Common use of Landlords and Tenants Property Clause in Contracts

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property), whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from such installation and/or removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) 12.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises prior to at the commencement of, of or during the Term which relate to the operation term of the Building (but expressly excluding Tenant’s Property)this lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this lease, be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (includingTenant, but not limited to, Alterations pursuant to except as provided in Section 11)12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute be and shall remain Landlord’s Property property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, unless they are being replaced or substituted by upon notice to Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s later than thirty (30) days prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced Expiration Date or substituted pursuant upon reasonable notice with respect to Alterations performed in accordance with such earlier date upon which the terms term of this Lease. At lease shall expire, Landlord may require Tenant to remove, at Tenant’s cost and expense, any Specialty Alterations (as herein defined) installed on or before the Expiration Date, or after the date hereof by or on behalf of any earlier termination, Tenant, at its expense, shall remove from Tenant or anyone claiming by through or under Tenant and to repair and restore the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor condition existing prior to the making of the Premises (“Tenant’s Property”), said Specialty Alterations and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from or the Building due to such removal, unless if at the time Tenant requested Landlord’s consent to the installation and/or of the Specialty Alterations, Tenant requested Landlord to advise Tenant whether Landlord would require the removal of such Specialty Alterations and Landlord then advised Tenant that it would not require such removal. Any other items For the purposes hereof, “Specialty Alterations” shall mean Alterations consisting of Tenant’s personal property that shall remain in the Premises after the Expiration Datekitchens, or following an earlier termination dateexecutive bathrooms, mayraised computer floors, at the option of Landlordcomputer installations, be deemed to have been abandonedvaults, libraries, internal staircases, dumbwaiters, pneumatic tubes, vertical and horizontal transportation systems, and other Alterations of a similar character which are not Building-Standard in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlordnature.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to (collectively, “Fixtures”) at the commencement ofof any Early Access, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires requests their removal (includingremoval. All movable non-structural partitions, but not limited tobusiness and trade fixtures, Alterations pursuant to Section 11). Furthermachinery and equipment, any personal property communications equipment and office equipment that are installed in the Premises on by, or for the Commencement Dateaccount of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable or otherwisepersonal property owned by Tenant and located in the Premises (collectively, unless installed and paid for by the “Tenant, ’s Property”) shall also constitute Landlord’s Property be and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with remain the property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this LeaseTenant. At or before the Expiration Date, or the date of any earlier terminationtermination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal propertyProperty, trade fixtures, machinery and equipment any Alterations (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenantexcept such items thereof as constitute Landlord’s Property”), Property unless Landlord otherwise directs) and any Alterations that Fixtures designated by Landlord requires be removed pursuant to Section 11, as requiring removal and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from such any installation and/or removalremoval thereof. Any other If any items of Tenant’s personal property that shall Property remain in at the Premises after following the Expiration Date, expiration or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such casethis Lease, such items shall automatically be deemed abandoned and Landlord may be retained by take any action whatsoever as Landlord as its property or be disposed may desire with respect to such remaining items of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profitProperty. Notwithstanding the foregoing, if Landlord and Tenant is in default under acknowledge and agree that upon termination or expiration of the terms Term of this the Lease, Tenant may remove Tenant’s personal property will be responsible for disassembling and removing the vault from the Premises only upon and restoring the express written direction affected area of Landlordthe Premises thereof to its condition prior to the installation of the vault.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises prior to at the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant. Not withstanding anything herein to the contrary, unless they are being replaced or substituted the exterior sign (the “sign”) placed on the Premises by Tenant with property shall not become Landlord’s Property and Tenant shall be required to remove sign upon expiration of equal or better qualitythe Term. In no event event~ shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), property and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from either or both such installation and/or and removal. Any other items of TenantXxxxxx’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in LandlordXxxxxxxx’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove TenantXxxxxx’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises prior to the commencement of, or during the Term which relate to the operation of the Building (but expressly excluding Tenant’s Property)Premises, whether or not placed there by or at the expense of TenantTenant (collectively, “Fixtures”), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (including, but not limited to, Alterations pursuant to Section 11). Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with . All Fixtures constituting Tenant’s Improvements and Betterments shall be the property of equal Tenant during the Term and, upon expiration or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of this Lease. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from such installation and/or removal. Any other items of Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove shall become the property of Landlord. All Fixtures (including, without limitation, Fixtures installed as part of the Tenant’s personal Initial Alterations) other than Improvements and Betterments shall, upon installation, be the property from of Landlord. “Tenant’s Improvements and Betterments” means (i) all Fixtures, if any, installed at the expense of Tenant, whether installed by Tenant or by Landlord (i.e., excluding any Fixtures paid for by Landlord directly or by way of an allowance) and (ii) all carpeting affixed to the Premises only upon (other than non-affixed area rugs). Notwithstanding the express written direction foregoing or any contrary provision contained in this Lease: (i) all Fixtures made at Tenant’s expense (i.e., those Fixtures not paid for with Landlord’s Contribution) shall be deemed owned by Tenant for the purposes of income taxes and Tenant shall have the right to depreciate the cost of such Fixtures, (ii) all Fixtures paid for with Landlord’s Contribution shall be deemed to be owned by Landlord for purposes of income taxes and Landlord shall have the right to depreciate the cost of such Fixtures, and (iii) in no event shall any Tenant’s Property be deemed Fixtures.

