Common use of FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT Clause in Contracts

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to Tenant’s tenancy) prior to or during the Term, or any extension thereof, whether by Landlord, at its expense or at the expense of Tenant, or by Tenant shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Term unless Landlord, in its sole discretion, shall request Tenant to remove any of such fixtures, equipment, improvements and appurtenances in which event Tenant shall remove such at Tenant’s expense. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable furniture, trade fixtures and business equipment shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall be, removed by Tenant, at Tenant’s expense, upon the condition that such removal shall not materially damage the Premises, the Building, the Property or any portion thereof and that the cost of repairing any damages to the Premises, the Building, the Property or any portion thereof (as the case may be) arising from such removal shall be paid by Tenant, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant.

Appears in 3 contracts

Samples: Lease Agreement (Allena Pharmaceuticals, Inc.), Lease Agreement (Allena Pharmaceuticals, Inc.), Lease Agreement (Allena Pharmaceuticals, Inc.)

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FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to Tenant’s tenancy) prior to or during the Term, or any extension thereof, whether by Landlord, Landlord at its expense or at the expense of Tenant, Tenant (either or both) or by Tenant shall be and remain part of the Premises and shall not be removed by Tenant during or at the end of the Term unless Landlord, in its sole discretion, shall request Landlord otherwise elects to require Tenant to remove such fixtures, equipment, improvements and appurtenances, in accordance with Articles 12 and/or 22 of this Lease. All electric, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, shall be deemed to be included in such fixtures, equipment, improvements and appurtenances, whether or not attached to or built into the Premises. Xxxxxxxx agrees to notify Tenant whether it will be required to remove any of such fixtures, equipment, improvements and appurtenances in which event Tenant shall remove such at the end of the term at the time that Landlord approves Tenant’s expenseplans for same. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable electric fixtures, carpets, drinking or tap water facilities, furniture, or trade fixtures and or business equipment or Tenant’s inventory or stock in trade shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall Landlord, will be, removed by Tenant, at Tenant’s expense, Tenant upon the condition that such removal shall not materially damage the Premises, Premises or the Building, the Property or any portion thereof Building and that the cost of repairing any damages damage to the Premises, Premises or the Building, the Property or any portion thereof (as the case may be) Building arising from installation or such removal shall be paid by Tenant. If this Lease shall be terminated by reason of Tenant’s breach or default, providedthen, howevernotwithstanding anything to the contrary in this Lease contained, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed a lien against all Tenant’s property in the Premises by or elsewhere in the Building at the sole expense time of Tenantsuch termination to secure Xxxxxxxx’s rights under Article 21 hereof. Tenant shall, within ten (10) days of Landlord’s written request, from time to time, execute and deliver to Landlord such documentation (e.g., UCC statements) as may be necessary to enable Landlord to perfect such lien.

Appears in 2 contracts

Samples: Commencement Date Agreement (CarGurus, Inc.), Commencement Date Agreement (CarGurus, Inc.)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to excluding Tenant’s tenancyfurniture, fixtures, and equipment) prior to or during the Term, or any extension thereof, whether by Landlord, Landlord at its expense or at the expense of Tenant, Tenant (either or both) or by Tenant shall be and remain part of the Premises and shall not be removed by Tenant during or at the end of the Term unless Landlord, in its sole discretion, shall request Landlord otherwise elects to require Tenant to remove such fixtures, equipment, improvements and appurtenances, in accordance with and subject to Articles 13 and/or 23 of this Lease. Landlord agrees to notify Tenant in writing whether it will be required to remove any of such fixtures, equipment, improvements and appurtenances at the end of the term at the time that Landlord approved Txxxxx’s plans for same if Tenant requests in which event writing that Landlord make such election at the time that Tenant requests Landlord’s approval thereof, provided that Tenant shall have no obligation to remove carpeting or leasehold improvements in the Premises that are customarily found in first-class business offices. All electric, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, shall be deemed to be included in such at Tenant’s expensefixtures, equipment, improvements and appurtenances, whether or not attached to or built into the Premises. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable electric fixtures, furniture, or trade fixtures and or business equipment or Tenant’s inventory or stock in trade shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall will be, removed by Tenant, at Tenant’s expense, Tenant upon the condition that such removal shall not materially damage the Premises, Premises or the Building, the Property or any portion thereof Building and that the cost of repairing any damages damage to the Premises, Premises or the Building, the Property or any portion thereof (as the case may be) Building arising from installation or such removal shall be paid by Tenant, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant.

