Common use of REMOVAL/RESTORATION Clause in Contracts

REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by TENANT shall remain TENANT’s personal property with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONS. At TENANT’s option, TENANT’s personal property may be removed by TENANT at any time during the Term with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONS. LANE COUNTY covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by TENANT will become, or be considered as being, affixed to or a part of the Property, it being the specific intention of LANE COUNTY that all improvements of every kind and nature constructed, erected or placed by TENANT on the Premises remain the property of TENANT and may be removed by TENANT at any time during the Term with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONS. Within one hundred twenty (120) days of the termination of this Agreement, TENANT shall remove all of TENANT’s above-ground improvements with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONS. TENANT shall, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond TENANT’s control excepted. Notwithstanding the foregoing, TENANT shall not be responsible for the replacement of any trees, shrubs or other vegetation, nor shall TENANT be required to remove from the Premises or the Property any underground utilities.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement

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REMOVAL/RESTORATION. All portions of the Communication Facility Pump Station brought onto the Property by TENANT shall Tenant will be and remain TENANT’s personal Tenant's property with the exception of items noted in ATTACHMENT Band, SITE STANDARDS AND SPECIFICATIONS. At TENANT’s at Tenant's option, TENANT’s personal property may be removed by TENANT Tenant at any time during the Term Term; provided, however, the Tenant agrees that upon Xxxxxxxx’s election to tie into the Pump Station pursuant to Section 18 hereof and upon full construction of the Pump Station and achievement by Tenant of the Rent Commencement Date, the Tenant shall not, unless allowed by applicable Law and with Landlord’s written consent which consent shall not be unreasonably withheld, conditioned or delayed, remove the exception entirety of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONSthe Pump Station during the Term. LANE COUNTY Landlord covenants and agrees that no part of the Communication Facility Pump Station constructed, erected or placed on the Premises by TENANT Tenant will become, or be considered as being, being affixed to or a part of of, the Property, it being the specific intention of LANE COUNTY the Landlord that all improvements of every kind and nature constructed, erected or placed by TENANT Tenant on the Premises will be and remain the property of TENANT and may be removed by TENANT at any time during the Term with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONSTenant. Within one hundred twenty eighty (120180) days of the termination or expiration of this Agreement, TENANT shall remove all of TENANTif required by Landlord and allowed pursuant to applicable Laws, Tenant, at Tenant’s above-ground improvements with the exception of items noted in ATTACHMENT Bsole cost and expense, SITE STANDARDS AND SPECIFICATIONS. TENANT shallwill, to the extent reasonableallowed under applicable Laws, restore remove the Premises to its condition at Pump Station and all equipment and property associated therewith, and shall maintain the commencement insurance required by Section 9 during such removal work. Landlord shall notify Tenant in writing within thirty (30) days following such termination or expiration of this Agreement if Landlord requests removal of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond TENANT’s control exceptedPump Station. Notwithstanding the foregoing, TENANT shall Tenant will not be responsible for the replacement of any trees, shrubs shrubs, or other vegetation, vegetation nor shall TENANT will Tenant be required to remove from the Premises or the Property any foundations or underground utilities. Tenant shall restore the Premises to as nearly the condition it was in at the commencement of this Agreement, reasonable wear and tear excepted. Tenant’s obligations under this Section 14 shall survive termination or expiration of this Agreement.

