Common use of Tenant's Installations Clause in Contracts

Tenant's Installations. Subject to applicable ordinances and building codes governing Tenant's right to occupy or perform in the Premises, and to the provisions of the Lease regarding Tenant-Made Alterations, which apply to the Tenant's initial installations before Substantial Completion as well as any after Substantial Completion, Tenant shall be allowed to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, and other personal property, including any loss or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraph.

Tenant's Installations. Subject to applicable ordinances Provided Tenant complies with all of the laws, orders, rules and building codes governing Tenant's right to occupy regulations of the governmental authorities having jurisdiction thereof and the local board of fire underwriters, or perform in the Premisesany other similar body, and provided further Tenant is not in default under any of the terms, covenants or conditions of this Lease, Tenant shall have the right, at its own cost for the proper conduct of Tenant’s business, except that the Landlord’s prior consent shall be required for any installation requiring structural alterations or changes to the Demised Premises. Subject to the provisions of the Lease regarding Tenant-Made Alterationsthis Article, which apply to the Tenant's initial installations before Substantial Completion as well as any after Substantial Completion, Tenant shall be allowed to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, and other personal property, including any loss or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liabilitymachinery and equipment, lossexcept electrical fixtures, installed by Tenant shall remain personalty notwithstanding the fact that it may be affixed or attached to the realty, and shall, during the term hereof belong to and be removable by Tenant, provided, that (a) Tenant shall remove said installations prior to the Expiration Date, and (b) Tenant shall repair any damage arising from any injury to caused by said removal. The aforementioned Tenant’s property remaining with the Demised Premises after the Expiration Date and after Tenant is no longer in possession of the Demised Premises shall, at Landlord’s option, either (i) become the property of Landlord, its contractors, subcontractorsfree and clear of any claim by Tenant or any person claiming through Tenant, or materialmen(ii) be removed and disposed of by Landlord, at Tenant’s cost and expense, without further notice to or demand upon Tenant. Machinery, fixtures, chattels or equipment, if any, furnished or installed by Tenant, the cost of which was borne by Landlord, shall become the property of Landlord upon payment therefor by Landlord or reimbursement of Tenant by Landlord, as the case may be, and any death or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused be removed by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraphTxxxxx.

Tenant's Installations. Subject to applicable ordinances and building codes governing Tenant's right to occupy or perform in the Premises, and to the provisions of the Lease regarding Tenant-Made Alterations, which apply to the Tenant's initial installations before Substantial Completion as well as any after Substantial -2- <PAGE> Completion, Tenant shall be allowed to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, and other personal property, including any loss or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraph. 5.

Tenant's Installations. (a) Subject to applicable ordinances and building codes governing the further provisions of this Section 5.2, Tenant shall not make any Installations in the Premises without Landlord's prior consent. "Installations" means any changes, modifications, alterations, additions, or improvements (including Tenant Service Equipment) made by or on behalf of Tenant in the Premises other than installations of Tenant's right to occupy or perform Property in the Premises. "Tenant's Property" means any office equipment and other unattached personal property of Tenant. By execution of this Lease, and to Landlord approves Tenant's Installations installed in the provisions Premises as of the Lease regarding Tenant-Made Alterations, which apply to the Tenant's initial installations before Substantial Completion as well as any after Substantial Completion, Tenant shall be allowed to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, and other personal property, including any loss or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such occupancy or installationCommencement Date. To the extent Tenant uses any of Landlord's contractors or subcontractors All work done in connection with any Installations made by Tenant on or after the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended subject to the conditions specified in this Section. No such work shall be commenced until approved in writing by Landlord (which approval will not be unreasonably withheld, conditioned, or delayed). All such work shall be (a) done at Tenant's sole cost, risk, and expense and in accordance with all Legal Requirements, Insurance Requirements, and construction guidelines and standards of Landlord; (b) performed in a good and workmanlike manner with labor and materials of such quality as Landlord may reasonably require; (c) performed in strict accordance with the plans and/or specifications previously approved by Landlord; (d) prosecuted diligently and continuously to completion; and (e) performed by contractors approved in writing by Landlord. If requested by Landlord, any such contractor and all work to be performed by that contractor shall be fully bonded (with Landlord named as co-obligee) with companies and in amounts acceptable to Landlord in its sole discretion. No such work shall be commenced