Appears in 2 contracts

Samples: Confidentiality Agreement (Hubspot Inc), Confidentiality Agreement (Hubspot Inc)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to excluding Tenant’s tenancyfurniture, fixtures, and equipment) prior to or during the Term, or any extension thereof, whether by Landlord, Landlord at its expense or at the expense of Tenant, Tenant (either or both) or by Tenant shall be and remain part of the Premises and shall not be removed by Tenant during or at the end of the Term unless Landlord, in its sole discretion, shall request Landlord otherwise elects to require Tenant to remove such fixtures, equipment, improvements and appurtenances, in accordance with and subject to Articles 12 and/or 22 of this Lease. Landlord agrees to notify Tenant in writing whether it will be required to remove any of such fixtures, equipment, improvements and appurtenances at the end of the term at the time that Landlord approved Xxxxxx’s plans for same if Tenant requests in which event writing that Landlord make such election at the time that Tenant requests Landlord’s approval thereof, provided that Tenant shall have no obligation to remove carpeting or leasehold improvements in the Premises that are customarily found in first-class business offices. All electric, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, shall be deemed to be included in such at Tenant’s expensefixtures, equipment, improvements and appurtenances, whether or not attached to or built into the Premises. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable electric fixtures, furniture, or trade fixtures and or business equipment or Tenant’s inventory or stock in trade shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall will be, removed by Tenant, at Tenant’s expense, Tenant upon the condition that such removal shall not materially damage the Premises, Premises or the Building, the Property or any portion thereof Building and that the cost of repairing any damages damage to the Premises, Premises or the Building, the Property or any portion thereof (as the case may be) Building arising from installation or such removal shall be paid by Tenant, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant.

Appears in 2 contracts

Samples: Confidentiality Agreement (Hubspot Inc), , and Attornment Agreement (Hubspot Inc)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to excluding Tenant’s tenancyfurniture, fixtures, and equipment) prior to or during the Term, or any extension thereof, whether by Landlord, Landlord at its expense or at the expense of Tenant, Tenant (either or both) or by Tenant shall be and remain part of the Premises and shall not be removed by Tenant during or at the end of the Term unless Landlord, in its sole discretion, shall request Landlord otherwise elects to require Tenant to remove such fixtures, equipment, improvements and appurtenances, in accordance with and subject to Articles 12 and/or 22 of this Lease. Landlord agrees to notify Tenant in writing whether it will be required to remove any of such fixtures, equipment, improvements and appurtenances at the end of the term at the time that Landlord approved Txxxxx’s plans for same if Tenant requests in which event writing that Landlord make such election at the time that Tenant requests Landlord’s approval thereof, provided that Tenant shall have no obligation to remove carpeting or leasehold improvements in the Premises that are customarily found in first-class business offices. All electric, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, shall be deemed to be included in such at Tenant’s expensefixtures, equipment, improvements and appurtenances, whether or not attached to or built into the Premises. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable electric fixtures, furniture, or trade fixtures and or business equipment or Tenant’s inventory or stock in trade shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall will be, removed by Tenant, at Tenant’s expense, Tenant upon the condition that such removal shall not materially damage the Premises, Premises or the Building, the Property or any portion thereof Building and that the cost of repairing any damages damage to the Premises, Premises or the Building, the Property or any portion thereof (as the case may be) Building arising from installation or such removal shall be paid by Tenant, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant.