Appears in 1 contract

Samples: Land Lease Agreement

REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by TENANT shall Tenant will be and remain TENANTTenant’s personal property with the exception of items noted in ATTACHMENT Band, SITE STANDARDS AND SPECIFICATIONS. At TENANT’s at Tenant's option, TENANT’s personal property may be removed by TENANT Tenant at any time during the Term with but shall in all events be removed promptly and the exception Premises restored to their condition at the commencement of items noted in ATTACHMENT Bthe Term hereof, SITE STANDARDS AND SPECIFICATIONSreasonable wear and tear and loss by casualty excepted, at Tenant’s sole expense upon the expiration hereof. LANE COUNTY In the event of any early termination of this Agreement, Tenant shall have a period of thirty (30) days after such termination to remove the Communication Facility and all of Tenant’s personal property from and to restore the Premises to their condition at the commencement of this Agreement. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by TENANT Tenant will become, or be considered as being, being affixed to or a part of of, the Property, it being the specific intention of LANE COUNTY Landlord that all improvements of every kind and nature constructed, erected or placed by TENANT Tenant on the Premises will be and remain the property of TENANT Tenant and may be removed by TENANT Tenant at any time during the Term with and shall be removed afterwards on the exception of items noted in ATTACHMENT Bterms above. Tenant will repair, SITE STANDARDS AND SPECIFICATIONS. Within one hundred twenty (120) days of the termination of this Agreementat its sole expense, TENANT shall remove all of TENANT’s above-ground improvements with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONS. TENANT shall, any damage to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond TENANTProperty resulting from Xxxxxx’s control exceptedremoval activities. Notwithstanding the foregoing, TENANT shall Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation, nor vegetation installed by Tenant during the Term. In the event that Tenant shall TENANT be required to not timely and fully remove from its equipment etc. and restore the Premises as set forth above, Landlord (or its agents) shall have the Property any underground utilitiesright to conduct such removal and restoration on the account of and for Tenant, return Xxxxxx’s personal property to Tenant at the address first set forth above and charge Tenant all reasonable costs and expenses therefor, which shall be due and payable in full within thirty (30) days of presentment of an itemized statement of such charges.

Appears in 1 contract

Samples: Land Lease Agreement

REMOVAL/RESTORATION. At the end of the Initial and Extension terms or upon Tenant termination pursuant to Section 6(d) or (e), provided however, that Landlord shall have no right to opt to obtain title to the tower if Tenant’s basis for termination under Section 6(e) is in connection with a right to terminate under the following Lease sections: 5 Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 11(d) Environmental, or 18 Condemnation . If Tenant terminates under Section 6(d) or Section 6(e) merely for convenience, unrelated to the exceptions set forth in the preceding sentence, Landlord may opt to obtain, at the cost of $1.00 paid to Tenant , the support structure and the Public Safety Antenna upon reasonable prior written notice to Tenant provided at least one hundred and eighty (180) days prior to the expiration of the Term. All other portions of the Communication Facility brought onto the Property by TENANT shall will be and remain TENANTTenant’s personal property with the exception of items noted in ATTACHMENT Band, SITE STANDARDS AND SPECIFICATIONS. At TENANT’s at Tenant's option, TENANT’s personal property may be removed by TENANT Tenant at any time during or after the Term with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONSTerm. LANE COUNTY Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by TENANT Tenant will become, or be considered as being, being affixed to or a part of of, the Property, it being the specific intention of LANE COUNTY Landlord that all improvements of every kind and nature constructed, erected or placed by TENANT Tenant on the Premises will be and remain the property of TENANT Tenant and may be removed by TENANT Tenant at any time during or after the Term with the exception of items noted except for Landlord’s retention option delineated above in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONSthis Paragraph 13. Within one hundred twenty (120) days of the termination of this Agreement, TENANT shall remove all of TENANT’s above-ground improvements with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONS. TENANT shall, Tenant will repair any damage to the extent reasonable, restore the Premises to its condition Property resulting from Tenant’s removal activities at the commencement of the Agreement, reasonable wear Tenant’s sole cost and tear and loss by casualty or other causes beyond TENANT’s control excepted. Notwithstanding the foregoing, TENANT shall not be responsible for the replacement of any trees, shrubs or other vegetation, nor shall TENANT be required to remove from the Premises or the Property any underground utilitiesexpense.

