF ACCEPTANCE This Memorandum of Acceptance (“Memorandum”) is made as of ________________, 20___ (the “Effective Date”) by and between XXXX XXXXXXX LIFE INSURANCE COMPANY (U.S.A.), a wholly owned subsidiary of Manulife Financial Corporation, a Michigan corporation (the “Landlord”), and ACSH SERVICE CENTER, LLC, a Delaware limited liability company (the “Tenant”).utilities

Removal of Improvements. Portions All trade fixtures (including built-in fixtures that are removable), equipment, furniture and furnishings installed in or brought upon the Leased Premises by Tenant (including, without limitation, any radioactive materials isolator installed by Tenant), whether or not affixed to the Property, and paid for by Tenant, shall remain the property of the Tenant Work 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, laboratories, data and voice cabling and wiring and associated appurtenances) shall, at the election of the Landlord, either may be removed by Tenant at its expense before the upon expiration of the Term this Lease or its earlier termination provided that Tenant shall remain upon the Leased Premises repair any and be surrendered therewith upon all damage caused by such removal. Any trade fixtures, equipment, furniture and furnishings not so removed at or prior to the expiration or earlier termination of the this Lease as shall become the property of the Landlord. If Landlord requires the removal of all or part of the unless Landlord elects to require their removal, in which case Tenant Work, Tenant, at its expense, shall repair any damage to the Leased Premises or the Building caused by promptly remove such removal items and restore the Leased Premises to their condition its prior condition. Within a one month period after the expiration of this Lease or its earlier termination, Tenant shall, at Tenant’s cost, remove all alterations, additions, and improvements to the installation Leased Premises described on Exhibit E and shall further install or cause to be retained in the Leased Premises those items of improvements and equipment described on Exhibit E, provided, however, that Tenant’s cost, at commercially reasonable rates, to provide and have a contractor perform the Tenant Work. If Tenant fails to remove such portions upon Landlord’s request, then Landlord may (but foregoing shall not be obligated toexceed Fifty-five Thousand Dollars ($55,000) remove the same and the cost of such removal, repair and restoration, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to Tenant and paid upon demand. Landlord Tenant SCHEDULE “G” MEMORANDUM OF ACCEPTANCE This Memorandum of Acceptance (“Memorandum”) is made as of ________________, 20___ (the “Effective Date”) by and between XXXX XXXXXXX LIFE INSURANCE COMPANY (U.S.A.), a wholly owned subsidiary of Manulife Financial Corporation, a Michigan corporation (the “LandlordCapped Amount”), and ACSH SERVICE CENTERto the extent that the cost to perform the foregoing exceeds the Capped Amount, LLCand Landlord desires that work at a cost beyond the Capped Amount be performed, then Landlord shall pay any additional amounts. In the event that Tenant continues to occupy the Leased Premises for the purpose of removing alterations, improvements and additions and installing improvements and equipment as provided for in the preceding sentence, Tenant shall be deemed to be occupying the Leased Premises under a month-to-month tenancy (and not as a hold-over Tenant under paragraph 24 of this Lease) for such additional period for the limited purpose of effecting such removal and installation, and shall continue to have all of the obligations under this Lease, including payment of rent, during such period. For the purpose of securing Tenant’s performance of its obligation to remove alterations, improvements and additions and to install improvements and equipment as provided for in this paragraph, Tenant shall, by the Rent Commencement Date, either deposit the Capped Amount into an escrow account to be administered pursuant to an escrow agreement acceptable to Landlord and Tenant or provide other collateral reasonably acceptable to Landlord in the form of a cash deposit, a Delaware limited liability company (letter of credit or a cash equivalent of the “Tenant”)Capped Amount.