Common use of Removal Upon Termination Clause in Contracts

Removal Upon Termination. Upon the termination of this ------------------------ Lease or Tenant's right of possession Tenant shall remove from the Premises and Project its trade fixtures, furniture, moveable equipment and other personal property, any improvements and Tenant's Property which Landlord has elected to be removed by Tenant pursuant to Section 5D, and any improvements by Tenant to any portion of the Project other than the Premises. Unless otherwise specified by Landlord at the time Landlord approves the plans for the Tenant Improvements, Tenant shall not be required to remove any of the initial Tenant Improvements constructed within the Premises pursuant to Exhibit C. Tenant shall repair all damage caused by the installation or removal of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or score any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects abandonment. Tenant shall pay to Landlord, upon demand, any expenses incurred for disposition.

Appears in 2 contracts

Samples: Wavesplitter Technologies Inc, Wavesplitter Technologies Inc

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Removal Upon Termination. Upon the termination of this ------------------------ Lease Sublease or Tenant's Subtenant’s right of possession Tenant possession, Subtenant shall remove from the Premises and Project its trade fixtures, furniture, moveable equipment and other personal property, any improvements and Tenant's Property which Landlord has elected to or Sublandlord elects shall be removed by Tenant Subtenant pursuant to Section 5D, and any improvements by Tenant to any portion of the Building or Project other than the Premises. Unless otherwise specified by Landlord at the time Landlord approves the plans for the Tenant Improvements, Tenant shall not be required to remove any of the initial Tenant Improvements constructed within the Premises pursuant to Exhibit C. Tenant shall repair all damage caused by the installation or removal of the foregoing items. If Tenant Subtenant does not timely remove such property, then Tenant Subtenant shall be conclusively presumed to have, at Landlord's Sublandlord’s election (i) conveyed such property to Landlord Sublandlord without compensation or (ii) abandoned such property, and Landlord Sublandlord may dispose of or score store any part thereof in any manner at Tenant's Subtenant’s sole cost, without waiving Landlord's Sublandlord’s right to claim from Tenant Subtenant all expenses arising out of Tenant's Subtenant’s failure to remove the property, and without liability to Tenant Subtenant or any other person. Neither Landlord nor Sublandlord shall have no any duty to be a bailee of any such personal property. If Landlord Sublandlord elects abandonment. Tenant , Subtenant shall pay to LandlordSublandlord, upon demand, any expenses incurred for disposition. Notwithstanding the foregoing, Subtenant shall have no obligation to remove the Tenant Improvements to be constructed in accordance with the Work Letter (“Initial Tenant Improvements”).

Appears in 1 contract

Samples: Sublease (ShoreTel Inc)

Removal Upon Termination. Upon the termination of this ------------------------ Lease Sublease or TenantSubtenant's right of possession Tenant possession, Subtenant shall remove from the Premises and Project its trade fixtures, furniture, moveable equipment and other personal property, any improvements and Tenant's Property which Landlord has elected to or Sublandlord elects shall be removed by Tenant Subtenant pursuant to Section 5D, and any improvements by Tenant to any portion of the Project other than the Premises. Unless otherwise specified Premises made by Landlord at the time Landlord approves the plans for the Tenant Improvements, Tenant shall not be required to remove any or on behalf of the initial Tenant Improvements constructed within the Premises pursuant to Exhibit C. Tenant shall repair all damage caused by the installation or removal of the foregoing itemsSubtenant. If Tenant Subtenant does not timely remove such property, then Tenant Subtenant shall be conclusively presumed to have, at LandlordSublandlord's election (i) conveyed such property to Landlord Sublandlord without compensation or (ii) abandoned such property, and Landlord Sublandlord may dispose of or score store any part thereof in any manner at TenantSubtenant's sole cost, without waiving LandlordSublandlord's right to claim from Tenant Subtenant all expenses arising out of TenantSubtenant's failure to remove the property, and without liability to Tenant Subtenant or any other person. Neither Landlord nor Sublandlord shall have no any duty to be a bailee of any such personal property. If Landlord Sublandlord elects abandonment. Tenant , Subtenant shall pay to LandlordSublandlord, upon demand, any expenses incurred for disposition. Notwithstanding the foregoing, Subtenant shall have no obligation to remove the Initial Tenant Improvements.

