Common use of Title to Alterations Clause in Contracts

Title to Alterations. All alterations, physical additions, modifications, appliances installed by Landlord or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord and shall be surrendered to Landlord upon termination or expiration of this Lease or termination of Tenant’s right to occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from the Premises movable equipment, trade fixtures and furniture owned by Tenant, provided that Tenant repairs any damage caused thereby and Tenant returns the Premises to its preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at law.

Appears in 4 contracts

Samples: Lease Agreement (Viamet Pharmaceuticals Holdings LLC), Lease Agreement (Viamet Pharmaceuticals Holdings LLC), Lease Agreement (Viamet Pharmaceuticals Holdings LLC)

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Title to Alterations. All alterations, physical additions, modifications, appliances installed by Landlord or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord and shall be surrendered to Landlord upon termination or expiration of this Lease or termination of Tenant’s right to occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from the Premises movable equipment, trade fixtures and furniture owned by Tenant, provided that Tenant repairs any damage caused thereby and Tenant returns the Premises to its preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located improvements, including, but not limited to, fixtures, partitions, counters, and window and floor coverings, which may be made or installed by either of the parties hereto upon the Premises, irrespective of the manner of annexation, and irrespective of which party may have paid the cost thereof, excepting only movable office furniture and shop equipment put in at the expense of Tenant, shall be the property of Landlord, and shall remain upon and be surrendered with the Premises upon as a part thereof at the expiration or earlier other termination of this Lease, without disturbance, molestation, or injury and without compensation, payment, or reimbursement therefor. Notwithstanding the foregoing, however, Landlord may elect by providing written notice to Tenant at the time Landlord approves same (or if Landlord’s approval is not required, at the time Tenant notifies Landlord of such installations), that any or all installations made or installed by or on behalf of Tenant after the Commencement Date be removed at the end of the Lease or the termination of Term, and, if Landlord so elects, it shall be Tenant’s right obligation to possession of restore the Premises and restore to the same condition they were prior to Building Standard conditionthe alterations, additions, or improvements, reasonable wear and tear excepted, on or before the expiration or other termination of this Lease. Such removal and restoration shall be at the sole expense of Tenant. Further, notwithstanding anything contained herein to the contrary except as otherwise provided in Article VIISection 9.1 hereof, damage by casualty excepted. The rights conferred to Landlord under this Section 6.1(c) shall be under no obligation to insure the alterations, additions, or improvements or anything in addition to (and not in conflict with) the nature of a leasehold improvement made or installed by or on behalf of Tenant, the Tenant Parties, or any other rights conferred on Landlord by this Leaseperson, in equity and such improvements shall be located at, on, or within the Premises at lawthe sole risk of Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Roberts Realty Investors Inc), Lease Agreement (Roberts Realty Investors Inc)

Title to Alterations. All alterationsUnless Landlord requires the removal -------------------- thereof as set forth in Paragraph 7.6, physical additionsany alterations which may be made on the Premises, modifications, appliances installed by Landlord shall upon installation or improvements in or to construction thereof on the Premises (including fixtures) shall, when made, become the property of Landlord and shall remain upon and be surrendered to Landlord upon with the Premises at the expiration or sooner termination or expiration of the term of this Lease or termination Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduits, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant’s right , regardless of how affixed to occupy the Premises, whether together with all other alterations that have become an integral part of the Premises, shall be and become the property of Landlord upon installation, and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the expiration or sooner termination of this Lease. Notwithstanding the provisions of this Paragraph 7.5, Tenant's furnishings, machinery and equipment, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by lapse of time or otherwise, without Tenant; Tenant at Tenant's expense immediately after removal shall repair any payment, reimbursement or compensation therefor; provided, however, that damage to the Premises caused thereby. Tenant shall retain title to be solely responsible for the maintenance and shall remove from the Premises movable equipment, trade fixtures repair of any and furniture owned by Tenant, provided that Tenant repairs any damage caused thereby and Tenant returns the Premises to its preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements made by Tenant to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at lawPremises.