until approved in writing by Landlord and Landlord may impose such conditions with respect to such work as Landlord deems appropriate, including requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work and requiring Tenant or Tenant's contractor to maintain insurance against liabilities which may arise out of such work. Upon completion of any such work, Tenant shall deliver to Landlord evidence of payment, contractors' affidavits, and full and final waivers of all liens for labor, services, or material. No Installations made to the Premises by or on behalf of either Landlord or Tenant may be removed by Tenant without Landlord's prior consent. Except as otherwise provided below, all Installations shall become the property of Landlord upon the termination or expiration of this Lease; and Tenant shall have no (and hereby waives all) rights to payment or compensation for any such alteration, improvement, or addition to the Premises. Tenant shall not allow any liens to be filed against the Premises in connection with any Installations. If any such liens are filed, Tenant shall cause the same to be released immediately by payment, bonding, or other method acceptable to Landlord. If Tenant shall fail to cancel or remove any lien, then Landlord, at its sole option, may obtain the release of that lien; and Tenant shall pay to Landlord, on demand, the amount incurred by Landlord for the release of each day lien, plus an additional charge in an amount not to exceed fifteen percent (15%) of the amount incurred by Landlord for the release of that lien to cover Landlord's administrative overhead and expenses. Landlord's approval of any plans or specifications shall never constitute an indication, representation, or certification that such Installations will be in compliance with any applicable Legal Requirement or Insurance Requirement or as to the adequacy or sufficiency of the Installations to which Landlord has paid Tenant $166.00 as described that consent relates. In instances in which several sets of requirements must be met, the preceding paragraphstrictest applicable requirements shall control.

Tenant's Installations. Subject 45.01 Notwithstanding anything hereinbefore contained to applicable ordinances the contrary, provided Tenant complies with all Legal and building codes governing Tenant's right to occupy or perform Insurance Requirements (as defined in Article 6 above), and, provided further, Tenant is not in default (after the Premisesgiving of any required notice and the expiration of any required cure period) under any of the terms, covenants and conditions of this lease, Tenant shall have the right, at its own cost and expense, but subject to the provisions of Article 3 above, to install such new or re-conditioned, first class machinery, equipment and fixtures as may be required or desired by Tenant for the Lease regarding proper conduct of Tenant-Made Alterations, which apply 's business. Subject to the provisions of this Article, any and all movable machinery, equipment and fixtures installed by Tenant (sometimes herein referred to as "Tenant's initial installations before Substantial Completion as well as Property") shall remain personalty notwithstanding the fact that it may be affixed or attached to the realty, and shall, during the term of this lease or any after Substantial Completionextension or renewal thereof, Tenant shall belong to and be allowed to install its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of constructionremovable by Tenant, provided that (i) Tenant does hereby agree shall remove said installations prior to assume all risk the expiration of loss such term or the sooner termination thereof; and (ii) Tenant shall repair any damage caused by said removal and shall deliver the Demised Premises to Landlord in the same condition as upon the commencement of the term hereof, reasonable wear and tear, damage by fire or other casualty and items which are Landlord's expressed obligation under this lease to repair or restore, excepted. Prior to the expiration of the term or sooner termination thereof, Tenant shall, at its machineryown cost and expense, equipment, fixtures, and other personal property, including any loss or damage resulting remove from the negligence Demised Premises all of Tenant's Property, except such items thereof as Tenant shall have expressly agreed in writing with Landlord are to remain and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to become the property of Landlord, its contractorsand Tenant shall repair any damage to the demised premises resulting from such removal. 45.02 Tenant shall ascertain from Landlord, subcontractorsin a written request to Landlord, whether Landlord will require Tenant to have any non-movable fixtures, machinery and/or equipment permanently installed by Tenant, removed from the Demised Premises upon the expiration or materialmensooner termination of the term of this lease. Tenant may request such determination from Landlord prior to the installation of any of the foregoing. Landlord's failure to respond to such request within ten (10) days after Landlord's receipt thereof shall be deemed Landlord's determination that the item(s) in question do not have to be so removed, provided the request expressly states that Landlord's failure to respond within such ten (10) day period will be deemed Landlord's determination that the item(s) in question do not have to be so removed. Unless, Landlord and any death Tenant, in writing, subsequently agree to the contrary, upon the expiration or personal injury sooner termination of the term of this lease, Tenant shall, at Tenant's sole cost and expense, remove the items that Landlord has required to any person or persons arising out be so removed and restore the Demised Premises with respect thereto, to the same condition as upon