Common use of Removal of Tenant Improvements Clause in Contracts

Removal of Tenant Improvements. At the time Tenant requests Landlord’s consent to the Final Working Drawings, Tenant shall request a decision from Landlord in writing as to whether Landlord will require Tenant, at Tenant’s expense, to remove any “Specialty Alterations” (as defined below) and repair any damage caused by such removal. If Landlord fails to respond within ten (10) business days after Tenant’s submission of the Final Working Drawings, then Tenant may deliver a second written notice to Landlord containing the same request as provided above, which second notice shall contain the following provisions in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove any such Specialty Alterations described in Tenant’s second notice to Landlord as provided above. For purposes of this Lease “Specialty Alterations” shall mean any of the following: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs or data centers (for the purpose of this Section 3.8, the 8 to 10 rack network closets to be constructed in each Building as part of the Tenant Improvements shall be considered “data centers”, but Tenant’s removal obligation with respect to such closets shall be limited to removing the racks and taking the power back to the power panel serving such closets); (c) conveyors and dumbwaiters; (d) any improvements which (i) perforate a floor slab in a Building or a wall that encloses/encapsulates the Building Structure of any Building, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core); (e) special security equipment; and (f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. For avoidance of doubt, in no event shall Tenant be required to remove any component of the Tenant Improvements that are not Specialty Improvements upon the expiration or earlier termination of the Lease.

Removal of Tenant Improvements. At Portions of the time Tenant requests Landlord’s consent Work, as reasonably determined by Landlord to be specialized Tenant Work (including, without limitation, floor and ceiling mounted auxiliary air conditioning units, non-building standard fire suppression/control systems, computer rooms, auditoriums, laboratories, and Cabling), shall, at the Final Working Drawingselection of Landlord either be removed by Tenant at its expense before the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance, molestation or injury. Landlord must make such election by written notice to Tenant shall request a decision from delivered on or before the later of the date on which Landlord in writing as to whether and Tenant approve the Construction Drawings and Specifications or applicable Change Orders. If Landlord will require requires the removal of all or part of said Tenant Work, Tenant, at Tenant’s its expense, to remove any “Specialty Alterations” (as defined below) and shall repair any damage to the Premises or the Building caused by such removalremoval and restore the Premises to its condition prior to the installation of such Tenant Work. If Landlord Tenant fails to respond within ten remove said Tenant Work upon Landlord’s request, then Landlord may (10but shall not be obligated to) business days after Tenant’s submission 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 Final Working Drawings, then failure of Tenant may deliver a second written notice to Landlord containing the same request as provided above, which second notice shall contain the following provisions in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove any such Specialty Alterations described in Tenant’s second notice the same, shall be charged to Landlord as provided aboveTenant and paid upon demand. For purposes of this Lease “Specialty Alterations” shall mean All Cabling installed by Tenant inside any of the following: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs or data centers (for the purpose of this Section 3.8, the 8 to 10 rack network closets to be constructed in each Building as part interior walls of the Tenant Improvements Premises, above the ceilings of the Premises, in any portion of the ceiling plenums above or below the Premises, or in any portion of the common areas, including but not limited to any of the shafts or utility rooms of the Building, shall be considered “data centers”, but clearly labeled or otherwise identified as having been installed by Tenant’s removal obligation . All Cabling installed by Tenant shall comply with respect to such closets shall be limited to removing the racks and taking the power back to the power panel serving such closets); (c) conveyors and dumbwaiters; (d) any improvements which (i) perforate a floor slab in a Building or a wall that encloses/encapsulates the Building Structure of any Building, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside requirements of the Building core); (e) special security equipment; National Electric Code and (f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereofapplicable fire and safety codes. For avoidance of doubt, in no event shall Tenant be required to remove any component of the Tenant Improvements that are not Specialty Improvements upon Upon the expiration or earlier termination of this Lease, unless Landlord consents, in its sole discretion, to a request by Tenant not to remove such Cabling, Tenant shall remove all Cabling installed by Tenant anywhere in the LeasePremises or the Building in accordance with the Lease to the point of the origin of such Cabling, and repair any damage to the Premises or the Building resulting from such removal.

