Removal of Tenant’s Property. Upon the expiration or earlier termination of this Lease or the termination of Tenant's right of possession of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may be.
Appears in 4 contracts
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC), Assignment and Assumption of Lease (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Assignment and Assumption of Lease (Aei Real Estate Fund Xvii Limited Partnership)
Removal of Tenant’s Property. Upon the expiration or earlier termination of this Lease or the termination of Tenant's right of possession of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( (15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided provided, that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord Landlord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may be.
Appears in 4 contracts
Samples: Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership), Lease Agreement (AEI Income & Growth Fund 26 LLC), Lease Agreement (Aei Income & Growth Fund 24 LLC)
Removal of Tenant’s Property. Upon Tenant's Property shall remain the property of Tenant and Tenant may remove the same at any time on or before the Expiration Date. On or prior to the Expiration Date, Tenant shall, unless otherwise directed by Landlord, at Tenant's expense, remove any Specialty Alteration designated in writing by Landlord to be removed at the time consent thereto was granted and close up any slab penetrations in the Premises. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Tenant's removal of any Specialty Alterations or Tenant's Property or by the closing of any slab penetrations, and upon default thereof, Tenant shall reimburse Landlord, within 30 days of delivery of an invoice therefor, for Landlord's cost of repairing and restoring such damage. Any Above Building Standard Installations (as hereinafter defined) or Tenant's Property not so removed shall be deemed abandoned and Landlord may remove and dispose of same, and repair and restore any damage caused thereby, at Tenant's cost and without accountability to Tenant. Tenant shall not be required to remove any of the Improvements or any subsequent Alterations unless, in either case, the same constitute Specialty Alterations which Landlord advises Tenant in writing must be removed at the time consent thereto was granted. If requested by Tenant prior to the installation of any component of the Improvements or of any Alterations, Landlord will notify Tenant in writing whether (i) any such component of the Improvements or any such Alterations, or any material component thereof (including, without limitation, any oversized or exposed conduit) not expressly included within the definition of Specialty Alterations is considered by Landlord to be such and (ii) Landlord will waive any requirement that Tenant remove the same upon the expiration or earlier termination of this Lease or the termination of Tenant's right of possession of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may beLease.
Appears in 2 contracts
Samples: Lease Agreement (Engage Technologies Inc), Lease (Cmgi Inc)
Removal of Tenant’s Property. Upon Tenant's Property shall be ---------------------------- and remain the property of Tenant and Tenant may remove the same at any time on or before the Expiration Date. On or prior to the Expiration Date, Tenant shall, unless otherwise directed by Landlord, at Tenant's expense, remove any Specialty Alteration designated in writing by Landlord to be removed at the time consent thereto was granted and close up any slab penetrations in the Premises. At least ten (10) Business Days prior to commencing the closing of any such slab penetrations, Tenant shall notify Landlord of its intention to effect such closings. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Tenant's removal of any Specialty Alterations or Tenant's Property or by the closing of any slab penetrations, and upon default thereof after the expiration of applicable notice and cure periods, Tenant shall reimburse Landlord, on demand, for Landlord's cost of repairing and restoring such damage. Any Specialty Alterations or Tenant's Property which Tenant is required by the terms of this Lease to remove and is not so removed by the Expiration Date or the earlier termination of this Lease shall be deemed abandoned and Landlord may remove and dispose of same, and repair and restore any damage caused thereby, at Tenant's cost and without accountability to Tenant. Tenant shall not be required to remove any of the Improvements or any subsequent Alterations unless, in either case, the same constitute Specialty Alterations which Landlord advises Tenant must be removed at the time consent thereto was granted. In no event shall Tenant be required to remove any telephone or data cabling. If requested by Tenant prior to the installation of any component of the Improvements or of any Alterations, Landlord will notify Tenant whether (i) any such component of the Improvements or any such Alterations, or any material component thereof (including, without limitation, any oversized or exposed conduit) not expressly included within the definition of Specialty Alterations is considered by Landlord to be such and (ii) Landlord will waive any requirement that Tenant remove the same upon the expiration or earlier termination of this Lease Lease. This Section 5.3 shall survive the expiration or the earlier termination of Tenant's right of possession of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may bethis Lease.
Appears in 2 contracts
Samples: Lease (Portal Software Inc), Lease (Portal Software Inc)
Removal of Tenant’s Property. Upon Tenant’s Property shall remain the expiration property of Tenant and Tenant may remove the same at any time on or before the Expiration Date. By not later than the Expiration Date, Tenant shall, at Tenant’s expense, remove all of Tenant’s Property from the Premises. In addition, by not later than the Expiration Date, unless otherwise directed by Landlord, Tenant shall, at Tenant’s expense, remove any Specialty Alterations and close up any slab penetrations in the Premises. All fixtures installed in the Premises by Tenant shall remain in the Premises as Landlord’s property unless Landlord, by written notice to Tenant given at the time Landlord approves the Alterations of which such fixtures are a part, requires Tenant to remove any such fixtures (“Designated Fixtures”), in which event Tenant shall remove the Designated Fixtures on or before the Expiration Date (or earlier termination of this Lease or the termination of Tenant's right of possession of the Premises only, Lease). Tenant shall have the rightrepair and restore, at its sole cost in a good and expenseworkmanlike manner, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Premises or the Building caused by arising out of or resulting from the removal by Tenant of any Alterations, Designated Fixtures or Tenant's ’s Property or by the closing of any slab penetrations. If Tenant fails to perform any of its obligations under this Section 5.3, then Landlord may elect to perform any such obligations, in which event Tenant shall reimburse Landlord for the reasonable costs and expenses incurred by Landlord. Any Specialty Alterations, Designated Fixtures or Tenant’s Property not so removed by the Expiration Date (or earlier termination of this Lease) shall be deemed abandoned and Landlord may retain or remove and dispose of same, and repair and restore any damage caused thereby, at Tenant’s cost and without liability or accountability to Tenant. All Tenant’s Property, Distinctive Property all Designated Fixtures and all Alterations remaining in the Premises after the Expiration Date (or Financed Personalty earlier termination of this Lease) shall promptly be repaired at no cost or expense become Landlord’s property upon termination of this Lease, subject to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may beforegoing removal right.