Appears in 2 contracts

Samples: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group Inc)

Title to Alterations. All alterations, physical additions, modifications, appliances additions and improvements installed by Landlord Tenant in, on or about the Premises, the Building or the Center (including, but not limited to, affixed lab benches, fume hoods, clean rooms, cold rooms and other similar improvements in or to and affixed equipment) shall become part of the Premises (including fixtures) shall, when made, Property and shall become the property of Landlord, unless Landlord elects to require Tenant to remove the same upon the termination of this Lease; provided, however, that the foregoing shall not apply to Tenant’s movable furniture, equipment and trade fixtures, except to the extent any such items are specifically described in the parenthetical in the initial portion of this sentence, and shall not apply to any equipment that is leased by Tenant from non-affiliated third parties or owned and installed by Tenant and is in either case designed to be surrendered portable or removable in nature (i.e., installable and removable without any material adverse impact on the existing improvements and Building systems in the Building). Tenant shall promptly repair any damage caused by its removal of any such furniture, equipment or trade fixtures. Landlord agrees to consider in good faith and respond promptly in writing to any written requests by Tenant from time to time for confirmation of whether any specific items of equipment or machinery will be deemed to be removable for purposes of this Section 7.2. (a) Notwithstanding any other provisions of this Article 7, (i) under no circumstances shall Tenant have any right or obligation to remove from the Premises or the Building, at the expiration or termination of this Lease, any lab benches, fume hoods, clean rooms, cold rooms or other similar improvements and equipment installed in the Premises, even if such equipment and improvements were installed by Tenant; (ii) under no circumstances shall Tenant have any right to remove from the Premises or the Building, at the expiration or termination of this Lease, any alterations, additions, improvements or equipment acquired, constructed or installed with the use, in whole or in part, of any funds from the Tenant Improvement Allowance or the Expansion TI Allowance; (iii) Landlord shall not be entitled to require Tenant to remove any alterations, additions or improvements specifically approved or consented to by Landlord in writing under Section 7.1 hereof unless Landlord specified its intention to do so at the time of granting of Landlord’s consent to the applicable alterations, additions or improvements; and (iv) Landlord shall not be entitled to require Tenant to remove any alterations, additions or improvements constructed or installed pursuant to the Workletter unless Landlord specified its intention to do so at the time of granting of Landlord’s approval of the plans and specifications for the applicable elements of such alterations, additions or improvements. Landlord agrees that (i) it will not withhold approval of specific elements of any alterations, additions, or improvements, or condition its approval upon Tenant’s agreement to remove such elements upon termination or expiration of this Lease or termination Lease, unless Landlord reasonably believes that the functionality and marketability of Tenant’s right to occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from the Premises movable equipment, trade fixtures and furniture owned by Tenant, provided that Tenant repairs any damage caused thereby and Tenant returns for purposes of re-leasing the Premises to its preexisting condition. Notwithstanding any would be materially adversely affected by the continued presence of the foregoing to the contrarysuch elements, Landlord may and (ii) it will not require Tenant to remove all upon expiration or termination of this Lease, or condition its approval upon Tenant’s agreement to remove upon termination or expiration of this Lease, any alterations, additions or improvements which constitute standard, non-extraordinary improvements for office, lab and/or Larc uses in biotech facilities. (b) Notwithstanding any other provisions of this Article 7, (i) it is the intention of the parties that Landlord shall be entitled to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such claim all tax attributes associated with alterations, additions, improvements and equipment constructed or installed by Tenant or Landlord with funds (if any) paid or reimbursed by Landlord; and (ii) it is the intention of the parties that Tenant shall be entitled to claim, during the term of this Lease, all tax attributes associated with alterations, additions, improvements and equipment constructed or installed by Tenant with Tenant’s own funds (and without any payment or reimbursement by Landlord), despite the fact that the items described in this clause (ii) are located characterized in this Section 7.2 as becoming Landlord’s property upon installation, in recognition of the Premises upon fact that Tenant will have installed and paid for such items, will have the expiration or earlier termination right of possession of such items during the term of this Lease and will have the obligation to pay (directly or indirectly) property taxes on such items, carry insurance on such items to the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as extent provided in Article VII, damage by casualty excepted10 hereof and bear the risk of loss with respect to such items to the extent provided in Article 13 hereof. The rights conferred If and to Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Leasethe extent it becomes necessary, in equity implementation of the foregoing intentions, to identify (either specifically or at lawon a percentage basis, as may be required under applicable tax laws) which alterations, additions, improvements and equipment constructed by Tenant have been funded through any payment or reimbursement by Landlord and which (if any) have been constructed or installed with Tenant’s own funds, Landlord and Tenant agree to cooperate reasonably and in good faith to make such an identification by mutual agreement.