Removal of Tenant Improvements. At To the time extent that the Corridor Work is perform by Tenant requests Landlord’s consent to the Final Working Drawingsin accordance with those certain plans prepared by Hooks ASD and dated January 10, 2008, Tenant shall request a decision from not be obligated upon the expiration or earlier termination of this Lease to restore any portion of such Corridor Work. In addition, to the extent that as part of the Tenant Improvements Tenant installs any power poles for Tenant’s supplemental electrical needs, then all such power poles shall be removed by Tenant upon the expiration or earlier termination of the Lease, and which removal shall be subject to the terms set forth in Section 8.5 of the Lease. With respect to all other Tenant Improvements, in connection with Landlord’s review of any of the Construction Documents, Landlord shall notify Tenant in writing as of Tenant Improvements that Tenant shall be required to whether Landlord will require Tenantremove (including corresponding restorations to the affected portions of the Building) upon the expiration or earlier termination of the Lease, and which removal shall be subject to the terms set forth in Section 8.5 of the Lease; provided, however, that Tenant shall not be required to remove any Tenant Improvements which (i) comply with current Building standards for improvements, and (ii) constitute improvements which are normal and customary for general office use. Notwithstanding the foregoing, upon the expiration of the Lease Term, or immediately following any earlier termination of this Lease, Tenant shall continue to be obligated, at Tenant’s sole cost and expense, to remove any “Specialty Alterations” all Lines in the Premises (as defined belowincluding the 7th Amendment Expansion Premises) installed by Tenant, and repair any damage caused by such removal. If Landlord fails to respond within ten (10) business days after Tenant’s submission of the Final Working Drawings, then Tenant may deliver a second written notice to Landlord containing the same request as provided above, which second notice shall contain the following provisions in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove any such Specialty Alterations described in Tenant’s second notice to Landlord as provided above. For purposes of this Lease “Specialty Alterations” shall mean any of the following: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs or data centers (for the purpose of this Section 3.8, the 8 to 10 rack network closets to be constructed in each Building as part of the Tenant Improvements shall be considered “data centers”, but Tenant’s removal obligation with respect to such closets shall be limited to removing the racks and taking the power back to the power panel serving such closets); (c) conveyors and dumbwaiters; (d) any improvements which (i) perforate a floor slab in a Building or a wall that encloses/encapsulates the Building Structure of any Building, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core); (e) special security equipment; and (f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. For avoidance of doubt, in no event shall Tenant be required to remove any component of the Tenant Improvements that are not Specialty Improvements upon the expiration or earlier termination of the Lease.SECTION 3

Removal of Tenant Improvements. At Landlord may, by written notice to Tenant given concurrently with Landlord's approval of the time Tenant requests Landlord’s consent to the "Final Working Drawings", Tenant shall request a decision from Landlord as that term is defined in writing as to whether Landlord will Section 3.3, below, require Tenant, prior to the end of the Lease Term, at Tenant’s 's expense, to remove any “Specialty Alterations” Tenant Improvements which are deemed to be "Above Standard Tenant Improvements" (as defined below) and to repair any damage to the Third Expansion Premises and Building caused by such removal. If Landlord fails to respond within ten (10) business days after Tenant’s submission removal and return the affected portion of the Final Working DrawingsThird Expansion Premises to its previously existing condition. Other than with respect to Above Standard Tenant Improvements as set forth in this Section 2.4, then Landlord shall not require Tenant may deliver a second written notice to Landlord containing remove from the Third Expansion Premises any other Tenant Improvements (to the extent the same request as provided above, which second notice shall contain are constructed in the following provisions Third Expansion Premises in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove any such Specialty Alterations described in Tenant’s second notice to Landlord as provided above. For purposes accordance with the terms of this Tenant Work Letter) upon the expiration or any earlier termination of the Lease Term. “Specialty AlterationsAbove Standard Tenant Improvements” shall mean any of the following: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs or data centers (for the purpose of this Section 3.8, the 8 to 10 rack network closets to be constructed in each Building as part of the Tenant Improvements which do not constitute normal and customary general laboratory or office improvements as reasonably determined by Landlord (Above Standard Tenant Improvements shall include, without limitation, improvements such as voice, data and other cabling, raised floors, floor penetrations, any installations outside the Premises or any areas requiring floor reinforcement, personal baths and showers, vaults, rolling file systems, internal stairwells, supplemental air conditioning units and structural alterations of any type). In addition to the foregoing, the following shall also be considered “data centers”, but Tenant’s removal obligation with respect to such closets shall be limited to removing the racks and taking the power back to the power panel serving such closets); (c) conveyors and dumbwaiters; (d) any improvements which Above Standard Improvements: (i) perforate laboratory improvements exceeding fifty percent (50%) of the rentable square footage of the Third Expansion Premises, (ii) a floor slab in a Building or a wall that encloses/encapsulates vivarium exceeding ten percent (10%) of the Building Structure rentable square footage of any Buildingthe Third Expansion Premises, or (iiiii) involve material plumbing connections a chemistry lab exceeding twenty-five percent (such as kitchens and executive bathrooms outside 25%) of the Building core); (e) special security equipment; and (f) any other installationsrentable square footage of the Third Expansion Premises. In addition, additions, improvements or alterations Landlord shall not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. For avoidance of doubt, in no event shall require Tenant be required to remove any component of the Tenant Improvements that to the extent they resemble the improvements in the Existing Premises or are not Specialty Improvements upon the expiration or earlier termination of the Lease.predominantly office. ./ -/// -4- [Third Amendment] [Arcus Biosciences, Inc.]