Appears in 2 contracts
Samples: Lease Agreement (Pegasystems Inc), Lease Agreement (Pegasystems Inc)
Removal of Tenant’s Property. Upon In the expiration event of a partial or earlier termination of this Lease or the termination of Tenant's right of possession total destruction of the Premises onlyPremises, Tenant shall have the rightas soon as practicable, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to whether or not Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter notified Tenant to remove the same same, but in no event later than 10 Business Days after receiving a notice from the PremisesLandlord, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number remove any and all of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same Tenant’s Property from the Premises during such forty five (45) day period. If and to or the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features portion thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lenderdestroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of same, nor shall Landlord have any liability to Tenant in the event that Tenant fails to do so. Tenant shall promptly permit Landlord access to the Premises for the purpose of performing Landlord’s Restoration Work and, if applicable, the Specified Restoration Work.
Appears in 2 contracts
Samples: Lease Agreement (Monotype Imaging Holdings Inc.), Lease Agreement (Bank of New York Mellon Corp)
Removal of Tenant’s Property. Upon the expiration or earlier termination of the term of this Lease or upon any earlier termination thereof, Tenant shall remove at its own expense all trade fixtures, equipment, inventory, and personal property (collectively called “Tenant’s property”) in this Lease which were installed by Tenant or any subtenant, concessionaire or licensee in or upon the termination Premises. All equipment and personal property which existed in the Premises prior to the Lease Commencement shall remain thereon. In case of Tenant's right of possession any injury or damage to the building or any portion of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property’s property, Distinctive Property or Financed Personalty Tenant shall promptly be repaired at no cost or expense pay to Landlord the cost of repairing such injury or damage, excepting normal wear and tear over the term of the lease. Tenant shall also remove at its own expense all of its racking and mezzanine storage equipment, and shall repair, or promptly reimburse Landlord for the cost of repairing, all damage done to the Premises or the Building by such removal. Tenant shall complete all of the foregoing repairs, restoration and removal by the time provided in the first sentence of this Article 33 unless prevented from so doing by a delaying cause, or Landlord may, at Landlord’s option, retain any or all of Tenant’s property, and title thereto shall thereupon vest in Landlord without the execution of documents or sale or conveyance by Tenant; or Landlord may remove any or all items of Tenant’s property from the Premises and dispose of them in any manner Landlord sees fit, and Tenant shall be liable for pay upon demand to Landlord the actual expense of such cost removal and expense unless such repairs are made disposition together with interest from the date of payment by Landlord until repayment by Tenant, Franchisor or TE Lender, as the case may be.
Appears in 1 contract
Samples: Lease Agreement (Zumiez Inc)
Removal of Tenant’s Property. Upon Tenant's Property shall be and remain the property of Tenant and Tenant may remove the same at any time on or before the Expiration Date. On or prior to the Expiration Date or sooner termination of the Term, Tenant shall, at Tenant's expense, remove all of Tenant's Property and, unless otherwise directed by Landlord: (a) remove any Specialty Alteration and (b) close up any slab penetrations in the Premises. Landlord shall advise Tenant, at the time of Landlord's approval of the plans and specifications therefor, as to whether Tenant will be required to remove a Specialty Alteration, provided Tenant requests in writing (using bold letters) that Landlord advise of such removal obligation with submittal of the applicable plans and specifications. At least 30 days prior to commencing the removal of any Specialty Alterations or effecting such closings, Tenant shall notify Landlord of its intention to remove such Specialty Alterations or effect such closings, and if Landlord notifies Tenant within such 30 day period, Tenant shall not remove such Specialty Alterations or close such slab penetrations, and the Specialty Alterations not so removed shall become the property of Landlord upon the Expiration Date or sooner termination of the Term. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Tenant's removal of any Specialty Alterations or Tenant's Property or by the closing of any slab penetrations, and upon default thereof, Tenant shall reimburse Landlord, on demand, for Landlord's cost of repairing and restoring such damage. Any Specialty Alterations or Tenant's Property not removed on or before the Expiration Date or sooner termination of the Term shall be deemed abandoned and Landlord may either retain the same as Landlord's property or remove and dispose of same, and repair and restore any damage caused thereby, at Tenant's cost and without accountability to Tenant. This Section 5.3 shall survive the expiration or earlier termination of this Lease or the termination of Tenant's right of possession of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may beLease.
Appears in 1 contract
Samples: Lease (Advent Software Inc /De/)
Removal of Tenant’s Property. Upon Tenant’s Property shall remain the expiration or earlier termination of this Lease or the termination property of Tenant's right of possession of , and Tenant may remove the Premises onlysame at any time on or before the Expiration Date. On or prior to the Expiration Date, Tenant shall have the rightshall, at its sole cost and Tenant’s expense, for a period (i) remove all of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive ’s Property and the Financed Personalty, respectively, from the Premises, (provided that Tenant shall pay not be required to Landlord Rent due under Article 3 hereof for remove its cabling and wiring in the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If Premises if and to the extent that Tenant fails to remove such cabling and wiring is bundled and tagged in accordance with Landlord's commercially reasonable requirements therefor) and, unless otherwise directed by Landlord or as otherwise provided in this Lease, any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same Specialty Alterations from the Premises, provided that (ii) close up any slab penetrations in the Premises made by or on behalf of Tenant, and (iii) comply with Article 28 regarding removal of signs. Tenant shall pay repair and restore, in a good and workmanlike manner, any damage to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the Tenant’s removal of any Specialty Alterations, Tenant's Property, Distinctive ’s Property or Financed Personalty signage or by the closing of any slab penetrations, and upon default thereof, Tenant shall promptly reimburse Landlord for Landlord’s reasonable and actual out-of-pocket cost of repairing and restoring such damage. Any Specialty Alterations or Tenant’s Property or signage not so removed shall be repaired deemed abandoned and Landlord may retain or remove and dispose of same, and repair and restore any damage caused thereby, at no Tenant’s cost and without accountability to Tenant. Except as expressly provided above in this Section 5.3, all Alterations shall become Landlord’s property upon termination of this Lease. Notwithstanding anything to the contrary herein, and without limiting any other rights of Landlord hereunder, if Tenant fails to timely comply with its obligations under this Section 5.3 on or expense to Landlord and before the last day of the Term, Tenant shall be liable for such cost deemed to be holding over in the Premises, and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as thus subject to the case may beprovisions of Section 18.2 below.
Appears in 1 contract
Samples: Office Lease (1stdibs.com, Inc.)
