Cable. (1) Within thirty (30) days after the expiration or sooner termination of the Lease or at any time that any of the Wires (as defined below) are no longer in active use by Tenant, Landlord may elect by written notice to Tenant to: (a) Retain any or all wires, cables, and similar installations appurtenant thereto ("Wires") installed by Tenant within the Premises or anywhere in the Building outside the Premises, including, without limitation, the plenums or risers of the Building; (b) Remove any or all of the Wires and restore the Premises or the Building, as the case maybe, to their condition existing prior to the installation of the Wires ("Wire Restoration Work"). Landlord, at its option, may perform such Wire Restoration Work at Tenant's sole (but reasonable) cost and expense; or (c) Require Tenant to perform all or part of the Wire Restoration Work at Tenant's sole cost and expense. (2) In the event that Tenant discontinues the use of all or any part of the Wires or is no longer using all or any part of the Wires, Tenant shall within thirty (30) days thereafter notify Landlord of same in writing, accompanied by a plan or other reasonable description of the current type, quantity, points of commencement and termination, and routes of the Wires to allow Landlord to determine if Landlord desires to retain same. (3) In the event Landlord elects to retain any or all of the Wires, Tenant covenants that: (a) Tenant shall be the sole owner of the Wires, Tenant shall have the sole right to surrender the Wires, and the Wires shall be free of all liens and encumbrances; and (b) All Wires shall be left in good condition, working order, properly labeled and capped or sealed at each end and in each telecommunications/electrical closet and junction box, and in safe condition. (4) Notwithstanding anything to the contrary in this Lease, Landlord may retain Tenant's Security Deposit after the expiration or sooner termination of the Lease until one of the following events has occurred with respect to all of the Wires: (a) Landlord elects to retain the Wires pursuant to Paragraph (1)(a) above; (b) Landlord elects to perform the Wire Restoration Work pursuant to Paragraph (1)(b) above and the Wire Restoration Work is complete and Tenant has fully reimbursed Landlord for all reasonable costs related thereto; or (c) Landlord elects to require Tenant to perform the Wire Restoration Work pursuant to Paragraph (1)(c) above and the Wire Restoration Work is complete and Tenant has paid for all reasonable costs related thereto. (5) In the event that Tenant fails or refuses to pay all reasonable costs of the Wire Restoration Work within thirty (30) days of Tenant's receipt of Landlord's notice requesting Tenant's reimbursement for or payment of such costs or otherwise fails to comply with the provisions of this Clause, Landlord may apply all or any portion of Tenant's Security Deposit toward the payment of any reasonable costs or expenses relative to the Wire Restoration Work or Tenant's obligations under this Clause. The retention or application of such Security Deposit by Landlord pursuant to this Clause does not constitute a limitation on or waiver of Landlord's right to seek further remedy under law or equity. (6) The provisions of this Section 26(c) shall survive the expiration or sooner termination of the Lease.
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Sources: Lease (Helix Biomedix Inc)
Cable. (1) Within thirty (30) days after the expiration or sooner termination of the Lease or at any time that any of the Wires (as defined below) are no longer in active use by Tenant, Landlord may elect by written notice to Tenant to:
(a) Retain any or all wires, cables, and similar installations appurtenant thereto ("“Wires"”) installed by Tenant within the Premises or anywhere in the Building outside the Premises, including, without limitation, the plenums or risers of the Building;
(b) Remove any or all of the Wires and restore the Premises or the Building, as the case maybe, to their condition existing prior to the installation of the Wires ("“Wire Restoration Work"”). Landlord, at its option, may perform such Wire Restoration Work at Tenant's ’s sole (but reasonable) cost and expense; or
(c) Require Tenant to perform all or part of the Wire Restoration Work at Tenant's ’s sole cost and expense.
(2) In the event that Tenant discontinues the use of all or any part of the Wires or is no longer using all or any part of the Wires, Tenant shall within thirty (30) days thereafter notify Landlord of same in writing, accompanied by a plan or other reasonable description of the current type, quantity, points of commencement and termination, and routes of the Wires to allow Landlord to determine if Landlord desires to retain same.
(3) In the event Landlord elects to retain any or all of the Wires, Tenant covenants that:
(a) Tenant shall be the sole owner of the Wires, Tenant shall have the sole right to surrender the Wires, and the Wires shall be free of all liens and encumbrances; and
(b) All Wires shall be left in good condition, working order, properly labeled and capped or sealed at each end and in each telecommunications/electrical closet and junction box, and in safe condition.