the commencement of such occupancy or installationthe term hereof, reasonable wear and tear excepted. To the extent Tenant uses fails to ascertain whether Landlord will require such removal of any of the foregoing items, Landlord shall have the option to have Tenant so remove such item(s) upon the expiration or sooner termination of the term of this lease. All fixtures, machinery and equipment installed by Tenant, except those items which Landlord agrees are to remain in the Demised Premises and become the property of Landlord, remaining within the Demised Premises after the expiration of such term or sooner termination thereof and after Tenant is no longer in possession of the Demised Premises shall, at Landlord's option and upon at least ten (10) days' prior written notice to Tenant, either (i) become the property of Landlord, free of any claim by Tenant or any person claiming through Tenant, or (ii) be removed and disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. Machinery, fixtures, chattels, or equipment, if any, furnished or installed by Tenant, the cost of which is to be borne by Landlord, shall become the property of Landlord upon payment therefor by Landlord or reimbursement of Tenant by Landlord, as the case may be, and shall not be removed by Tenant. Tenant's obligations under this Article shall survive the expiration or sooner termination of the term hereof. Anything herein contained to the contrary notwithstanding, it is understood and agreed that all structural improvements made by Tenant in the Demised Premises shall be surrendered to the Landlord at the expiration of the term. 45.03 Tenant acknowledges that the Building has been designated a historic landmark and/or is located in a historic district and as a result, Changes, including the installation of Tenant's Property, may be subject to the approval of various governmental or quasi-governmental departments and agencies. Tenant covenants and agrees that it will comply with all requirements of such departments and agencies in prosecuting all of the Changes and shall not commence any Changes until all required approvals are obtained and conditions contained therein are complied with, all as more particularly provided in Article 3 above. 45.04 Tenant shall use Construction Consulting ("Landlord's Filing Architect") in connection with all filings and obtaining all permits, certificates and approvals required by governmental or quasi-governmental bodies with respect to all Tenant's Work (and Landlord's Work (to the extent Tenant performs same pursuant to subsection 49.01(c)below)), provided that the charges of Landlord's contractors or subcontractors Filing Architect are comparable for similar services rendered for similar projects in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraphNew York City.

Tenant's Installations. Subject Upon Tenant’s reasonable advance request therefor, which request may be made verbally to applicable ordinances Landlord’s property management team, Tenant shall be permitted to enter the Premises prior to the Commencement Date from time to time solely for purposes of conducting customary pre-Commencement Date activities, such as taking or preparation of measurements, surveys, elevations, sketches and building codes governing Tenant's layouts; it being understood, however, that (i) Tenant shall not have the right to occupy or perform enter the Premises as aforesaid unless Tenant is accompanied by a designated representative of Landlord at all times during such entry (it being agreed that Landlord shall use commercially reasonable efforts to provide a designated representative to accompany Tenant as contemplated herein), and (ii) during any period in which Tenant is in the Premises, (x) Tenant shall comply with all terms and to the provisions conditions of the Lease regarding (and the same shall be deemed to apply during such period), including, without limitation, Article 12 thereof, other than the obligation to pay Fixed Rent and Escalation Rent, (y) Tenant shall not interfere with the operation of the Building or interfere with or delay Landlord’s performance of and completion of Landlord’s Work, and (z) Landlord shall have no liability to Tenant for any damage to Tenant’s materials left at the Premises during the performance of Landlord’s Work. In addition, on or prior to July 1, 2016 (such date, subject to extension by up to one week due to construction scheduling and subject to further extension on a day-Made Alterationsfor-day basis by Tenant Delay and Unavoidable Delay, the “Early Access Date”), Landlord shall provide Tenant with access to the Premises (“Early Access”) for the purposes of performing any installations or other work, including, without limitation, any installation of furniture and data and telecommunications wiring and cabling, which are not to be performed by Landlord for Tenant hereunder (collectively, “Tenant’s Installations”), provided that the following terms and conditions shall apply to such Early Access: A. Tenant’s right to Early Access to perform Tenant’s Installations shall be subject to the conditions that (i) such Tenant's initial installations before Substantial Completion as well as ’s Installations shall not require any after Substantial Completionstructural changes to the Premises or the Building (or, if a structural change is required, Landlord shall have consented thereto in accordance with Article 6 of this Lease); (ii) Landlord’s Base Building Work, Landlord’s Initial Alterations Work and any Additional Work required to be made and performed by Landlord in the Premises shall have reached a point with respect to which, in Landlord’s sole judgment, the performance of Tenant’s Installations can then be performed or made safely without delaying or hampering Landlord in the completion of such work; (iii) such Early