Removal of Tenant’s Property. Upon Tenant's Property shall be ---------------------------- and remain the property of Tenant and Tenant may remove the same at any time on or before the Expiration Date. On or prior to the Expiration Date, Tenant shall, as may be directed by Landlord pursuant to this Section 5.3, at Tenant's expense, remove Specialty Alterations. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises caused by Tenant's removal of any Specialty Alterations or Tenant's Property or by the closing of any slab penetrations, and upon default thereof after ten (10) days' prior written notice, Tenant shall reimburse Landlord, on demand, for Landlord's reasonable cost of repairing and restoring such damage. Any Specialty Alterations required to be removed pursuant to this Section 5.3 or Tenant's Property not so removed shall be deemed abandoned and Landlord may remove and dispose of same, and repair and restore any damage caused thereby, at Tenant's reasonable cost and without accountability to Tenant unless the same are removed within five (5) Business Days after a written notice from Landlord to Tenant notifying Tenant that Tenant has failed to remove such items of personal property from the Premises and that the same will be deemed abandoned if not removed within five (5) Business Days thereafter. This Section 5.3 shall survive the expiration or earlier termination of this Lease or Lease. At least sixty (60) days prior to the termination expiration of the Term, Tenant shall deliver to Landlord a written notice setting forth which Specialty Alterations it intends to remove and Landlord shall, within thirty (30) days of receipt of such notice, identify any additional Specialty Alterations which must be removed and which must stay. No Specialty Alteration shall be required to be removed by Tenant unless, at the time of Tenant's right of possession request for Landlord's consent, Landlord designated such proposed Alteration as a Specialty Alteration to be removed (with Landlord being required to so designate any Specialty Alterations completed as part of the Premises only, Tenant shall have Initial Installations at the right, at its sole cost time it approves the Plans and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender Specifications or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may bechanges thereto).
Appears in 1 contract
Samples: Deed of Lease (Verisign Inc/Ca)
Removal of Tenant’s Property. Upon Tenant’s Property shall remain the expiration property of Tenant and Tenant may remove the same at any time on or before the Expiration Date. By not later than the Expiration Date, Tenant shall, at Tenant’s expense, remove all of Tenant’s Property from the Premises. In addition, by not later than the Expiration Date, unless otherwise directed by Landlord, Tenant shall, at Tenant’s expense, remove any Specialty Alterations and close up any slab penetrations made by or on behalf of Tenant in the Premises. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building arising out of or resulting from the removal by Tenant of any Alterations or Tenant’s Property or by the closing of any slab penetrations. If Tenant fails to perform any of its obligations under this Section 5.3, then Landlord may elect to perform any such obligations, in which event Tenant shall reimburse Landlord for all actual out-of-pocket costs and expenses incurred by Landlord. Any Alterations or Tenant’s Property not removed by the Expiration Date (or earlier termination of this Lease or the termination of Tenant's right of possession of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15Lease) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandonedabandoned and Landlord may retain or remove and dispose of same, and repair and restore any damage caused thereby, at Landlord's option Tenant’s cost and without liability or accountability to Tenant. All Tenant’s Property and all Alterations remaining in the Premises after the Expiration Date (or earlier termination of this Lease) shall become the Landlord’s property upon termination of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may bethis Lease.
Appears in 1 contract
Removal of Tenant’s Property. Upon Tenant’s Property shall remain the expiration or earlier termination property of this Lease or the termination of Tenant's right of possession of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to may remove the same from at any time on or before the Expiration Date. On or before the Expiration Date, Tenant shall, unless otherwise directed by Landlord, at Tenant’s expense, remove any Specialty Alterations and close up any slab penetrations in the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that if so requested by Tenant in writing at the time Tenant requests approval for any Alterations, and provided that Tenant shall expressly reference this Section 5.3, Landlord shall not useadvise Tenant in writing at the time of Landlord’s approval of such Alterations as to whether they are Specialty Alterations, suffer or permit and, if so, whether Landlord will waive its right to require that such Specialty Alterations be removed by Tenant from the use of Premises. Landlord’s failure to expressly waive such requirement in writing shall preserve Landlord’s right to exercise the foregoing election as respects such Alterations. Tenant shall repair and restore, in a good and workmanlike manner, any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Premises or the Building caused by or resulting from the Tenant’s removal of any Alterations or Tenant's Property, Distinctive ’s Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord by the closing of any slab penetrations, and upon default thereof, Tenant shall reimburse Landlord for Landlord’s cost of repairing and restoring such damage. Any Specialty Alterations or Tenant’s Property not so removed shall be liable for such deemed abandoned and Landlord may retain or remove and dispose of same, and repair and restore any damage caused thereby, at Tenant’s cost and expense unless such repairs are made by without accountability to Tenant, Franchisor or TE Lender, as the case may be. All other Alterations shall become Landlord’s property upon termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Inphi Corp)
Removal of Tenant’s Property. Upon Tenant’s Property shall remain the expiration property of Tenant and Tenant may remove the same at any time on or earlier termination of this Lease before the Expiration Date. On or prior to the termination Expiration Date, Tenant shall, at Tenant’s expense, remove all of Tenant's right of possession of ’s Property and, unless otherwise directed by Landlord, any Specialty Alterations from the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from close up any slab penetrations in the Premises. If Tenant shall repair and restore, in a good and workmanlike manner, any damage to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender Premises or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the Tenant’s removal of any Alterations or Tenant's Property, Distinctive ’s Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord by the closing of any slab penetrations, and upon default thereof, Tenant shall reimburse Landlord for Landlord’s cost of repairing and restoring such damage. Any Specialty Alterations or Tenant’s Property not so removed shall be liable for such deemed abandoned and Landlord may either retain same or remove and dispose of same, and repair and restore any damage caused thereby, at Tenant’s cost and expense unless without accountability to Tenant. All other Alterations shall become Landlord’s property upon termination of this Lease. Landlord shall advise Tenant at the time of Landlord’s approval of the plans and specifications therefor, as to whether Tenant will be required to remove a Specialty Alteration, provided Tenant requests in writing (using bold letters) that Landlord advise Tenant of such repairs are made by removal obligation with submittal of the applicable plans and specifications, and if Landlord shall fail to so advise, Landlord shall be deemed to have waived Tenant’s obligation to remove such Specialty Alteration. Section 5.4 Mechanic’s Liens. Tenant, Franchisor at its expense, shall discharge any lien or TE Lendercharge recorded or filed against the Real Property in connection with any work done or claimed to have been done by or on behalf of, as or materials furnished or claimed to have been furnished to, Tenant, within 30 days after Tenant’s receipt of notice thereof by payment, filing the case may bebond required by law or otherwise in accordance with law.