Appears in 1 contract

Samples: Letter Agreement (Vitria Technology Inc)

Removal Upon Termination. Upon the termination of this ------------------------ Lease or Tenant's right of possession possession, Tenant shall remove from the Premises and Project its trade fixtures, furniture, moveable equipment and other personal property, any improvements and Tenant's Property made by Tenant which Landlord has elected elects pursuant to Section 5D shall be removed by Tenant pursuant to Section 5DTenant, and any improvements made by Tenant to any portion of the Project other than the Premises. Unless otherwise specified by Landlord at the time Landlord approves the plans for the Tenant ImprovementsTenant's Work, Tenant shall not be required to remove any improvements to the Premises which are substantially completed within six (6) months of the initial Tenant Improvements constructed within the Premises pursuant to Exhibit C. Building A Commencement Date. Tenant shall repair all damage caused by the installation or removal of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or score store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects abandonment. , Tenant shall pay to Landlord, upon demand, any expenses incurred for disposition.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Clarify Inc)

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Removal Upon Termination. Upon the termination of this ------------------------ Lease or ------------------------- Tenant's right of possession possession, Tenant shall remove from the Premises and Project its trade fixtures, furniture, moveable equipment and other personal propertyproperty (including all of the aforementioned items located in Tenant's Data Center), any improvements and Tenant's Property which Landlord has elected elects pursuant to Section 5D shall be removed by Tenant pursuant to Section 5DTenant, and (unless otherwise agreed to in writing by Landlord) any improvements by Tenant to any portion of the Project other than the interior of the Premises. Unless otherwise specified by Landlord at the time Landlord approves the plans for the Tenant Improvements, Tenant shall not be required to remove any of the initial Tenant Improvements constructed within the Premises pursuant to Exhibit C. Tenant shall repair all damage caused by the installation or removal of the foregoing items. If Tenant does not timely remove such propertyproperty on or prior to the termination of this Lease or the termination of Tenant's possession, then Tenant shall be conclusively presumed to have, at Landlord's election election, either (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or score store any part thereof in any reasonable manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all reasonable expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects abandonment. , Tenant shall pay to Landlord, upon demand, any reasonable expenses incurred for disposition. Landlord agrees and acknowledges that Tenant shall have no obligation to remove any typical and customary office improvements from the Premises upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Navisite Inc)

Removal Upon Termination. Upon Prior to the expiration of this Lease, and within five (5) days after any early termination of this ------------------------ Lease or Tenant's ’s right of possession possession, Tenant shall remove from the Premises and Project its trade fixtures, furniture, moveable equipment and other personal property, any improvements and Tenant's Property (other than the Landlord’s Work, as defined in Exhibit C hereto) which Landlord has elected elects pursuant to Section 6.E shall be removed by Tenant pursuant to Section 5DTenant, and any improvements by Tenant to any portion of the Project other than the Premises. Unless otherwise specified If requested in writing by Tenant concurrently with the submission to Landlord of plans and specifications for approval as provided in Section 6.A above, Landlord at the time of its approval of such plans and specifications shall inform Tenant in writing of which items shown therein Landlord approves the plans for the Tenant Improvements, Tenant shall not will require to be required to remove any of the initial Tenant Improvements constructed within the Premises removed pursuant to Exhibit C. Tenant shall repair all damage caused by the installation or removal of the foregoing itemsthis Section 6. E. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's ’s election (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or score store any part thereof in any manner at Tenant's ’s sole cost, without waiving Landlord's ’s right to claim from Tenant all expenses arising out of Tenant's ’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects abandonment. , Tenant shall pay to Landlord, upon demand, any expenses incurred for disposition.

Appears in 1 contract

Samples: Lease Agreement (Rainmaker Systems Inc)

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