Access shall be subject to Tenant’s coordination with Landlord’s construction schedule and compliance with the terms and conditions of the Lease to which this Work Agreement is annexed, including without limitation, Articles 6, 12 and 33 thereof. B. Prior to the Commencement Date, any Early Access by Tenant in or on the Premises shall be at Tenant’s sole risk. Tenant’s Installations shall be completed free of all liens and encumbrances. Tenant’s Installations shall include, without limitation, access by Tenant’s telephone, cable and other information technology contractors, subject to Article 12 and Article 33 of the Lease to which this Work Agreement is annexed. C. In the event Tenant or any agent or contractor of Tenant shall enter upon the Premises or any other part of the Building, then, except to the extent caused by the negligence or willful misconduct of Landlord or Landlord’s agents, employees, contractors or representatives, Tenant agrees to indemnify and save Landlord free and harmless from and against any and all claims whatsoever arising out of said entry or any work performed by such contractor. Tenant’s agents, contractors and their employees shall be allowed comply with the special rules, regulations and requirements of Building management for the performance of work and coordination of said agents, contractors and their employees so as to install its improvementsminimize the intrusion into the operation of the Building and the business operation of other tenants. D. For the avoidance of doubt, machineryLandlord shall have no obligation to furnish any furniture, equipment, fixtures, furnishings or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, and other personal property, including any loss telecommunications or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury audiovisual equipment to the property of Landlord, its contractors, subcontractors, or materialmen, and any death or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraphPremises.

Tenant's Installations. Subject 43.01 Notwithstanding anything hereinbefore contained to applicable ordinances the contrary, provided Tenant complies with all of the laws, orders, rules and building codes governing regulations of the governmental authorities and the Fire Insurance Rating Organization having jurisdiction thereof and the local Board of Fire Underwriters, or any other similar body, Tenant shall have the right, at its own cost and expense, to install such machinery, equipment and fixtures as may be required for the proper conduct of Tenant's right business, except that Landlord's prior consent shall be required for any installation requiring structural alteration or changes to occupy or perform in the Demised Premises, and . Subject to the provisions of the Lease regarding Tenant-Made Alterationsthis Article, which apply to the Tenant's initial installations before Substantial Completion as well as any after Substantial Completion, Tenant shall be allowed to install its improvements, and all moveable machinery, equipment, and fixtures installed by tenant (sometimes herein referred to as "Tenant's Property") shall remain personal notwithstanding the fact that it may be affixed or attached to the realty, and shall, during the term of this Lease, or any extension or renewal thereof, Tenant shall deliver the Demised Premises to Landlord in the same condition as upon the commencement of the term hereof, reasonable wear and tear excepted. Prior to the expiration of the term, or sooner termination thereof, Tenant shall, at its own cost and expense, remove from the Demised Premises all of Tenant's personal Property and Tenant shall repair any damage to the Demised Premises resulting from such removal. Tenant shall ascertain from Landlord at the time the Tenant’s plans are approved by Landlord, whether Landlord desires to have any non-moveable fixtures, machinery and/or equipment permanently installed by Tenant removed from the Demised Premises prior to the expiration of such term or other personal property on the sooner termination thereof and, if Landlord shall so desire, Tenant shall, prior the end of the term hereof, remove such indicated items and restore the Demised Premises whenwith respect thereto, to the same condition as upon the commencement of the term hereof, reasonable wear and tear excepted. ..Notwithstanding anything herein to the contrary, Landlord shall remove any non-moveable fixtures, machinery and/or equipment permanently installed by Tenant in the Demised Premises, at Landlord’s sole cost and expense. All fixtures, machinery and equipment installed by Tenant, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, the Demised Premises and other personal property, including any loss or damage resulting from the negligence of Landlord and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to become the property of Landlord, its contractorsremaining within the Demised Premises after the expiration of such term or sooner termination thereof and after Tenant is no longer in possession of the Demised Premises shall, subcontractorsat Landlord's option, either (i) become the property of Landlord, free of any claim by Tenant or any person claiming through Tenant, or materialmen(ii) be removed and disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. Machinery, fixtures, chattels, or equipment, if any, furnished or installed by Tenant, the cost of which is to be borne by Landlord, shall become the property of Landlord upon payment, therefor by Landlord or reimbursement of Tenant by Landlord, as the case may be, and any death shall not be removed by Tenant. Tenant's obligations under this Article shall survive the expiration or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that sooner termination of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraphterm hereof.

