Common use of Removal of Tenant Improvements Clause in Contracts

Removal of Tenant Improvements. At such time as Landlord approves the Tenant Improvements pursuant to the terms of this Tenant Work Letter, Landlord shall provide written notice to Tenant designating those portions of the Tenant Improvements that are not general office improvements and which will be required to be removed, in accordance with the terms of the Lease, prior to the expiration or earlier termination of the Lease, as hereby amended. If and to the extent Landlord fails to specify that any Tenant Improvements are to be removed upon the expiration or earlier termination of this Lease, as hereby amended, Tenant shall have no obligation to remove such Tenant Improvements. Landlord shall deliver the Premises to Tenant with the following Landlord Work (which Landlord Work is set forth more particularly on the diagram set forth hereto as Schedule 2) substantially completed: 1. Construct new demising walls (which walls shall include, without limitation, related Building-standard doors and hardware) for the exterior of the Expansion Premises. 2. Demolish and remove the currently existing floor tile in that portion of the contemplated Expansion Premises which is currently located in a portion of the existing lobby of the Building. 3. Demolish and remove the currently existing drop ceiling in that portion of the contemplated Expansion Premises which is currently located in a portion of the existing lobby of the Building. All such Landlord Work shall be completed to the condition reasonably determined by Landlord. Tenant shall make no changes or modifications to the Landlord Work without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion.

Removal of Tenant Improvements. At Upon the expiration of the Lease Term or prior termination of the Lease, Tenant shall have the right to remove any Specialized Tenant Improvements so long as Tenant repairs any damage to the Premises and Building caused by such time as 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 approves may, by written notice to 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 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, Landlord shall provide written notice ) to Tenant designating those portions the Working Drawings whether some or all of the Tenant Improvements that are not general office improvements and which will be required to be removed, removed in accordance with the terms of the Lease, prior to the expiration or earlier termination of the Lease, as hereby amendedthis Section 4.1. If and to the extent Landlord fails to specify that any so notify Tenant whether some or all of such Tenant Improvements are 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 earlier early termination of the Lease Term and to repair any damage to the Premises and Building caused by such removal. Notwithstanding any provision to 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 Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, as hereby amendedLandlord shall have the right to require the cessation of construction of the Tenant Improvements (in which case, Tenant shall have no obligation 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 or restore the work described in Section 1.2(b)-(d) above so long as Landlord has approved the plans and specifications for such Tenant Improvements. Landlord shall deliver the Premises to Tenant work and such work has been completed in accordance with the following Landlord Work (which Landlord Work is set forth more particularly on the diagram set forth hereto as Schedule 2) substantially completed: 1. Construct new demising walls (which walls shall include, without limitation, related Building-standard doors such plans and hardware) for the exterior of the Expansion Premisesspecifications. 2. Demolish and remove the currently existing floor tile in that portion of the contemplated Expansion Premises which is currently located in a portion of the existing lobby of the Building. 3. Demolish and remove the currently existing drop ceiling in that portion of the contemplated Expansion Premises which is currently located in a portion of the existing lobby of the Building. All such Landlord Work shall be completed to the condition reasonably determined by Landlord. Tenant shall make no changes or modifications to the Landlord Work without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion.

Removal of Tenant Improvements. At such time as Landlord approves Portions of the Tenant Improvements pursuant 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 terms election 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 Tenant Work LetterLease as the property of Landlord without disturbance, molestation or injury. Landlord shall provide must make such election by written notice to Tenant designating those portions delivered on or before the later of the date on which Landlord and Tenant Improvements that are not general office improvements approve the Construction Drawings and which will be required Specifications or applicable Change Orders. If Landlord requires the removal of all or part of said Tenant Work, Tenant, at its expense, shall repair any damage to be removed, in accordance with the terms of Premises or the Lease, Building caused by such removal and restore the Premises to its condition prior to the expiration or earlier termination installation of such Tenant Work. If Tenant fails to remove said Tenant Work 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 Leasefailure of Tenant to remove the same, shall be charged to Tenant and paid upon demand. All Cabling installed by Tenant inside any of the interior walls of the 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 clearly labeled or otherwise identified as hereby amendedhaving been installed by Tenant. If All Cabling installed by Tenant shall comply with the requirements of the National Electric Code and to the extent Landlord fails to specify that any Tenant Improvements are to be removed upon other applicable fire and safety codes. Upon the expiration or earlier termination of this Lease, as hereby amendedunless Landlord consents, in its sole discretion, to a request by Tenant not to remove such Cabling, Tenant shall have no obligation to remove such all Cabling installed by Tenant Improvements. Landlord shall deliver anywhere in the Premises to Tenant or the Building in accordance with the following Landlord Work (which Landlord Work is set forth more particularly on Lease to the diagram set forth hereto as Schedule 2) substantially completed: 1. Construct new demising walls (which walls shall include, without limitation, related Building-standard doors and hardware) for the exterior point of the Expansion Premises. 2. Demolish origin of such Cabling, and remove the currently existing floor tile in that portion of the contemplated Expansion Premises which is currently located in a portion of the existing lobby of the Building. 3. Demolish and remove the currently existing drop ceiling in that portion of the contemplated Expansion Premises which is currently located in a portion of the existing lobby of the Building. All such Landlord Work shall be completed repair any damage to the condition reasonably determined by Landlord. Tenant shall make no changes Premises or modifications to the Landlord Work without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretionBuilding resulting from such removal.