Appears in 1 contract
Samples: Lease Agreement
Removal of Tenant’s Property. Upon Tenant’s Property shall be and remain the property of Tenant and Tenant may remove the same at any time on or before the Expiration Date. On or prior to the Expiration Date or sooner termination of the Term, Tenant shall, at Tenant’s expense, remove all of Tenant’s Property and, unless otherwise directed by Landlord: (a) remove any Specialty Alteration and (b) close up any slab penetrations in the Premises. At least 30 days prior to commencing the removal of any Specialty Alterations or effecting such closings, Tenant shall notify Landlord of its intention to remove such Specialty Alterations or effect such closings, and if Landlord notifies Tenant within such 30 day period, Tenant shall not remove such Specialty Alterations or close such slab penetrations, and the Specialty Alterations not so removed shall become the property of Landlord upon the Expiration Date or sooner termination of the Term. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Tenant’s removal of any Specialty Alterations or Tenant’s Property or by the closing of any slab penetrations, and upon default thereof, Tenant shall reimburse Landlord, on demand, for Landlord’s cost of repairing and restoring such damage. Any Specialty Alterations or Tenant’s Property not removed on or before the Expiration Date or sooner termination of the Term shall be deemed abandoned and Landlord may either retain the same as Landlord’s property or remove and dispose of same, and repair and restore any damage caused thereby, at Tenant’s cost and without accountability to Tenant. This Section 5.3 shall survive the expiration or earlier termination of this Lease or Lease. Notwithstanding any provision of this Section 5.3 to the termination of Tenant's right of possession of the Premises onlycontrary, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails no obligation to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from Specialty Alteration located in the Premises during as of the Effective Date (and in the 17th Floor Premises as of the 17th Floor Premises Commencement Date and in the 22nd Floor Premises as of the 22nd Floor Premises Commencement Date), except any slab penetrations required in connection with any internal staircase located within such forty five (45) day period. If premises and to the extent that any such property remains on gym and associated restrooms located in the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may be24th Floor Premises.
Appears in 1 contract
Samples: Lease Agreement (Greenhill & Co Inc)
Removal of Tenant’s Property. Upon the expiration or earlier termination of the term of this Lease or upon any earlier termination thereof, Tenant shall remove at its own expense all trade fixtures, equipment, inventory, and personal property (collectively called “Tenant’s property”) in this Lease which were installed by Tenant or any subtenant, concessionaire or licensee in or upon the termination Premises. All equipment and personal property which existed in the Premises prior to the Lease Commencement shall remain thereon. In case of Tenant's right of possession any injury or damage to the building or any portion of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property’s property, Distinctive Property or Financed Personalty Tenant shall promptly be repaired at no cost or expense pay to Landlord the cost of repairing such injury or damage, excepting normal wear and tear over the term of the lease. Tenant shall also remove at its own expense all of its racking and mezzanine storage equipment, and shall repair, or promptly reimburse Landlord for the cost of repairing, all damage done to the Premises or the Building by such removal. Tenant shall complete all of the foregoing repairs, restoration and removal by the time provided in the first sentence of this Article 33 unless prevented from so doing by a delaying cause, or Landlord may, at Landlord’s option, retain any or all of Tenant’s property, and title thereto shall thereupon vest in Landlord without the execution of documents or sale or conveyance by Tenant; or Landlord may remove any or all items of Tenant’s property from the Premises and dispose of them in any manner Landlord sees fit, and Tenant shall be liable for pay upon demand to Landlord the actual expense of such cost removal and expense unless such repairs are made disposition together with interest from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Franchisor or TE Lender, with regards to Tenant’s Existing Premises including the 3,000 SF office addition as well as the case may be1,500 SF office build out within Building C, Tenant shall not be required to remove such office improvements upon expiration of this Lease. With regards to future ROFO Space, if Landlord has approved improvements requested by Tenant and at the time of approval Landlord has not requested that those improvements be removed at lease expiration, Landlord shall waive the requirement for Tenant to remove said improvements upon termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Zumiez Inc)
Removal of Tenant’s Property. Upon Tenant's Property shall be and remain the property of Tenant and Tenant may remove the same at any time on or before the Expiration Date. On or prior to the Expiration Date or sooner termination of the Term, Tenant shall, at Tenant's expense, remove all of Tenant's Property and, unless otherwise directed by Landlord: (a) remove any Specialty Alteration and (b) close up any slab penetrations in the Premises. At least 30 days prior to commencing the removal of any Specialty Alterations or effecting such closings, Tenant shall notify Landlord of its intention to remove such Specialty Alterations or effect such closings, and if Landlord notifies Tenant within such 30 day period, Tenant shall not remove such Specialty Alterations or close such slab penetrations, and the Specialty Alterations not so removed shall become the property of Landlord upon the Expiration Date or sooner termination of the Term. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Tenant's removal of any Specialty Alterations or Tenant's Property or by the closing of any slab penetrations, and upon default thereof, Tenant shall reimburse Landlord, on demand, for Landlord's cost of repairing and restoring such damage. Any Specialty Alterations or Tenant's Property not removed on or before the Expiration Date or sooner termination of the Term shall be deemed abandoned and Landlord may either retain the same as Landlord's property or remove and dispose of same, and repair and restore any damage caused thereby, at Tenant's cost and without accountability to Tenant. This Section 5.3 shall survive the expiration or earlier termination of this Lease or the termination of Tenant's right of possession of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may beLease.
Appears in 1 contract
Samples: Lease (Greenhill & Co Inc)
Removal of Tenant’s Property. Upon (a) In the expiration event:
(i) the Tenant fails to comply with clause 4.2(h) or earlier termination fails to remove such goods or waste material immediately upon the Landlord's notice to the Tenant to remove the same; or
(ii) this Agreement shall come to an end whether by effluxion of this Lease time or otherwise and the termination Tenant shall fail to remove any fittings, furniture, fixtures, plant, equipment or goods (which expression shall include personal property of every description) from the Premises (hereinafter together with the goods referred to in sub-paragraph 9.6(i)(a) above called "the Tenant's right of possession of Goods") or any rubbish or discarded articles forthwith, the Premises only, Tenant shall have the right, Landlord may at its sole and absolute discretion and at the cost and expenseexpense of the Tenant, for a period remove, store, dispose of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until or sell the Tenant's PropertyGoods and dispose of such rubbish, Distinctive Property and discarded articles or waste material as the Financed Personalty, as applicable, are removed from the Premises. If and Landlord thinks fit without being liable to account to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lendersame.