Tenant's Installations. Subject Not withstanding anything hereinbefore contained to applicable ordinances the contrary, provided Tenant complies with all of the laws, orders, rules and building codes governing regulations of the governmental authorities and the Fire Insurance Rating Organization having jurisdiction thereof and the local Board of Fire Underwriters, or any other similar body, and provided further, Tenant is not in default under any of the terms, covenants and conditions of this lease. Tenant shall have the right, at its own cost and expense, to install such machinery, equipment and fixtures as may be required for the proper conduct of Tenant's right business, except that Landlord's, prior consent shall be required for any installation requiring structural alteration or changes to occupy or perform in the Demised Premises, and . Subject to the provisions of this Article, any and all movable machinery, equipment and fixtures installed by Tenant (sometimes herein referred to as Tenant's Property") shall remain personality notwithstanding the Lease regarding Tenant-Made Alterations, which apply fact that it maybe affixed or attached to the realty, and shall during the term of this lease or any extension or renewal thereof belong to and be removable by Tenant's initial , provided that if Tenant shall remove said installations before Substantial Completion as well as any after Substantial Completionprior to the expiration of such term or the sooner termination thereof, Tenant shall be allowed repair any damage caused by said removal and shall deliver the Demised Premises to install Landlord in the same condition as upon the commencement of the term hereof, reasonable wear and tear excepted. Prior to the expiration of the term or sooner termination thereof, Tenant shall at its improvements, machinery, equipment, fixtures, or other personal property on the Premises when, in Landlord's opinion, such installation will not interfere with Landlord's completion of construction, provided that Tenant does hereby agree to assume all risk of loss or damage to its machinery, equipment, fixtures, own cost and other personal property, including any loss or damage resulting expense remove from the negligence Demised Premises all of Tenant's Property except such items thereof as Tenant shall have expressly agreed in writing with Landlord are to remain and to indemnify, defend, and hold Landlord harmless from any and all liability, loss, or damage arising from any injury to become the property of Landlord, its contractorsand Tenant shall repair any damage to the Demised Premises resulting from such removal. Any property of Tenant not removed at the expiration or sooner termination of the lease shall be deemed abandoned and surrendered to Landlord without cost or liability to Landlord. Machinery, subcontractorsfixtures, chattels or materialmenequipment, if any, furnished or installed by Tenant the cost of which is to be borne by Landlord, shall become the property of Landlord upon payment therefore by Landlord or reimbursement of Tenant by Landlord, as the case may be, and any death shall not be removed by Tenant. Tenant's obligations under this Article shall survive, the expiration or personal injury to any person or persons arising out of such occupancy or installation. To the extent Tenant uses any of Landlord's contractors or subcontractors in connection with the installation of its improvements, Tenant acknowledges and agrees that Landlord's work shall take priority over that sooner termination of the Tenant and that Tenant shall not divert Landlord's contractors or subcontractors from the performance of their work obligations for Landlord. Notwithstanding anything else to the contrary provided herein, subject to delays caused by Force Majeure, Landlord shall pay liquidated damages to Tenant equal to one hundred sixty-six dollars ($166.00) per day for each day after July 1, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing its mechanical systems (in accordance with the preceding paragraph); and one hundred sixty-six dollars ($166.00) per day for each day after July 15, 1996 and before the date on which Landlord provides Tenant access to the Premises for purposes of installing the balance of its Tenant Improvements (subject to the preceding paragraph). Notwithstanding anything to the contrary in the forgoing sentence, the maximum amount per day payable by Landlord to Tenant shall be one hundred sixty-six dollars ($166.00). In the event Landlord fails to grant Tenant the access described in the foregoing sentence on the referenced dates, Landlord shall work in good faith with Tenant to accelerate the pace of construction to return the Project to an estimated Commencement Date of October 1, 1996. Further, in the event Landlord has failed to grant Tenant the access described in the preceding paragraph on the referenced dates, and the Premises is not ready for Tenant's occupancy as of October 1, 1996, (the "Extended Rent Commencement Date") the Extended Rent Commencement Date shall be extended for each day for which Landlord has paid Tenant $166.00 as described in the preceding paragraphterm hereof.