Appears in 2 contracts

Samples: Confidentiality Agreement (Hubspot Inc), , and Attornment Agreement (Hubspot Inc)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to Tenant’s tenancy) prior to or during the Term, or any extension thereof, whether by Landlord, Landlord at its expense or at the expense of Tenant, Tenant (either or both) or by Tenant shall be and remain part of the Premises and shall not be removed by Tenant during or at the end of the Term unless Landlord, in its sole discretion, shall request Landlord otherwise elects to require Tenant to remove any of such fixtures, equipment, improvements and appurtenances appurtenances, in which event Tenant accordance with Articles 12 and/or 22 of this Lease. All electric, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, shall remove be deemed to be included in such at Tenant’s expensefixtures, equipment, improvements and appurtenances, whether or not attached to or built into the Premises. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable electric fixtures, carpets, drinking or tap water facilities, furniture, or trade fixtures and or business equipment or Tenant’s inventory or stock in trade shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall will be, removed by Tenant, at Tenant’s expense, Tenant upon the condition that such removal shall not materially damage the Premises, Premises or the Building, the Property or any portion thereof Building and that the cost of repairing any damages damage to the Premises, Premises or the Building, the Property or any portion thereof (as the case may be) Building arising from installation or such removal shall be paid by Tenant. If this Lease shall be terminated by reason of Tenant’s breach or default, providedthen, howevernotwithstanding anything to the contrary in this Lease contained, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed a lien against all Tenant’s property in the Premises by or elsewhere in the Building at the sole expense time of such termination to secure Landlord’s rights under Article 21 hereof. Tenant shall, within ten (10) days of Landlord’s written request, from time to time, execute and deliver to Landlord such documentation (e.g., UCC statements) as may be necessary to enable Landlord to perfect such lien. If this Lease shall be terminated by reason of Tenant’s breach or default, Tenant acknowledges that Landlord shall have, and be entitled to enforce, the statutory lien rights granted in Chapter 13 of Title 55 of the Code of Virginia.

Appears in 1 contract

Samples: Learning Tree International Inc

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixturesfixtures (excluding trade fixtures installed by or on behalf of Tenant), equipmentequipment (excluding trade equipment installed by or on behalf of Tenant), improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to Tenant’s tenancy) prior to or during the Term, or any extension thereofterm, whether by Landlord, Landlord at its expense or at the expense of Tenant, Tenant (either or both) or by Tenant shall be and remain part of the Premises and shall not be removed by Tenant during or at the end of the Term term unless Landlord, in its sole discretion, shall request Landlord otherwise elects to require Tenant to remove any of such fixtures, equipment, improvements and appurtenances appurtenances, in which event Tenant accordance with Articles 12 and/or 22 of the Lease. All electric, telephone, telegraph, communication, radio, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, shall remove be deemed to be included in such at Tenant’s expensefixtures, equipment, improvements and appurtenances, whether or not attached to or built into the Premises. Where not built into the Premises, and if furnished and installed by and at the sole expense all of Tenant’s removable electric fixtures, all removable carpets, drinking or tap water facilities, furniture, or trade fixtures and or business or laboratory equipment or Tenant’s inventory or stock in trade shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall beas set forth above, will be removed by Tenant, at Tenant’s expense, Tenant upon the condition that such removal shall not materially damage the Premises, Premises or the Building, the Property or any portion thereof Building and that the cost of repairing any damages damage to the Premises, Premises or the Building, the Property or any portion thereof (as the case may be) Building arising from installation or such removal shall be paid by Tenant, provided, however, that any . The covenants of such items toward which Landlord this Section shall have granted any allowance survive the expiration or credit to Tenant shall be deemed not to have been furnished and installed in earlier termination of the Premises by or at the sole expense of TenantTerm.