(b) Notwithstanding the Landlord's rights to deal with the Tenant's Goods, TE Lender rubbish or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such terminationdiscarded articles, the same Tenant shall be deemed abandonedto be holding over for the period during which such Tenant's Goods, rubbish or discarded articles remain on the Premises.
(c) Without prejudice to other rights and at remedies of the Landlord, the Landlord shall apply the proceeds of sale of the Tenant's option property, if any, after deducting the costs and expenses of removal, storage, disposal and sale incurred by the Landlord, towards discharging any arrears of Rent, GST, interest and any sums due from the Tenant to the Landlord under the provisions of this Agreement including such Rent and GST payable by the Tenant in respect of the period in which the Tenant is deemed to be holding over the Premises and the Landlord shall become be entitled to keep the balance thereof, if any.
(d) If there are no sale proceeds, or if such sale proceeds are insufficient, then all outstanding sums recoverable by the Landlord under this clause 9.6 shall be payable by the Tenant to the Landlord within seven (7) days of demand.
(e) The Tenant shall indemnify, defend and hold harmless the Landlord against any and all liability incurred by the Landlord to any third party whose property of Landlord and may be shall have been sold or disposed of as Land-lord may determine; provided, however, that by the Landlord Landlord Tenant in the bona fide belief (which shall not use, suffer or permit the use of any Distinctive Property be presumed unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage contrary be proved) that such property belonged to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly Tenant and was liable to be repaired at no cost or expense dealt with as such pursuant to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may bethis clause 9.6.
Appears in 1 contract
Samples: Tenancy Agreement
Removal of Tenant’s Property. Upon (a) All furniture, movable trade fixtures, and equipment installed by or on behalf of Tenant remains the expiration or earlier property of Tenant and must be removed by Tenant at its sole risk and expense at the termination of this Lease or the termination Lease. Any removal of Tenant's right property must be accomplished in a good and workmanlike manner so as not to damage the Leased Premises or the Project. Tenant shall promptly repair any damage to the Leased Premises or the Project caused by any removal. All furniture, movable trade fixtures, and equipment installed by Tenant not removed within 15 days after termination of the Lease are conclusively presumed to be abandoned by Tenant. Landlord may, at its option, take the possession of the Premises onlyproperty (including any special use improvements) and either (1) declare it to be the property of Landlord by notice to Tenant or (2) at the sole risk and expense of Tenant and without payment of any compensation to Tenant, remove it or any part thereof in any manner that Landlord chooses and store, sell, or otherwise dispose of it without incurring liability to Tenant or any other person. All amounts payable to Landlord under this Paragraph plus interest at the Interest Rate from date of payment by Landlord until paid by Tenant are due as additional Rent.
(b) Upon request of Landlord, Tenant shall have the rightalso remove, at its sole cost risk and expense, for any special use improvements installed by or on behalf of Landlord or Tenant in connection with the completion of the Tenant Finish Work or otherwise. Any such removal of special use improvements must be accomplished in a period of fifteen ( 15) days thereafter good and workmanlike manner so as not to remove damage the Leased Premises or the Project. Tenant shall, or Landlord may, in its sole discretion and at Tenant's Propertysole expense, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove repair any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building Leased Premises or the Project caused by or resulting from any such removal. The term special use improvements means all special improvements installed specifically for use by Tenant and includes, without limitation, telephone and data cables, computer floors and cables, cafeteria equipment, telephones and telephone equipment, supplemental air conditioning units and related equipment, equipment supplying excess electricity to the removal of Tenant's PropertyLeased Premises, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may besimilar items.
Appears in 1 contract
Samples: Office Lease (Data Return Corp)
Removal of Tenant’s Property. Upon Tenant shall remove all of Tenant's Property (and any Leasehold Improvements as Landlord may direct) prior to the expiration or earlier termination of this Lease Termination Date or the termination of Tenant's right of possession to possession. Tenant shall repair any damage to the remaining Leasehold Improvements, the Leased Premises or any other portion of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during Building caused by such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premisesremoval. If and to the extent that Tenant fails to timely remove any of such property by the expiration of said fifteen (15) day perioditems, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same they shall be deemed abandoned, considered as abandoned and at Landlord's option shall become the property of Landlord, or Landlord may have them removed and may disposed of. Notwithstanding the foregoing, Landlord shall only be sold entitled to require that Tenant remove at the expiration or disposed termination of as Land-lord may determine; providedthe Term the following items and restore the affected area to the condition existing prior to the installation of any such items: any vault, howeversafe, file systems (exclusive of typical and customary file cabinets in individual offices or secretarial stations), interior staircases between floors or similar items or any items that Landlord determines in its reasonable discretion are not typically found in office space in first-class office buildings in the Xxxxxxxxxx County, Maryland area or would cost more to remove than typical leasehold improvements (such as partitions) typically found in office space in first-class office buildings in the Xxxxxxxxxx County, Maryland area. The foregoing provisions of this Article IX shall not use, suffer or permit be construed as Landlord's consent to Tenant installing any of the use of foregoing items and any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage such installation must be approved by Landlord pursuant to the Building caused by or resulting from terms of this Lease. Notwithstanding the removal of Tenant's Propertyforegoing, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall not be liable for required to remove any item of Leasehold Improvements if at the time Tenant requests Landlord's approval of the installation of such cost item of Leasehold Improvements, Tenant specifically requests in writing that such item be permitted to remain in the Leased Premises at the expiration or termination of the Term and expense Landlord so approves such request. Tenant shall not be required to remove any item of Tenant Work clearly shown on the Construction Documents (hereinafter defined), unless at the time that Landlord approves the Construction Documents pursuant to Paragraph 2(A) of Exhibit B, Landlord provides Tenant notice that such repairs are made by Tenant, Franchisor or TE Lender, as the case may beitem must be removed.