Removal of Tenant Improvements. At To the extent that the Corridor Work is perform by Tenant in accordance with those certain plans prepared by Hooks ASD and dated January 10, 2008, Tenant shall not be obligated upon the expiration or earlier termination of this Lease to restore any portion of such time as Landlord approves the Tenant Improvements pursuant Corridor Work. In addition, to the terms of this Tenant Work Letter, Landlord shall provide written notice to Tenant designating those portions extent that as part of the Tenant Improvements that are not general office improvements and which will Tenant installs any power poles for Tenant’s supplemental electrical needs, then all such power poles shall be required to be removed, in accordance with the terms of the Lease, prior to removed by Tenant upon the expiration or earlier termination of the Lease, as hereby amended. If and which removal shall be subject to the extent 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 fails to specify that any shall notify Tenant in writing of Tenant Improvements are that Tenant shall be required to be removed remove (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, as hereby amended, Tenant shall have no obligation continue to be obligated, at Tenant’s sole cost and expense, to remove such Tenant Improvements. Landlord shall deliver all Lines in the Premises to Tenant with (including the following Landlord Work (which Landlord Work is set forth more particularly on the diagram set forth hereto as Schedule 2) substantially completed: 1. Construct new demising walls (which walls shall include, without limitation, related Building-standard doors and hardware) for the exterior of the 7th Amendment Expansion Premises) installed by Tenant, and repair any damage caused by such removal. 2. Demolish and remove the currently existing floor tile in that portion of the contemplated Expansion Premises which is currently located in a portion of the existing lobby of the Building. 3. Demolish and remove the currently existing drop ceiling in that portion of the contemplated Expansion Premises which is currently located in a portion of the existing lobby of the Building. All such Landlord Work shall be completed to the condition reasonably determined by Landlord. Tenant shall make no changes or modifications to the Landlord Work without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion.

Removal of Tenant Improvements. At such time Landlord may, by written notice to Tenant given concurrently with Landlord's approval of the "Final Working Drawings", as Landlord approves that term is defined in Section 3.3, below, require Tenant, prior to the end of the Lease Term, at Tenant's expense, to remove any Tenant Improvements pursuant which are deemed to be "Above Standard Tenant Improvements" (defined below) and to repair any damage to the Third Expansion Premises and Building caused by such removal and return the affected portion of the Third Expansion Premises to its previously existing condition. Other than with respect to Above Standard Tenant Improvements as set forth in this Section 2.4, Landlord shall not require Tenant to remove from the Third Expansion Premises any other Tenant Improvements (to the extent the same are constructed in the Third Expansion Premises in accordance with the terms of this Tenant Work Letter, Landlord ) upon the expiration or any earlier termination of the Lease Term. “Above Standard Tenant Improvements” shall provide written notice to Tenant designating those portions mean any part of the Tenant Improvements that are which do not constitute normal and customary general laboratory or office improvements and which will be required to be removed, in accordance with the terms of the Lease, prior to the expiration or earlier termination of the Lease, as hereby amended. If and to the extent reasonably determined by Landlord fails to specify that any (Above Standard Tenant Improvements are to be removed upon the expiration or earlier termination of this Lease, as hereby amended, Tenant shall have no obligation to remove such Tenant Improvements. Landlord shall deliver the Premises to Tenant with the following Landlord Work (which Landlord Work is set forth more particularly on the diagram set forth hereto as Schedule 2) substantially completed: 1. Construct new demising walls (which walls shall include, without limitation, related Building-standard doors improvements such as voice, data and hardwareother 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 Above Standard Improvements: (i) for the exterior laboratory improvements exceeding fifty percent (50%) of the rentable square footage of the Third Expansion Premises. 2. Demolish and remove the currently existing floor tile in that portion , (ii) a vivarium exceeding ten percent (10%) of the contemplated Expansion Premises which is currently located in a portion rentable square footage of the existing lobby Third Expansion Premises, or (iii) a chemistry lab exceeding twenty-five percent (25%) of the Building. 3. Demolish and remove the currently existing drop ceiling in that portion rentable square footage of the contemplated Third Expansion Premises which is currently located in a portion Premises. In addition, Landlord shall not require Tenant to remove any of the existing lobby of the Building. All such Landlord Work shall be completed Tenant Improvements to the condition reasonably determined by Landlordextent they resemble the improvements in the Existing Premises or are predominantly office. Tenant shall make no changes or modifications to the Landlord Work without the prior written consent of Landlord./ -/// -4- [Third Amendment] [Arcus Biosciences, which consent may be withheld in Landlord’s sole discretion.Inc.]