(4) Notwithstanding anything to the contrary in this Lease, Landlord may retain Tenant's ’s Security Deposit after the expiration or sooner termination of the Lease until one of the following events has occurred with respect to all of the Wires:
(a) Landlord elects to retain the Wires pursuant to Paragraph (1)(al)(a) above;
(b) Landlord elects to perform the Wire Restoration Work pursuant to Paragraph (1)(b1 )(b) above and the Wire Restoration Work is complete and Tenant has fully reimbursed Landlord for all reasonable costs related thereto; or
(c) Landlord elects to require Tenant to perform the Wire Restoration Work pursuant to Paragraph (1)(cl)(c) above and the Wire Restoration Work is complete and Tenant has paid for all reasonable costs related thereto.
(5) In the event that Tenant fails or refuses to pay all reasonable costs of the Wire Restoration Work within thirty (30) days of Tenant's ’s receipt of Landlord's ’s notice requesting Tenant's ’s reimbursement for or payment of such costs or otherwise fails to comply with the provisions of this Clause, Landlord may apply all or any portion of Tenant's ’s Security Deposit toward the payment of any reasonable costs or expenses relative to the Wire Restoration Work or Tenant's ’s obligations under this Clause. The retention or application of such Security Deposit by Landlord pursuant to this Clause does not constitute a limitation on or waiver of Landlord's ’s right to seek further remedy under law or equity.
(6) The provisions of this Section 26(c) shall survive the expiration or sooner termination of the Lease.
Appears in 1 contract
Sources: Lease (Helix Biomedix Inc)
Cable. (1i) Within thirty (30) days after the expiration or sooner termination of the Lease or at any time that any of the Wires (as defined below) are no longer in active use by Tenant, Landlord may elect by written notice to Tenant to:
(a) A. Retain any or all wires, cables, and similar installations appurtenant thereto ("Wires") installed by Tenant within the Premises or anywhere in the Building outside the Premises, including, without limitation, the plenums or risers of the Building;
(b) B. Remove any or all of the Wires and restore the Premises or the Building, as the case maybe, to their condition existing prior to the installation of the Wires ("Wire Restoration Work"). Landlord, at its option, may perform such Wire Restoration Work at Tenant's sole (but reasonable) cost and expense; or
(c) C. Require Tenant to perform all or part of the Wire Restoration Work at Tenant's sole cost and expense.
(2ii) In the event that Tenant discontinues the use of all or any part of the Wires or is no longer using all or any part of the Wires, Tenant shall within thirty (30) days thereafter notify Landlord of same in writing, accompanied by a plan or other reasonable description of the current type, quantity, points of commencement and termination, and routes of the Wires to allow Landlord to determine if Landlord desires to retain same.
(3iii) In the event Landlord elects to retain any or all of the Wires, Tenant covenants that:
(a) A. Tenant shall be the sole owner of the Wires, Tenant shall have the sole right to surrender the Wires, and the Wires shall be free of all liens and encumbrances; and
(b) B. All Wires shall be left in good condition, working order, properly labeled and capped or sealed at each end and in each telecommunications/electrical closet and junction box, and in safe condition.
(4iv) Notwithstanding anything to the contrary in this Lease, Landlord may retain Tenant's Security Deposit after the expiration or sooner termination of the Lease until one of the following events has occurred (provided that Landlord must make the described elections within fifteen (15) days of the expiration or sooner termination of the Lease) with respect to all of the Wires:
(a) A. Landlord elects to retain the Wires pursuant to Paragraph (1)(ai)(A) above;
(b) B. Landlord elects to perform the Wire Restoration Work pursuant to Paragraph (1)(bi)(B) above and the Wire Restoration Work is complete and Tenant has fully reimbursed Landlord for all reasonable costs related thereto; or
(c) C. Landlord elects to require Tenant to perform the Wire Restoration Work pursuant to Paragraph (1)(ci)(C) above and the Wire Restoration Work is complete and Tenant has paid for all reasonable costs related thereto.
(5v) In the event that Tenant fails or refuses to pay all reasonable costs of the Wire Restoration Work within thirty (30) days of Tenant▇▇▇▇▇▇'s receipt of Landlord's notice requesting Tenant▇▇▇▇▇▇'s reimbursement for or payment of such costs or otherwise fails to comply with the provisions of this Clause, Landlord may apply all or any portion of Tenant's Security Deposit toward the payment of any reasonable costs or expenses relative to the Wire Restoration Work or Tenant's obligations under this Clause. The retention or application of such Security Deposit by Landlord pursuant to this Clause does not constitute a limitation on or waiver of Landlord's right to seek further remedy under law or equity.
(6vi) The provisions of this Section 26(c26(b) shall survive the expiration or sooner termination of the Lease.
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