Appears in 1 contract
Removal of Tenant’s Property. Upon Except to the extent Tenant requests and ---------------------------- Landlord designated otherwise at the time of Landlord's approval of the Alterations or Tenant's repair or replacement, all or any part of the Tenant's Property (excluding any items of Tenant's personal property, furniture, and business trade fixtures which subject to Section 22.9 herein, shall be removed by Tenant at the expiration or earlier termination of this Lease or be subject to the termination terms of Tenant's right Section 22.5 herein), whether made with or without the consent of possession of the Premises onlyLandlord, Tenant shall have the rightshall, at the election of Landlord, either be removed by Tenant at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by expense before the expiration of said fifteen the Term (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from restore the Premises during such forty five (45to its prior condition reasonable wear and tear, and damage by fire or other casualty excepted) day period. If and to the extent that any such property remains on or shall remain upon the Premises on and be surrendered therewith at the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance, molestation or injury and may be sold in good operating condition. Notwithstanding, Tenant shall retain ownership of its interior decorative glass windows and shall remove such glass at the expiration or disposed termination of as Land-lord may determine; provided, however, that Landlord the Term and shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliteratedinstall suitable replacement glass. Any and all damage or injury to the Premises or the Building caused by the moving or resulting removal of the Tenant's Property into or out of the Premises, or due to the same being on the Premises, shall be repaired by Landlord, at the expense of Tenant and paid to Landlord upon demand plus interest thereon at the Interest Rate accruing five (5) days after the date of repair until paid. Tenant shall promptly remove from the removal Common Area any of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may bethere deposited.
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Removal of Tenant’s Property. Upon All Building Standard Installations (as defined in Article 13 of this Lease) shall be the expiration property of Landlord and shall not be removed by Tenant without the prior approval of Landlord. All Above Building Standard Installations (as defined in Article 14 of this Lease) and Tenant’s Property shall be and, except as hereinafter provided, shall remain the property of Tenant. On or earlier prior to the Expiration Date or sooner termination of the Term, Tenant shall, at Tenant’s expense, remove all of Tenant’s Property and, unless otherwise directed by Landlord: (i) close up any slab penetrations in the Premises and (ii) remove any Alterations which are not standard office installations, including kitchen facilities, raised floors, internal stairways, vaults, private lavatories, libraries, vertical transportation systems, reinforced floor areas, and supplemental air-conditioning systems (collectively, “Specialty Alterations”) (all Specialty Alterations shall be deemed to be Above Building Standard Installations for all purposes of this Lease Lease). At least thirty (30) days prior to commencing the removal of any Specialty Alterations or the termination closing of Tenant's right of possession of the Premises onlyany slab penetrations, Tenant shall have the right, at notify Landlord of its sole cost and expense, for a period of fifteen ( 15) days thereafter intention to remove Tenant's Propertysuch Specialty Alterations or effect such closings, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that if Landlord notifies Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during within such fifteen thirty (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (1530) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender not remove such Specialty Alterations or Franchisor remove the same from the Premises during close such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandonedslab penetrations, and at Landlord's option the Specialty Alterations not so removed shall become the property of Landlord upon the Expiration Date or sooner termination of the Term. Tenant shall repair and may be sold or disposed of as Land-lord may determine; providedrestore, howeverin a good and workmanlike manner, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Premises or the Building caused by or resulting from the Tenant’s removal of any Alterations or Tenant's ’s Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense by the closing of any slab penetrations, and if Tenant fails to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by do so, Tenant, Franchisor or TE Lender, as the case may be.
Appears in 1 contract
Samples: Lease Agreement (Pzena Investment Management, Inc.)
Removal of Tenant’s Property. Upon (a) In the expiration event:
(i) the Tenant fails to comply with clause 4.2(h) or earlier termination fails to remove such goods or waste material immediately upon the Landlord's notice to the Tenant to remove the same; or
(ii) this Agreement shall come to an end whether by effluxion of this Lease time or otherwise and the termination Tenant shall fail to remove any fittings, furniture, fixtures, plant, equipment or goods (which expression shall include personal property of every description) from the Premises (hereinafter together with the goods referred to in sub-paragraph 9.6(i)(a) above called "the Tenant's right of possession of Goods") or any rubbish or discarded articles forthwith, the Premises only, Tenant shall have the right, Landlord may at its sole and absolute discretion and at the cost and expenseexpense of the Tenant, for a period remove, store, dispose of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until or sell the Tenant's PropertyGoods and dispose of such rubbish, Distinctive Property and discarded articles or waste material as the Financed Personalty, as applicable, are removed from the Premises. If and Landlord thinks fit without being liable to account to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lendersame.
(b) Notwithstanding the Landlord's rights to deal with the Tenant's Goods, TE Lender rubbish or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such terminationdiscarded articles, the same Tenant shall be deemed abandonedto be holding over for the period during which such Xxxxxx's Goods, rubbish or discarded articles remain on the Premises.
(c) Without prejudice to other rights and at remedies of the Landlord, the Landlord shall apply the proceeds of sale of the Tenant's option property, if any, after deducting the costs and expenses of removal, storage, disposal and sale incurred by the Landlord, towards discharging any arrears of Rent, GST, interest and any sums due from the Tenant to the Landlord under the provisions of this Agreement including such Rent and GST payable by the Tenant in respect of the period in which the Tenant is deemed to be holding over the Premises and the Landlord shall become be entitled to keep the balance thereof, if any.
(d) If there are no sale proceeds, or if such sale proceeds are insufficient, then all outstanding sums recoverable by the Landlord under this clause 9.6 shall be payable by the Tenant to the Landlord within seven (7) days of demand.
(e) The Tenant shall indemnify, defend and hold harmless the Landlord against any and all liability incurred by the Landlord to any third party whose property of Landlord and may be shall have been sold or disposed of as Land-lord may determine; provided, however, that by the Landlord Landlord Tenant in the bona fide belief (which shall not use, suffer or permit the use of any Distinctive Property be presumed unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage contrary be proved) that such property belonged to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly Tenant and was liable to be repaired at no cost or expense dealt with as such pursuant to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may bethis clause 9.6.