Appears in 2 contracts

Samples: Lease (Five Prime Therapeutics Inc), Lease (Five Prime Therapeutics Inc)

Title to Alterations. All alterations, physical additions, modifications, appliances installed by Landlord modifications or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord and shall be surrendered to Landlord upon termination or expiration of this Lease or termination of Tenant’s 's right to occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; providedPROVIDED, howeverHOWEVER, that Tenant shall retain title to and shall remove from the Premises movable equipment, trade fixtures and equipment or furniture owned by Tenant, provided that Tenant and Tenant repairs any damage caused thereby and Tenant returns the Premises to its their preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s 's right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to Landlord under this Section SECTION 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at law.

Appears in 2 contracts

Samples: Lease (Texas Roadhouse, Inc.), Lease (Texas Roadhouse, Inc.)

Title to Alterations. All alterations, physical additions, modifications, appliances additions and improvements installed by Landlord Tenant in, on or about the Premises, the Building or the Center (including, but not limited to, lab benches, fume hoods, clean rooms, cold rooms and other similar improvements in or to and equipment) shall become part of the Premises (including fixtures) shall, when made, Property and shall become the property of Landlord, unless Landlord elects to require Tenant to remove the same upon the termination of this Lease; provided, however, that the foregoing shall not apply to Tenant’s movable furniture, equipment and trade fixtures, except to the extent any such items are specifically described in the parenthetical in the initial portion of this sentence, and shall not apply to any equipment that is leased by Tenant from non-affiliated third parties or owned and installed by Tenant and is in either case designed to be surrendered portable or removable in nature (i.e., installable and removable without any material adverse impact on the existing improvements and Building systems in the Building). Tenant shall promptly repair any damage caused by its removal of any such furniture, equipment or trade fixtures. Landlord hereby confirms that the gene-sequencing machines which Tenant plans to install in the Premises are deemed to be removable in nature and therefore removable by Tenant upon expiration or termination of this Lease, and Landlord further agrees to consider in good faith and respond promptly in writing to any written requests by Tenant for confirmation of whether any other specific items of equipment or machinery will be deemed to be removable for purposes of this Section 7.2. (a) Notwithstanding any other provisions of this Article 7, (i) under no circumstances shall Tenant have any right to remove from the Premises or the Building, at the expiration or termination of this Lease, any lab benches, fume hoods, clean rooms, cold rooms or other similar improvements and equipment installed in the Premises, even if such equipment and improvements were installed by Tenant (other than portable or removable equipment described in the introductory portion of this Section 7.2, if applicable, including but not limited to the gene-sequencing machines which Tenant plans to install in the Premises); and (ii) if Tenant requests Landlord’s written consent to any alterations, additions or improvements under Section 7.1 hereof and, in requesting such consent, asks that Landlord specify whether Landlord will require removal of such alterations, additions or improvements upon termination or expiration of this Lease or termination Lease, then Landlord shall not be entitled to require such removal unless Landlord specified its intention to do so at the time of Tenantgranting of Landlord’s right to occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from the Premises movable equipment, trade fixtures and furniture owned by Tenant, provided that Tenant repairs any damage caused thereby and Tenant returns the Premises to its preexisting condition. Notwithstanding any of the foregoing consent to the contrary, Landlord may require Tenant to remove all requested alterations, additions or improvements improvements. (b) Notwithstanding any other provisions of this Article 7, (i) it is the intention of the parties that Landlord shall be entitled to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such claim all tax attributes associated with alterations, additions, improvements and equipment constructed or installed by Tenant or Landlord with funds (if any) paid or reimbursed by Landlord; and (ii) it is the intention of the parties that Tenant shall be entitled to claim, during the term of this Lease, all tax attributes associated with alterations, additions, improvements and equipment constructed or installed by Tenant with Tenant’s own funds (and without any payment or reimbursement by Landlord), despite the fact that the items described in this clause (ii) are located characterized in this Section 7.2 as becoming Landlord’s property upon installation, in recognition of the Premises upon fact that Tenant will have installed and paid for such items, will have the expiration or earlier termination right of possession of such items during the term of this Lease and will have the obligation to pay (directly or indirectly) property taxes on such items, carry insurance on such items to the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as extent provided in Article VII, damage by casualty excepted10 hereof and bear the risk of loss with respect to such items to the extent provided in Article 13 hereof. The rights conferred If and to Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Leasethe extent it becomes necessary, in equity implementation of the foregoing intentions, to identify (either specifically or at lawon a percentage basis, as may be required under applicable tax laws) which alterations, additions, improvements and equipment constructed by Tenant have been funded through any payment or reimbursement by Landlord and which (if any) have been constructed or installed with Tenant’s own funds, Landlord and Tenant agree to cooperate reasonably and in good faith to make such an identification by mutual agreement.