Appears in 1 contract

Samples: Term Commencement Date Agreement (Enumeral Biomedical Holdings, Inc.)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on other portion of the Property with respect to Tenant’s tenancy) prior to or during the Term, or any extension thereof, whether (x) by Landlord, at its Landlord’s expense or at the expense of Tenant, (y) by any previous tenant or (z) by Tenant shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Term unless Landlord, in its sole discretion, Landlord shall request Tenant to remove any of such fixtures, equipment, improvements and appurtenances appurtenances, in which event Tenant shall remove such at Tenant’s 's expense. Where not built into the PremisesPremises and, and if furnished and installed by and at the sole expense of Tenant, all removable furniture, trade fixtures and business equipment shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall be, removed by Tenant, at Tenant’s 's expense, upon the condition that such removal shall not materially damage the Premises, the Building, the Property or any portion thereof and that the cost of repairing any damages damage to the Premises, the Building, the Property or any portion thereof (as the case may be) arising from such removal shall be paid by Tenantreimbursed to Landlord upon demand, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant. Notwithstanding any interpretation of the foregoing language to the contrary, it is intended that unless Landlord notify Tenant otherwise (as is Landlord’s right pursuant to this paragraph), at the expiration or earlier termination of the Term, the Premises, the Building and the Property should be left as a fully built out laboratory facility with the exception of those furniture, fixtures and equipment not attached and not built into the Premises which are typically specific to specific laboratory users. The standard for determining whether something is attached to or built into the Premises (i.e. the Building or elsewhere on the Property with respect to Tenant's tenancy) is that if the removal of an item (i) requires tools or special skills for removal, (ii) has any material effect on the function or proper operation of other Building or built-in laboratory systems or (iii) necessitates replacement, modification or repair of any other item attached to or built into the Building or other portion of the Property, then such item shall be deemed attached to or built into the Premises. For convenience, this condition of having been deemed attached to or built into the Premises is referred to in the balance of this paragraph as “built in”. The following are examples (without intended limitation) of items that are built in and NOT built in. Shelving affixed to a wall with screws or other type of fasteners is built in. Freestanding shelving is NOT built in. A computer connected to a 110v convenience outlet by a simple electrical cord and plug but used for controlling Building or other built in laboratory systems is built in. A computer connected in the same way but NOT used for controlling Building or built in laboratory systems is NOT built in. Ice machines, drying ovens and telephone/data network equipment shall specifically be deemed to be built in. Notwithstanding anything to the contrary contained above in this Section 8.4, “Fixtures, Equipment and Improvements - Removal by Tenant.”, the items specifically identified on Exhibit E, “Tenant’s Removable Equipment” may be, and upon the request of Landlord shall be, removed by Tenant, at Tenant's expense, and the cost of demolishing, capping, terminating, securing or making safe any utility connections related to the removal of any Tenant’s Removable Equipment or the removal of other items from the Premises along with the cost of repairing any damage to the Building, the Property or any portion either arising from such removal shall be paid by Tenant to Landlord upon demand. Improvements in the Premises made by Tenant, approved in advance and in writing by Landlord pursuant to Section 8.2 ("

Appears in 1 contract

Samples: Lease Agreement (OvaScience, Inc.)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on other portion of the Property with respect to Tenant’s tenancy) prior to or during the Term, or any extension thereof, whether (x) by Landlord, at its Landlord’s expense or at the expense of Tenant, (y) by any previous tenant or (z) by Tenant shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Term unless Landlord, in its sole discretion, Landlord shall request Tenant to remove any of such fixtures, equipment, improvements and appurtenances appurtenances, in which event Tenant shall remove such at Tenant’s expense. Where not built into the PremisesPremises and, and if furnished and installed by and at the sole expense of Tenant, all removable furniture, trade fixtures and business equipment shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall be, removed by Tenant, at Tenant’s expense, upon the condition that such removal shall not materially damage the Premises, the Building, the Property or any portion thereof and that the cost of repairing any damages damage to the Premises, the Building, the Property or any portion thereof (as the case may be) arising from such removal shall be paid by Tenantreimbursed to Landlord upon demand, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant. Notwithstanding any interpretation of the foregoing language to the contrary, it is intended that unless Landlord notify Tenant otherwise (as is Landlord’s right pursuant to this paragraph), at the expiration or earlier termination of the Term, the Premises, the Building and the Property should be left as a fully built out office, research and development facility with the exception of those furniture, fixtures and equipment not attached and not built into the Premises which are typically specific to specific office, research and development users. The standard for determining whether something is attached to or built into the Premises (i.e. the Building or elsewhere on the Property with respect to Tenant’s tenancy) is that if the removal of an item (i) requires tools or special skills for removal, (ii) has any material effect on the function or proper operation of other Building or built-in office, research and development systems or (iii) necessitates replacement, modification or repair of any other item attached to or built into the Building or other portion of the Property, then such item shall be deemed attached to or built into the Premises. For convenience, this condition of having been deemed attached to or built into the Premises is referred to in the balance of this paragraph as “built in”. The following are examples (without intended limitation) of items that are built in and NOT built in. Shelving affixed to a wall with screws or other type of fasteners is built in. Freestanding shelving is NOT built in. A computer connected to a 110v convenience outlet by a simple electrical cord and plug, but used for controlling Building or other built in office, research and development systems is built in. A computer connected in the same way but NOT used for controlling Building or built in office, research and development systems is NOT built in. Ice machines, drying ovens and telephone/data network equipment shall specifically be deemed to be built in. Notwithstanding anything to the contrary contained above in this Section 8.4, “Fixtures, Equipment and Improvements - Removal by Tenant.”, the items specifically identified on Exhibit E, “Tenant’s Removable Equipment” may be, and upon the request of Landlord shall be, removed by Tenant, at Tenant’s expense, and the cost of demolishing, capping, terminating, securing or making safe any utility connections related to the removal of any Tenant’s Removable Equipment or the removal of other items from the Premises along with the cost of repairing any damage to the Building, the Property or any portion either arising from such removal shall be paid by Tenant to Landlord upon demand.