Appears in 1 contract
Samples: Tenancy Agreement
Removal of Tenant’s Property. Upon Tenant's Property shall be and remain the expiration property of Tenant and Tenant may remove the same at any time on or earlier before the Expiration Date. On or prior to the Expiration Date or sooner termination of this Lease or the termination Term, Tenant shall, at Tenant's expense, remove all of Tenant's right Property and, unless otherwise directed by Landlord, remove any Specialty Alteration. Landlord shall advise Tenant at the time of possession Landlord's approval of the Premises onlyplans and specifications therefor, as to whether Tenant will be required to remove a Specialty Alteration other than as aforesaid, provided Tenant requests in writing (using bold letters) that Landlord advise Tenant of such removal obligation with submittal of the applicable plans and specifications, and if Landlord shall fail to so advise, Landlord shall be deemed to have waived Tenant's obligation to remove such Specialty Alteration. At least 30 days prior to commencing the removal of any Specialty Alterations Tenant shall notify Landlord of its intention to remove such Specialty Alterations, and if Landlord notifies Tenant within such 30 day period, Tenant shall have the rightnot remove such Specialty Alterations, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are Specialty Alterations not so removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord upon the Expiration Date or sooner termination of the Term. Tenant shall repair and may be sold or disposed of as Land-lord may determine; providedrestore, howeverin a good and workmanlike manner, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Premises or the Building caused by or resulting from the Tenant's removal of any Specialty Alterations or Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and upon default thereof, Tenant shall reimburse Landlord, on demand, for Landlord's cost of repairing and restoring such damage. Any Specialty Alterations or Tenant's Property not removed on or before the Expiration Date or sooner termination of the Term shall be liable for such deemed abandoned and Landlord may either retain the same as Landlord's property or remove and dispose of same, and repair and restore any damage caused thereby, at Tenant's cost and expense unless such repairs are made by without accountability to Tenant. Other than as described in this Section, Franchisor Tenant shall have no obligation to remove any Alterations from the Premises upon the expiration or TE Lender, as sooner termination of the case may beTerm.
Appears in 1 contract
Samples: Lease (Greenhill & Co Inc)
Removal of Tenant’s Property. Upon the expiration or earlier termination of this Lease or the termination of Tenant's ’s right of possession of the Premises only, Tenant shall have the rightshall, at its sole cost and expense, for a period of fifteen ( (15) days thereafter to remove Tenant's ’s Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's ’s Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty thirty (4530) days thereafter to remove the same from the Premises, provided provided, that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five thirty (4530) day period. If and to the extent that any such property remains on the Premises on the sixtieth forty-fifth (60th45th) day after such termination, the same shall be deemed abandoned, and at Landlord's ’s option shall become the property of Landlord and may be sold or disposed of as Land-lord Landlord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's ’s Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may be.
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Removal of Tenant’s Property. Upon On or before the Expiration Date, Tenant, at Tenant’s expense, shall remove Tenant’s Property from the Premises. Unless otherwise directed by Xxxxxxxx, on or before the Expiration Date, Tenant, at Tenant’s expense, shall (i) remove all Specialty Alterations (as defined in Exhibit B-Definitions) and close up any slab penetrations at the Premises; and (ii) remove all other Alterations (other than Decorative Alterations). The foregoing notwithstanding, Tenant shall only be required to remove Specialty Alterations and/or other Alterations if at the time that Tenant submits its plans for such Specialty Alterations and/or other Alterations, at Tenant’s written request, Landlord provides written notification to Tenant that Tenant will be required to remove such Specialty Alterations and/or Alterations on or before the Expiration Date. Tenant, at Tenant’s expense, shall repair and restore in a good and workmanlike manner any damage to the Premises and/or the Building caused by Xxxxxx’s removal of Tenant’s Property and any Alterations. If Tenant fails to so remove any of Tenant’s Property and/or any Alterations that Tenant is required to remove, the same shall be deemed abandoned and Landlord may remove and dispose of same, and repair and restore any damage caused thereby, at Tenant’s expense, and without accountability to Tenant. All Alterations that Landlord does not require Tenant to remove as aforesaid shall become Landlord’s property upon the expiration or earlier termination of this Lease or the termination of Tenant's right of possession of the Premises onlyLease. The foregoing notwithstanding, Tenant shall have no obligation (i) if Landlord does not timely deliver the rightSwap Notice to Tenant under Section 2.1(b), at its sole cost to reinstall the internal staircase between the fourteenth (14th) and expensefifteenth (15th) floors (i.e., for a period of fifteen ( 15the Slab Repair Work stairwell if Landlord does not timely deliver the Swap Notice to Tenant under Section 2.1(b)); (ii) days thereafter if Landlord timely delivers the Swap Notice to Tenant under Section 2.1(b), to reinstall the internal staircase between the thirteenth (13th) and fourteenth (14th) floors (i.e., the Slab. Repair Work stairwell if Landlord timely delivers the Swap Notice to Tenant under Section 2.1(b)); (iii) to close up any slab and/or stairwell penetrations or to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from any stairwells (whether now or hereafter created or installed) at the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15iv) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen cables or wiring, (15v) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove any raised computer floors, and (vi) to remove any Supplemental HVAC Units and related equipment on any floor of the same from Premises so long as Tenant does not leave more than two (2) such Supplemental HVAC Units on any floor of the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for upon the actual number expiration or earlier termination of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may bethis Lease.
Appears in 1 contract
Samples: Deed of Lease (Carlyle Group L.P.)
Removal of Tenant’s Property. Upon Tenant’s Property shall remain the property of Tenant and, subject to the provisions of Paragraph 22 hereof, Tenant may remove the same at any time on or before the Lease Expiration Date. On or prior to the Lease Expiration Date, Tenant shall, unless otherwise directed by Landlord, at Tenant’s expense: (a) remove any Specialty Improvements constructed after the Effective Date, unless Tenant receives written approval from Landlord at the time Landlord approves any such Specialty Improvements to surrender such Specialty Improvements with the Premises; and (b) close up any slab penetrations in the Premises. Tenant shall not be obligated to remove any Specialty Improvements which are part of the existing Leasehold Improvements as of the Effective Date. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Tenant’s removal of any Alterations or Tenant’s Property, or by the closing of any slab penetrations, and, upon default thereof, Tenant shall reimburse Landlord for Landlord’s reasonable, out-of-pocket cost of repairing and restoring such damage. Any Specialty Improvements and Tenant’s Property not so removed shall be deemed abandoned, notwithstanding that title to or a security interest in such personal property may be held by an individual or entity other than Tenant, and Landlord may remove and dispose of same in any manner it deems proper, in its sole discretion, and repair and restore any damage caused thereby, at Tenant’s cost and without accountability to Tenant. Tenant hereby waives and releases any claim against Landlord arising out of the removal or disposition of such Specialty Improvements and/or Tenant’s Property, and Tenant hereby agrees to indemnify and hold Landlord harmless from and against the claims of all third parties resulting from such removal, provided that such removal is performed by Landlord with due care. Except as set forth above in this Paragraph 13.3, Tenant may elect to either: (i) surrender any Alterations with the Premises; or (ii) remove, at it’s sole cost and expense, any Alterations and repair any damage to the Premises and/or the Building caused by such removal. If Tenant fails to repair any damage caused by the removal of any Alterations, Landlord may do so and may charge the cost thereof to Tenant. All Alterations which Tenant does not remove from the Premises shall become Landlord’s property upon expiration or earlier termination of this Lease. Tenant’s obligations under this Paragraph 13.3 shall survive the expiration or earlier termination of this Lease or the termination of Tenant's right of possession of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage to the Building caused by or resulting from the removal of Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may beLease.