Appears in 1 contract

Samples: Land Lease Agreement

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REMOVAL/RESTORATION. At the end of the Initial and Extension terms or upon Tenant termination pursuant to Section 6(d) or (e), provided however, that Landlord shall have no right to opt to obtain title to the tower if Tenant’s basis for termination under Section 6(e) is in connection with a right to terminate under the following Lease sections: 5 Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 11(d) Environmental, or 18 Condemnation . If Tenant terminates under Section 6(d) or Section 6(e) merely for convenience, unrelated to the exceptions set forth in the preceding sentence, Landlord may opt to obtain, at the cost of $1.00 paid to Tenant , the support structure and the Public Safety Antenna upon reasonable prior written notice to Tenant provided at least one hundred and eighty (180) days prior to the expiration of the Term. All other portions of the Communication Facility brought onto the Property by TENANT shall will be and remain TENANTTenant’s personal property with the exception of items noted in ATTACHMENT Band, SITE STANDARDS AND SPECIFICATIONS. At TENANT’s at Tenant's option, TENANT’s personal property may be removed by TENANT Tenant at any time during or after the Term with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONSTerm. LANE COUNTY Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by TENANT Tenant will become, or be considered as being, being affixed to or a part of of, the Property, it being the specific intention of LANE COUNTY Landlord that all improvements of every kind and nature constructed, erected or placed by TENANT Tenant on the Premises will be and remain the property of TENANT Tenant and may be removed by TENANT Tenant at any time during or after the Term with the exception of items noted except for Xxxxxxxx’s retention option delineated above in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONSthis Paragraph 13. Within one hundred twenty (120) days of the termination of this Agreement, TENANT shall remove all of TENANT’s above-ground improvements with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONS. TENANT shall, Tenant will repair any damage to the extent reasonable, restore the Premises to its condition Property resulting from Xxxxxx’s removal activities at the commencement of the Agreement, reasonable wear Tenant’s sole cost and tear and loss by casualty or other causes beyond TENANT’s control excepted. Notwithstanding the foregoing, TENANT shall not be responsible for the replacement of any trees, shrubs or other vegetation, nor shall TENANT be required to remove from the Premises or the Property any underground utilitiesexpense.

Appears in 1 contract

Samples: Land Lease Agreement

REMOVAL/RESTORATION. All portions of the Communication Facility Pump Station brought onto the Property by TENANT shall Tenant will be and remain TENANT’s personal Tenant's property with the exception of items noted in ATTACHMENT Band, SITE STANDARDS AND SPECIFICATIONS. At TENANT’s at Tenant's option, TENANT’s personal property may be removed by TENANT Tenant at any time during the Term Term; provided, however, the Tenant agrees that upon Landlord’s election to tie into the Pump Station pursuant to Section 18 hereof and upon full construction of the Pump Station and achievement by Tenant of the Rent Commencement Date, the Tenant shall not, unless allowed by applicable Law and with Landlord’s written consent which consent shall not be unreasonably withheld, conditioned or delayed, remove the exception entirety of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONSthe Pump Station during the Term. LANE COUNTY Landlord covenants and agrees that no part of the Communication Facility Pump Station constructed, erected or placed on the Premises by TENANT Tenant will become, or be considered as being, being affixed to or a part of of, the Property, it being the specific intention of LANE COUNTY the Landlord that all improvements of every kind and nature constructed, erected or placed by TENANT Tenant on the Premises will be and remain the property of TENANT and may be removed by TENANT at any time during the Term with the exception of items noted in ATTACHMENT B, SITE STANDARDS AND SPECIFICATIONSTenant. Within one hundred twenty eighty (120180) days of the termination or expiration of this Agreement, TENANT shall remove all of TENANTif required by Landlord and allowed pursuant to applicable Laws, Tenant, at Tenant’s above-ground improvements with the exception of items noted in ATTACHMENT Bsole cost and expense, SITE STANDARDS AND SPECIFICATIONS. TENANT shallwill, to the extent reasonableallowed under applicable Laws, restore remove the Premises to its condition at Pump Station and all equipment and property associated therewith, and shall maintain the commencement insurance required by Section 9 during such removal work. Landlord shall notify Tenant in writing within thirty (30) days following such termination or expiration of this Agreement if Landlord requests removal of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond TENANT’s control exceptedPump Station. Notwithstanding the foregoing, TENANT shall Tenant will not be responsible for the replacement of any trees, shrubs shrubs, or other vegetation, vegetation nor shall TENANT will Tenant be required to remove from the Premises or the Property any foundations or underground utilities. Tenant shall restore the Premises to as nearly the condition it was in at the commencement of this Agreement, reasonable wear and tear excepted. Tenant’s obligations under this Section 14 shall survive termination or expiration of this Agreement.

Appears in 1 contract

Samples: Land Lease Agreement

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