Appears in 1 contract

Samples: Lease Agreement (D8 Holdings Corp.)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to Tenant’s 's tenancy) prior to or during the Term, or any extension thereof, whether by Landlord, at its expense or at the expense of Tenant, or by Tenant shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Term unless Landlord, in its sole discretion, shall request Tenant to remove any of such fixtures, equipment, improvements and appurtenances in which event Tenant shall remove such at Tenant’s 's expense. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable furniture, trade fixtures and business equipment shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall be, removed by Tenant, at Tenant’s 's expense, upon the condition that such removal shall not materially damage the Premises, the Building, the Property or any portion thereof and that the cost of repairing any damages to the Premises, the Building, the Property or any portion thereof (as the case may be) arising from such removal shall be paid by Tenant, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant.

Appears in 1 contract

Samples: Lease Agreement (Acer Therapeutics Inc.)

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FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to Tenant’s tenancy) premises prior to or during the Term, or any extension thereofterm (other than Tenant's trade fixtures and business equipment), whether by Landlord, Landlord at its expense or at the expense of Tenant, Tenant (either or both) or by Tenant shall be and remain part of the Premises premises and shall not be removed by Tenant during or at the end of the Term term unless Landlord, in its sole discretion, shall request Landlord otherwise elects to require Tenant to remove any of such fixtures, equipment, improvements and appurtenances appurtenances, in which event Tenant shall remove such at Tenant’s expenseaccordance with Articles 12 and/or 22 of the Lease. Where not built into the PremisesAll electric, plumbing, heating and if furnished and installed by and at the sole expense of Tenantsprinkling systems, all removable furniture, trade fixtures and business equipment outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances, if attached to or built into the premises. Tenant's Removable Property, as set forth on Exhibit 8, and where not built into the premises all carpets, drinking or tap water facilities, removable electric fixtures, furniture, or trade fixtures or business equipment or Tenant's inventory or stock in trade shall not be deemed to be included in such fixtures, equipment improvements and appurtenances and may be, and upon the request of Landlord shall will be, removed by Tenant, at Tenant’s expense, upon the condition that such removal shall not materially damage the Premises, the Building, the Property or any portion thereof Tenant and that the cost of repairing any damages to the Premises, premises or the Building, the Property or any portion thereof (as the case may be) Building arising from installation or such removal shall be paid by Tenant, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant.