Landlords and Tenants Property. (a) 12.01 All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises prior to at the commencement of, of or during the Term which relate to the operation term of the Building (but expressly excluding Tenant’s Property)this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (includingTenant, but not limited to, Alterations pursuant to except as provided in Section 11)12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute be and shall remain Landlord’s Property property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, unless they are being replaced upon notice to Tenant no later than one hundred eighty (180) days prior to the Expiration Date or substituted by upon reasonable notice with respect to such earlier date upon which the term of this Lease shall expire, Landlord may require Tenant with property of equal to remove all or better quality. In no event shall Tenant remove any part of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting foregoing fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing improvements and appurtenances attached to or security gatesbuilt into the Premises during the term of this Lease by identifying to Tenant in writing, any Alterations that will require restoration upon the expiration or other similar building operating equipment and decorations, except to the extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms sooner termination of this Lease. At or before the Expiration Date; provided, or however, that (i) Tenant shall not be obligated to remove any such fixtures, equipment, improvements and appurtenances installed prior to the date of this Lease, and (ii) Tenant’s obligation to remove fixtures, equipment, improvements and appurtenances installed after the date of this Lease shall be limited to items that are not of the type, quality or quantity of improvement that is customarily found in a standard office installation in first class office buildings in the midtown area of Manhattan in the City of New York, including, but not limited to, kitchens (which shall not included pantries), vaults, private restrooms, shower rooms and shower stalls, raised or reinforced flooring, staircases or supplemental HVAC equipment (except that Tenant shall not be required to remove ceiling hung supplemental air-conditioning units having a capacity of five (5) tons or less). Tenant shall remove any earlier termination, such items required by Landlord pursuant to the preceding sentence from the Premises prior to the expiration of this Lease at Tenant, ’s expense. Upon such removal Tenant shall immediately and at its expense, shall remove from repair and restore the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), condition existing prior to installation and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from or the Building due to such installation and/or removal. Any other items of At Tenant’s personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, maywritten request, at the option time of Landlord, be deemed ’s consent to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expenseAlterations, together with an additional twenty one Landlord will identify any Alterations specified in Tenant’s Plans that will require restoration (21%subject to the limitations contained in this Section 12.01) percent of such costs for Landlord’s overhead and profit. Notwithstanding upon the foregoing, if Tenant is in default under the terms expiration or sooner termination of this Lease, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlord.

Landlords and Tenants Property. (a) 12.01 All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises prior to at the commencement of, of or during the Term which relate to the operation term of the Building (but expressly excluding Tenant’s Property)this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requires their removal (includingTenant, but not limited to, Alterations pursuant to except as provided in Section 11)12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute be and shall remain Landlord’s Property property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, unless they are being replaced upon notice to Tenant no later than thirty (30) days prior to the Expiration Date or substituted by upon reasonable notice with respect to such earlier date upon which the term of this Lease shall expire, Landlord may require Tenant with property to remove all or part of equal the foregoing fixtures, equipment, improvements and appurtenances attached to or better quality. In no event built into the Premises during the term of this Lease; provided, however, that (i) Tenant shall Tenant not be obligated to remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting such fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing improvements and appurtenances installed prior to the date of this Lease, and (ii) Tenant’s obligation to remove fixtures, equipment, improvements and appurtenances installed after the date of this Lease shall be limited to non-standard items such as kitchens, vaults, private restrooms, raised or security gatesreinforced flooring, internal stairs, or other similar building operating equipment and decorations, except items which are unusually difficult or expensive to remove. Tenant shall remove any such items required by Landlord pursuant to the extent they are replaced or substituted pursuant preceding sentence from the Premises prior to Alterations performed in accordance with the terms expiration of this LeaseLease at Tenant’s expense. At or before the Expiration Date, or the date of any earlier termination, Tenant, Upon such removal Tenant shall immediately and at its expense, shall remove from repair and restore the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), condition existing prior to installation and any Alterations that Landlord requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from or the Building due to such installation and/or removal. Any other If Landlord has instructed Tenant to remove any of the items listed above in this Section 12.01, then Tenant shall have the right, in lieu of Tenant’s personal property that shall remain in removing such items and restoring the Premises after Premises, to pay to Landlord an amount equal to 105% of the Expiration Datecost of removing such items and restoring the Premises, or following an earlier termination date, may, at the option of as such amount is reasonably determined by Landlord, be deemed . If Tenant elects to have been abandoned, Landlord perform such removal and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Leaserestoration work, Tenant may remove Tenant’s personal property from the Premises only upon the express written direction of Landlordshall pay to Landlord such cost thereof prior to Landlord performing such work and within twenty (20) days after demand therefor.