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Removal of Tenant’s Property. Upon Subject to the terms of any security interest of Landlord, within 15 days following the expiration or earlier termination of this Lease or the termination of Tenant's right of possession repossession of the Premises onlyby Landlord without termination, whichever first occurs, by way of default or otherwise, Tenant shall remove all goods, merchandise, equipment (except to the extent such equipment constitutes fixtures), furniture and other materials, supplies and tangible personal property of every nature belonging to Tenant presently or which may hereafter be situated on the Premises (collectively "Tenant's Property"). Tenant shall remove any Alterations (including, without limitation, equipment which constitute fixtures or other Tenant improvements) only if and to the extent required by Landlord by notice to Tenant pursuant to Section 8.2, above. Any and all Tenant's Property not removed within such 15-day period shall irrevocably become the sole property of Landlord. Tenant waives all rights to notice and all common law and statutory claims and causes of action which it may have against Landlord subsequent to said 15-day period as regards the rightstorage, at its sole cost destruction, damage and loss of use and ownership of the Tenant's Property affected by the terms of this Section. Tenant acknowledges Landlord's need to relet the Premises upon termination of this Lease or repossession of the Premises, and understands that the forfeitures and waivers provided herein are necessary to facilitate such reletting. Nothing in this Section shall constitute the assumption or waiver by Landlord of any obligation of Tenant with respect to such Tenant's Property. Tenant shall indemnify Landlord and hold Landlord entirely harmless from any cost, expense, for a period of fifteen ( 15) days thereafter claim, liability or obligation with respect to remove Tenant's Property, Distinctive Property and including without limitation any cost of removal, disposal, restoration of the Financed PersonaltyPremises or otherwise. Notwithstanding anything to the contrary in this Section, respectively, from Landlord shall have the Premises, provided that Tenant shall pay absolute right to Landlord Rent due under Article 3 hereof for the actual number disclaim any interest in any or all of days which elapse during such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premises. If and to the extent that Tenant fails to remove any of such property by the expiration of said fifteen (15) day period, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days in which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same shall be deemed abandoned, and at Landlord's option shall become the property of Landlord and may be sold or disposed of as Land-lord may determine; provided, however, that case Landlord shall not use, suffer or permit the use of any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage be deemed to the Building caused by or resulting from the removal of have ever been in title to such Tenant's Property, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall be liable for such cost and expense unless such repairs are made by Tenant, Franchisor or TE Lender, as the case may be.
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Removal of Tenant’s Property. Upon Tenant shall remove all of Tenant’s Property (and any Leasehold Improvements as Landlord may direct) prior to the expiration or earlier termination of this Lease Termination Date or the termination of Tenant's ’s right of possession to possession. Tenant shall repair any damage to the remaining Leasehold Improvements, the Leased Premises or any other portion of the Premises only, Tenant shall have the right, at its sole cost and expense, for a period of fifteen ( 15) days thereafter to remove Tenant's Property, Distinctive Property and the Financed Personalty, respectively, from the Premises, provided that Tenant shall pay to Landlord Rent due under Article 3 hereof for the actual number of days which elapse during Building caused by such fifteen (15) day period until the Tenant's Property, Distinctive Property and the Financed Personalty, as applicable, are removed from the Premisesremoval. If and to the extent that Tenant fails to timely remove any of such property by the expiration of said fifteen (15) day perioditems, Landlord agrees that Tenant Lender, TE Lender and Franchisor each shall have the right for a period of forty (45) days thereafter to remove the same from the Premises, provided that Tenant shall pay to Landlord Rent due hereunder for the actual number of days which elapse until Tenant Lender, TE Lender or Franchisor remove the same from the Premises during such forty five (45) day period. If and to the extent that any such property remains on the Premises on the sixtieth (60th) day after such termination, the same they shall be deemed abandoned, considered as abandoned and at Landlord's option shall become the property of Landlord, or Landlord may have them removed and may disposed of. Notwithstanding anything contained herein to the contrary, Landlord shall only be sold entitled to require that Tenant remove at the expiration or disposed termination of as Land-lord may determine; providedthe Term the following items and restore the affected area to the condition existing prior to the installation of any such items: any vault, howeversafe, file systems (exclusive of typical and customary file cabinets in individual offices or secretarial stations), interior staircases between floors or similar items or any items that Landlord determines in its reasonable discretion are not typically found in office space in first-class office buildings in the Xxxxxxxxxx County, Maryland area or would cost more to remove than typical leasehold improvements (such as partitions) typically found in office space in first-class office buildings in the Xxxxxxxxxx County, Maryland area (collectively referred to as “Required Removable Items”). The foregoing provisions of this Article IX shall not use, suffer or permit be construed as Landlord’s consent to Tenant installing any of the use of foregoing items and any Distinctive Property unless the attributes or features thereof associated with Tenant or Franchisor are removed or obliterated. Any and all damage such installation must be approved by Landlord pursuant to the Building caused by or resulting from terms of this Lease. Notwithstanding the removal of Tenant's Propertyforegoing, Distinctive Property or Financed Personalty shall promptly be repaired at no cost or expense to Landlord and Tenant shall not be liable for required to remove any item of Leasehold Improvements if at the time Tenant requests Landlord’s approval of the installation of such cost item of Leasehold Improvements, Tenant specifically requests in writing that such item be permitted to remain in the Leased Premises at the expiration or termination of the Term and expense Landlord so approves such request. Tenant shall not be required to remove any item of Tenant Work clearly shown on the Construction Documents (hereinafter defined), unless at the time that Landlord approves the Construction Documents pursuant to Paragraph 2(A) of Exhibit B, Landlord determines that such repairs are made by Tenant, Franchisor or TE Lender, as the case may beitem is a Required Removable Item and Landlord provides Tenant notice that such item must be removed.
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