Appears in 1 contract

Samples: Edocs Inc

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixturesfixtures (which expressly includes for purposes of this Section 11 fume hoods, lab sinks and laboratory benches), equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to Tenant’s tenancy) prior to or during the Term, or any extension thereofterm hereof, whether by Landlord at Landlord, at its 's expense or at the expense of Tenant, Tenant (either or both) or by Tenant (but excluding all items of Tenant's Removable Property) shall be and remain part of the Premises and shall not be removed by Tenant during or at the end of the Term term hereof unless Landlord, Landlord authorizes such removal in its sole discretion, shall request writing or otherwise elects to require Tenant to remove any of such fixtures, equipment, improvements and appurtenances appurtenances, in which event accordance with the terms of Section 12.1 below; provided, however, that Tenant shall have the right to remove such (at Tenant’s 's expense) the items of "TENANT'S REMOVABLE PROPERTY" listed on EXHIBIT 9, attached hereto (as same may be updated from time to time by Tenant with the prior approval of Landlord), provided that such removal shall not materially damage the Premises or the Building and that Tenant shall repair any damage to the Premises or the Building arising from the installation or removal thereof. In addition, (i) the Equipment shall not be removed from the Premises, and (ii) the pure water system and the waste treatment system shall not be removed from the Premises during or at the end of term hereof except, upon at least ten (10) TOLERRX LEASE / BUILDING 300 / EXECUTION VERSION business days' prior written notice to Landlord, by the holder of a purchase money security interest therein and then only as a result of Tenant's failure to pay sums as and when due to such holder and in accordance with the terms of the loan agreement by and between Tenant and such holder. Nothing in this Lease shall be construed to permit Tenant to grant any interest whatsoever in (a) any fixtures within the Premises or (b) any item paid in whole or in part with Landlord's Contribution or the Equipment Allowance without the consent of Landlord. All electric, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, shall be deemed to be included in such fixtures, improvements and appurtenances, whether or not attached to or built into the Premises. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable electric fixtures, carpets, drinking or tap water facilities, furniture, or trade fixtures and or business or laboratory equipment or Tenant's inventory or stock in trade shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall will be, removed by Tenant, at Tenant’s expense, Tenant upon the condition that such removal shall not materially damage the Premises, Premises or the Building, the Property or any portion thereof Building and that the cost of repairing any damages damage to the Premises, Premises or the Building, the Property or any portion thereof (as the case may be) Building arising from installation or such removal shall be paid by Tenant. Nothing in this Section 11 shall prohibit Tenant from relocating any fume hoods and laboratory benches installed within the Premises from time to time during the term of this Lease. Notwithstanding anything to the contrary contained herein, provided, however, that any at the end of such items toward which Landlord shall have granted any allowance or credit to the term hereof Tenant shall be deemed not to have been furnished remove all autoclaves and installed in cage washers from the Premises by or at the sole expense of TenantPremises.

Appears in 1 contract

Samples: Indenture of Lease (Tolerrx Inc)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises (or the Building or elsewhere on the Property with respect to Tenant’s tenancy) prior to or during the Term, or any extension thereof, whether by Landlord, Landlord at its expense or at the expense of Tenant, Tenant (either or both) or by Tenant shall be and remain part of the Demised Premises and shall not be removed by Tenant at the end of the Term unless Landlord, otherwise expressly provided in its sole discretion, shall request Tenant to remove any of such fixtures, equipment, improvements and appurtenances in which event Tenant shall remove such at Tenant’s expensethis Lease. Where not built into the Premises, and if If furnished and installed by and at the sole expense of Tenant, all removable electric fixtures, air conditioning, carpets, drinking or tap water facilities, furniture, trade fixtures and or business equipment shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall will be, removed by Tenant, at Tenant’s expense, Tenant upon the condition that such removal shall not materially damage the Premises, Demised Premises or the Building, the Property or any portion thereof Building and that the cost of repairing any damages damage to the Premises, Demised Premises or the Building, the Property or any portion thereof (as the case may be) Building arising from such removal shall be paid by Tenant, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Demised Premises by or at the sole expense of Tenant.