Removal of Tenant Improvements. At the time Tenant requests Landlord’s consent to the Final Working Drawings, Tenant shall request a decision from Landlord in writing as to whether Landlord will require Tenant, at Tenant’s expense, to remove any “Specialty Alterations” (as defined below) and repair any damage caused by such removal. If Landlord fails to respond within ten (10) business days after Tenant’s submission of the Final Working Drawings, then Tenant may deliver a second written notice to Landlord containing the same request as provided above, which second notice shall contain the following provisions in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove any such Specialty Alterations described in Tenant’s second notice to Landlord as provided above. For purposes Tenant Improvements from the Expansion Space at the expiration or sooner termination of this Lease “Specialty Alterations” shall mean Lease, except for any of the following: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs or data centers (for the purpose of this Section 3.8, the 8 to 10 rack network closets to be constructed in each Building as part of the Tenant Improvements which, at the time of approving the Final Plans, Landlord indicates in writing must be so removed. Landlord shall be considered “data centers”, but Tenant’s removal obligation with respect to such closets shall be limited to removing the racks and taking the power back to the power panel serving such closets); (c) conveyors and dumbwaiters; (d) any improvements which (i) perforate a floor slab in a Building or a wall that encloses/encapsulates the Building Structure of any Building, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core); (e) special security equipment; and (f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. For avoidance of doubt, in no event shall require Tenant be required to remove any component of Generic Improvements or any improvements shown on the Schematic Drawings. Any Tenant Improvements that Landlord requires to be removed shall be referred to herein as the "Non-Permanent Tenant Improvements." Notwithstanding the foregoing, in the event Tenant constructs or installs any Tenant Improvements that are not Specialty shown on the Final Plans, then such Tenant Improvements upon the expiration or earlier termination shall be deemed to be Non-Permanent Tenant Improvements for all purposes of the Lease. Landlord's Review Rights and Responsibilities. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Final Plans or of any Change Request because, in Landlord's reasonable opinion, the work as described in any Final Plans or any such Change Request: (A) is likely to adversely affect Systems, the structure of the Buildings or the safety of the Buildings and/or their occupants; (B) might impair Landlord's ability to furnish services to Tenant or the Project; (C) would increase the cost of operating the Buildings or the Project; (D) would violate any Laws; (E) contains or uses Hazardous Materials; (F) would adversely affect the appearance of the Expansion Space or the Project or the marketability of the Project to subsequent tenants; (G) is prohibited by any Private Restrictions; (H) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; or (I) is not, at a minimum, in accordance with the level of quality represented by the Xxxxxxxx and Java Improvements. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Tenant acknowledges and agrees that Landlord's review and approval, if granted, of the Final Plans is solely for the benefit of Landlord and to protect the interests of Landlord in the Project and the Premises. Without limiting the generality of the foregoing, Tenant expressly acknowledges and agrees that: Neither the approval by Landlord of the Final Plans or any other plans, specifications, drawings or other items associated with the Tenant Improvements nor Landlord's monitoring of the Tenant Improvements (if Landlord elects to monitor the Tenant Improvements) shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Expansion Space. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Tenant Improvements and the Final Plans are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Expansion Space and Tenant's use of the Expansion Space. Landlord shall not be the guarantor of, nor in any way or to any extent responsible for, the correctness or accuracy of the Final Plans or of the compliance of the Final Plans with applicable Laws, or of the conformance or compatibility of the Final Plans with the actual conditions existing in the Expansion Space. Tenant shall require and be solely responsible for insuring that its architects, engineers and contractors from time to time verify all existing conditions in the Expansion Space (including, without limitation, undertaking a full field verification of such conditions prior to commencing construction of the Tenant Improvements), insofar as they are relevant to, or may affect, the design and construction of the Tenant Improvements, and Landlord shall have no liability to Tenant for any inaccuracy or incorrectness in any of the information supplied by Landlord with regard to such conditions. Tenant shall be solely responsible for, and Landlord specifically reserves the right to require Tenant to make at any time and from time to time during the construction of the Tenant Improvements, any changes to the Final Plans necessary to obtain any Permit or to comply with applicable Laws. Tenant acknowledges and agrees that the Effective Date shall be as set forth in Section 1 of the Amendment, and that such date shall not be subject to postponement or extension for any reason whatsoever, including, without limitation, any requests by Landlord for changes or modifications to the Final Plans.