Appears in 2 contracts

Samples: Lease Agreement, Lease (Complete Genomics Inc)

Title to Alterations. All alterationsUnless Landlord requires the removal thereof as set forth in Paragraphs 9.1 or 9.6, physical additionsany alterations which may be made on the premises shall remain upon and be surrendered with the premises at the expiration or sooner termination of the term of this Lease, modifications, appliances installed by Landlord or improvements in or to the Premises (including fixtures) shall, when made, and shall become the property of Landlord at that time. Notwithstanding the preceding sentence, Tenant shall be entitled to remove any computer rooms or false fronts which are installed in the premises by Tenant. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduits, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant, regardless of how affixed to the premises, together with all other alterations that have become an integral part of the premises, shall not be deemed trade fixtures, and shall remain upon and be surrendered to Landlord upon with the premises at the expiration or sooner termination or expiration of this Lease or termination of Tenant’s right to occupy the PremisesLease, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from become the Premises movable equipmentproperty of the Landlord at that time. Notwithstanding the provisions of this Paragraph 9.5, trade fixtures Xxxxxx's furnishings, machinery and furniture owned equipment (including computer rooms and false fronts), other than that which is affixed to the premises so that it cannot be removed without material damage to the premises, shall remain the property of Tenant and may be removed by Tenant, provided that Tenant at Tenant's expense immediately after removal repairs any damage caused thereby and Tenant returns the Premises to its preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at lawpremises caused thereby.

Appears in 1 contract

Samples: Lease Agreement (Corsair Communications Inc)

Title to Alterations. All alterations, physical additions, modifications, appliances installed by Landlord modifications or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord and shall be surrendered to Landlord upon termination or expiration of this Lease or termination of Tenant’s right to occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from the Premises movable equipment, trade fixtures and equipment or furniture owned by Tenant, provided that Tenant and Tenant repairs any damage caused thereby and Tenant returns the Premises to its their preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises by written notice to Tenant at the time Landlord approves such alterations, additions or improvements that are other than Building Standard or better Standard, including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at law.

Appears in 1 contract

Samples: Lease Agreement (Texas Roadhouse, Inc.)

Title to Alterations. All alterationsAlterations, physical additions, modifications, appliances installed by Landlord -------------------- modifications or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord except as provided for in the Lease (security system, generator, UPS, etc.) and shall be surrendered to Landlord upon termination or expiration of this Lease or termination of Tenant’s 's right to occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall -------- ------- retain title to and shall remove from the Premises movable equipment, trade fixtures and equipment or furniture owned by Tenant, provided that Tenant repairs repair any damage caused thereby thereby, and Tenant returns return the Premises to its their preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s 's right to possession of the Premises and restore the same to Building Standard standard condition, reasonable wear and tear excepted, and except as provided that Landlord advises Tenant in Article VII, damage by casualty exceptedwriting that such must be removed when Landlord grants its consent for any such alterations. The rights conferred to Landlord under this Section 6.1(c5.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at law.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Title to Alterations. All alterations, physical additions, modifications, appliances installed by Landlord modifications or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord and shall be surrendered to Landlord upon termination or expiration of this Lease or termination of Tenant’s 's right to occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from the Premises movable equipment, trade fixtures and removable alterations, or furniture owned by Tenant, provided that Tenant repairs and Tenant shall repair any damage caused thereby and Tenant returns shall return the Premises to its their preexisting condition, normal wear and tear and casualty excepted. Notwithstanding any of the foregoing to the contrary, Landlord may require require, at the time Landlord grants its consent to Tenant to make certain alterations, additions or improvements, Tenant to remove all alterations, additions or improvements to the Premises that are other than Building Standard which have been placed therein or better thereon by Tenant during the Term, including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s 's right to possession of the Premises and restore the same to Building Standard standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to Landlord under this Section 6.1(c6.1 (c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at law.