Appears in 1 contract

Samples: Agreement of Lease (Investment Technology Group Inc)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixturesalterations, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to Tenant’s tenancy) prior to or during the Termadditions, or any extension thereofimprovements made in or upon the Premises, whether by Landlordincluding without limitation all wiring and cabling, shall, at its expense or at the expense of TenantLandlord’s option, or by Tenant shall be and remain part of the Premises and shall not either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain on the Premises at the end of the Term unless without compensation to Tenant. Upon Tenant’s written request, Landlord will inform Tenant in writing which option Landlord elects, at the time that plans for particular alterations, additions, or improvements are approved by Landlord; provided, however, that in its sole discretionall events any alterations, additions or improvements that are unique to Tenant’s use of the Premises and are not reasonably likely to be used by future tenants of the Premises, shall request be removed at the end of the Term by Tenant to (unless Landlord elects otherwise at the end of the Term). Tenant shall remove any of such all trade fixtures, furniture, equipment, improvements and appurtenances personal property placed in which event Tenant shall remove such at Tenant’s expense. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable furniture, trade fixtures and business equipment shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall be, removed Premises by Tenant, at Tenant’s expense, upon the condition that such removal shall not materially damage the Premises, the Building, the Property or any portion thereof and that the . The cost of repairing any damages damage to the Premises, Premises or the Building, the Property or any portion thereof (as the case may be) Building arising from such removal shall be promptly paid by Tenant. Any wiring or cabling that Landlord has elected, in accordance with this Section to have remain in the Premises after the end of Term shall be disconnected at the office or cube only, so that Landlord may reuse such wiring or cable for a future tenant. All items not so removed shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of (at Tenant’s sole cost and expense) by Landlord without notice to Tenant and without any obligation to account for such items; provided, however, that this sentence does not give Tenant the option to leave behind any items which it is responsible to remove. This Section 8 shall survive the expiration or sooner termination of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenantthis Lease.

Appears in 1 contract

Samples: Form of Commercial Lease (GrowGeneration Corp.)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises (or the Building or elsewhere on the Property with respect to Tenant’s tenancy) prior to or during the Term, term by or any extension thereof, whether by Landlord, at its expense or at the expense of Tenant, or by for Tenant shall be and remain removed from the Demised Premises by Tenant upon the expiration or other termination of the Term of this Lease in accordance to the provisions set forth in Section 9 herein. Notwithstanding the foregoing, Tenant shall restore any portion of the Demised Premises which constitutes laboratory space, whether constructed as part of the Premises initial Tenant Work or as part of any subsequent alteration pursuant to Section 9 (collectively, the "Laboratory Space"), as follows: Tenant shall pull up all carpets and floor tile, repair any floor or roof penetrations, remove all plumbing and casework and remove excess HVAC ductwork and equipment such that the HVAC remaining in the Laboratory Space is free of all residues and is sufficient for standard office use in a quality consistent with a first-class office building. Tenant shall not be removed required to remove any ceiling tiles or to re-partition the Laboratory Space, which shall remain partitioned as shown on the plans and specifications approved by Landlord pursuant to Section 9, as amended in connection with any subsequent alteration of any portion of the Demised Premises pursuant to Section 9, such alteration shall become part of the Demised Premises and property of Landlord unless Landlord elects by written notice, pursuant to the provisions of Section 9, to require Tenant at to remove such work upon the end expiration or other termination of the Term unless Landlord, in its sole discretion, shall request Tenant to remove any of such fixtures, equipment, improvements and appurtenances in which event Tenant shall remove such at Tenant’s expensethis Lease. Where not built into the Premises, Demised Premise and if furnished and installed by and at the sole expense of Tenant, all removable electric fixtures, signs, furniture, or trade fixtures and or business equipment shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall will be, removed by Tenant, at Tenant’s expense, upon the condition that such removal shall not materially damage the Premises, the Building, the Property or any portion thereof Tenant and that the cost of repairing any damages damage to the Premises, Demised Premises or the Building, the Property or any portion thereof (as the case may be) Building arising from such removal shall be paid by Tenant, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

FIXTURES, EQUIPMENT AND IMPROVEMENTS—REMOVAL BY TENANT. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to Tenant’s 's tenancy) prior to or during the Term, or any extension thereof, whether by Landlord, at its expense or at the expense of Tenant, or by Tenant shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Term unless Landlord, in its sole discretion, shall request Tenant to remove any of such fixtures, equipment, improvements and appurtenances in which event Tenant shall remove such at Tenant’s expense's expense and the cost of repairing any damages to the Premises, the Building, the Property or any portion thereof (as the case may be) arising from such removal shall be paid by Tenant. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable furniture, trade fixtures and business equipment shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall be, removed by Tenant, at Tenant’s 's expense, upon the condition that such removal shall not materially damage the Premises, the Building, the Property or any portion thereof and that the cost of repairing any damages to the Premises, the Building, the Property or any portion thereof (as the case may be) arising from such removal shall be paid by Tenant, ; provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant (if any) shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant.

Appears in 1 contract

Samples: Lease Agreement (NeuroMetrix, Inc.)

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