Removal of Tenant Improvements. At Upon the time Tenant requests Landlord’s consent to expiration of the Final Working DrawingsLease Term or prior termination of the Lease, Tenant shall request a decision from have the right to remove any Specialized Tenant Improvements so long as Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises or Building to their condition existing prior to the installation of the Tenant Improvements. As used herein, the term The term “Specialized Tenant Improvements” shall mean Tenant Improvements that are unique to Tenant’s business, including any milling equipment. Notwithstanding the foregoing or any other provision of this Lease to the contrary, Landlord in writing as may, by written notice to whether Landlord will Tenant prior to the end of the Lease Term, or given following any earlier termination of the Lease, require Tenant, at Tenant’s expense, to remove the Tenant Improvements (including without limitation any “Specialty Alterations” (as defined below) and Specialized Tenant Improvements), to repair any damage to the Premises and Building caused by such removal and to return the affected portion of the Premises or Building to their condition existing prior to the installation of the Tenant Improvements. Notwithstanding the foregoing, Tenant may specifically request in writing at the time Tenant requests consent to the Working Drawings (such request to be specifically captioned in bold capital letters as a “RESTORATION REQUEST NOTICE PURSUANT TO WORK LETTER OF THE LEASE”) that Landlord notify Tenant whether some or all of such Tenant improvements will be required to be removed pursuant to the terms of this Section 4.1 (a “TI Restoration Request Notice”), in which event Landlord shall notify Tenant at the time Landlord consents (subject to the provisions of Section 2.1 of this Work Letter) to the Working Drawings whether some or all of the Tenant Improvements will be required to be removed in accordance with this Section 4.1. If Landlord fails to so notify Tenant whether some or all of such Tenant Improvements will be required to be so removed, Landlord shall be deemed to have waived its right to require that such Tenant Improvements be removed upon the expiration or early termination of the Lease Term and to repair any damage to the Premises and Building caused by such removal. If Landlord fails Notwithstanding any provision to respond within ten (10) business days after Tenant’s submission the contrary contained in the Lease or this Work Letter, if any material default beyond applicable notice and cure periods by Tenant under the Lease or this Work Letter occurs at any time on or before the substantial completion of the Final Working DrawingsTenant Improvements, then Tenant may deliver a second written notice (i) in addition to all other rights and remedies granted to Landlord containing pursuant to the same request as provided aboveLease, Landlord shall have the right to require the cessation of construction of the Tenant Improvements (in which second notice shall contain the following provisions in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consentcase, Tenant will shall be responsible for any delay in the substantial completion of the Tenant Improvements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Letter shall be suspended until such time as such default is cured pursuant to the terms of the Lease. Notwithstanding the foregoing, Tenant shall not be required to remove any such Specialty Alterations or restore the work described in Tenant’s second notice to Section 1.2(b)-(d) above so long as Landlord as provided above. For purposes of this Lease “Specialty Alterations” shall mean any of has approved the following: (a) safes plans and vaults; (b) specialized flooring (including raised flooring) and/or labs or data centers (specifications for the purpose of this Section 3.8, the 8 to 10 rack network closets to be constructed such work and such work has been completed in each Building as part of the Tenant Improvements shall be considered “data centers”, but Tenant’s removal obligation accordance with respect to such closets shall be limited to removing the racks plans and taking the power back to the power panel serving such closets); (c) conveyors and dumbwaiters; (d) any improvements which (i) perforate a floor slab in a Building or a wall that encloses/encapsulates the Building Structure of any Building, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core); (e) special security equipment; and (f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. For avoidance of doubt, in no event shall Tenant be required to remove any component of the Tenant Improvements that are not Specialty Improvements upon the expiration or earlier termination of the Leasespecifications.