Appears in 1 contract

Samples: Lease Agreement (Internet Commerce Corp)

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Title to Alterations. All alterationsUnless Landlord requires the removal thereof as set forth in paragraphs 7.1 or 7.5, physical additions, modifications, appliances installed by Landlord or improvements in any alterations which may be made on or to the Premises (including fixtures) shallPremises, when madeshall be and remain the property of Tenant during the term of this Lease, and thereafter shall become the property of Landlord and shall be surrendered to Landlord upon at the expiration or sooner termination or expiration of the term of this Lease or termination Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduits, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant’s right , regardless of how affixed to occupy the Premises, whether by lapse together with all other alterations that have become an integral part of time the Premises, shall be and become the property of Landlord at the expiration or otherwisesooner termination of the term of this Lease, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises movable at the expiration or sooner termination of this Lease. Notwithstanding the provisions of this paragraph 7.4, Tenant's furnishings, furniture partitions and panels, trade fixtures, machinery and equipment, trade fixtures laboratory benches and furniture owned laboratory equipment (but excluding fume hoods installed as part of the initial tenant improvements in acccordance with the Work Letter, which fume hoods shall remain on the Premises), other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant, provided that Tenant at Tenant's expense immediately after removal repairs any damage caused thereby and Tenant returns the Premises to its preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises that are other than Building Standard or better includingcaused thereby and, without limitationwith respect to any fume hoods removed, removes any cabling accessory ducting, wiring or other computer, satellite improvements or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to alterations related thereto which Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at lawrequests that Tenant remove.

Appears in 1 contract

Samples: Lease Agreement (Anacor Pharmaceuticals Inc)

Title to Alterations. All alterations, physical additionsadditions and improvements -------------------- installed in, modifications, appliances installed by Landlord on or improvements in about the Buildings or to the Premises (including fixtures) shall, when made, Property shall become part of the Property and shall become the property of Landlord, unless Landlord elects to require Tenant to remove the same upon the termination of this Lease; provided, however, that the foregoing shall not apply to Tenant's movable furniture and equipment and trade fixtures. Tenant shall be surrendered promptly repair any damage caused by its removal of any such furniture, equipment or trade fixtures. Notwithstanding any other provisions of this Article 9, however, (a) under no circumstances shall Tenant have any right to remove from the Buildings or the Property, at the expiration or termination of this Lease, any lab benches, fume hoods, cold rooms or other similar improvements and equipment installed in the Buildings and paid for by Landlord or Tenant, even if such equipment and improvements were installed by Tenant as part of Tenant's Work under Exhibit C and paid for by Tenant in cash or in the form of rent; and (b) if Tenant requests Landlord's written consent to any alterations, additions or improvements under Section 9.1 hereof and, in requesting such consent, asks that Landlord specify whether Landlord will require removal of such alterations, additions or improvements upon termination or expiration of this Lease or termination Lease, then Landlord shall not be entitled to require such removal unless Landlord specified its intention to do so at the time of Tenant’s right to occupy the Premises, whether by lapse granting of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from the Premises movable equipment, trade fixtures and furniture owned by Tenant, provided that Tenant repairs any damage caused thereby and Tenant returns the Premises to its preexisting condition. Notwithstanding any of the foregoing Landlord's consent to the contrary, Landlord may require Tenant to remove all requested alterations, additions or improvements to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at lawimprovements.

Appears in 1 contract

Samples: Build to Suit Lease (Exelixis Inc)

Title to Alterations. All alterationsDuring the term of the Lease, physical additions, modifications, appliances installed by Landlord or improvements in or to the Premises (including fixtures) shallpremises and the Project made by Tenant at Tenant's expense shall be the property of Tenant. Unless Landlord requires the removal thereof as set forth in Paragraphs 9.1 or 9.6, when madeany alterations which may be made on the premises shall remain upon and be surrendered with the premises at the expiration or sooner termination of the term of this Lease, and shall become the property of Landlord at that time. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduits, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant, regardless of how affixed to the premises, together with all other alterations that have become an integral part of the premises, shall not be deemed trade fixtures, and shall remain upon and be surrendered to Landlord upon with the premises at the expiration or sooner termination or expiration of this Lease or termination of Tenant’s right to occupy the PremisesLease, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from become the Premises movable property of the Landlord at that time. Notwithstanding the provisions of this Paragraph 9.5 above, Tenant's furnishings, machinery and equipment, trade fixtures other than that which is affixed to the premises so that it cannot be removed without material damage to the premises, shall remain the property of Tenant and furniture owned may be removed by Tenant, provided that Tenant at Tenant's expense immediately after removal repairs any damage caused thereby and Tenant returns the Premises to its preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at lawpremises caused thereby.

Appears in 1 contract

Samples: Sublease and Lease Agreement (Inhale Therapeutic Systems)

Title to Alterations. All alterations, physical additions, modifications, appliances installed by Landlord -------------------- modifications or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord and shall be surrendered to Landlord upon termination or expiration of this Lease or termination of Tenant’s 's right to occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that (i) Tenant shall retain title to and shall remove from the Premises movable equipment, trade fixtures and equipment or furniture owned by Tenant, provided that (ii) Tenant repairs any damage caused thereby thereby, and (iii) Tenant returns the Premises to its their preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises that are other than Building Standard or better (as defined in Exhibit "E" attached hereto) ---------- including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s 's right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to upon Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on upon Landlord by this Lease, in equity or at law.

Appears in 1 contract

Samples: Lease Agreement (Naviant Inc)

Title to Alterations. All alterationsUnless Landlord requires the removal thereof as set forth in paragraphs 7.1 or 7.5, physical additions, modifications, appliances installed by Landlord or improvements in any alterations which may be made on or to the Premises (including fixtures) shallPremises, when madeshall be and remain the property of Tenant during the term of this Lease, and thereafter shall become the property of Landlord and shall be surrendered to Landlord upon at the expiration or sooner termination or expiration of the term of this Lease or termination Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduits, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant’s right , regardless of how affixed to occupy the Premises, whether by lapse together with all other alterations that have become an integral part of time the Premises, shall be and become the property of Landlord at the expiration or otherwisesooner termination of the term of this Lease, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises movable at the expiration or sooner termination of this Lease. Notwithstanding the provisions of this paragraph 7.4, Tenant’s furnishings, furniture partitions and panels, trade fixtures, machinery and equipment, trade fixtures laboratory benches and furniture owned laboratory equipment (but excluding fume hoods installed as part of the initial tenant improvements in acccordance with the Work Letter, which fume hoods shall remain on the Premises), other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant, provided that Tenant at Tenant’s expense immediately after removal repairs any damage caused thereby and Tenant returns the Premises to its preexisting condition. Notwithstanding any of the foregoing to the contrary, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises that are other than Building Standard or better includingcaused thereby and, without limitationwith respect to any fume hoods removed, removes any cabling accessory ducting, wiring or other computer, satellite improvements or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to alterations related thereto which Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at lawrequests that Tenant remove.

Appears in 1 contract

Samples: Lease Agreement (Anacor Pharmaceuticals Inc)

Title to Alterations. All alterations, physical additionsadditions and improvements installed in, modifications, appliances installed by Landlord on or improvements in about the Initial Building or to the Premises (including fixtures) shall, when made, Property shall become part of the Property and shall become the property of Landlord, unless Landlord elects to require Tenant to remove the same upon the termination of this Lease; provided, however, that the foregoing shall not apply to Tenant's movable furniture and equipment and trade fixtures. Tenant shall be surrendered promptly repair any damage caused by its removal of any such furniture, equipment or trade fixtures. Notwithstanding any other provisions of this Article 11, however, (a) under no circumstances shall Tenant have any right to remove from the Initial Building or the Property, at the expiration or termination of this Lease, any lab benches, fume hoods, cold rooms or other similar improvements and equipment installed in the Initial Building, even if such equipment and improvements were installed by Tenant and paid for by Tenant in cash or in the form of additional rent; and (b) if Tenant requests Xxxxxxxx's written consent to any alterations, additions or improvements under Section 11.1 hereof and, in requesting such consent, asks that Landlord specify whether Landlord will require removal of such alterations, additions or improvements upon termination or expiration of this Lease or termination Lease, then Landlord shall not be entitled to require such removal unless Landlord specified its intention to do so at the time of Tenant’s right to occupy the Premises, whether by lapse granting of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that Tenant shall retain title to and shall remove from the Premises movable equipment, trade fixtures and furniture owned by Tenant, provided that Tenant repairs any damage caused thereby and Tenant returns the Premises to its preexisting condition. Notwithstanding any of the foregoing Landlord's consent to the contrary, Landlord may require Tenant to remove all requested alterations, additions or improvements to the Premises that are other than Building Standard or better including, without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements are located in the Premises upon the expiration or earlier termination of this Lease or the termination of Tenant’s right to possession of the Premises and restore the same to Building Standard condition, reasonable wear and tear excepted, and except as provided in Article VII, damage by casualty excepted. The rights conferred to Landlord under this Section 6.1(c) shall be in addition to (and not in conflict with) any other rights conferred on Landlord by this Lease, in equity or at lawimprovements.

Appears in 1 contract

Samples: Build to Suit Lease (Sugen Inc)

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