Common use of Landlord’s Property Clause in Contracts

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 5 contracts

Samples: Office Lease (Viewray Inc), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)

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Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and remain the property of Tenant, but shall, upon the expiration or earlier termination of this Lease, become the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to Tenant prior delivered at the time Landlord's consent to the end of the Lease Term, or given following any earlier termination of this LeaseAlteration was requested, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements such Alteration at the end of the Lease Term and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant's installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises. Notwithstanding the foregoing, which obligations of Tenant shall survive not be required to remove any alterations, improvements, fixtures, equipment, trade fixtures and/or appurtenances existing on the expiration or earlier termination of this LeaseLease Commencement Date. Tenant may remove equipment brought to the Premises by Tenant and not paid for by Landlord.

Appears in 4 contracts

Samples: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)

Landlord’s Property. All AlterationsLeasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant. Notwithstanding the foregoing, improvementssubject to Section 7.4, fixturesTenant, equipment and/or appurtenances which may be installed before the expiration or placed in or about the Premisesearlier termination hereof, from time to timeat its expense, and except as otherwise notified by Landlord, shall be at the sole cost of Tenant and remove any Tenant-Insured Improvements (other than any supplemental HVAC unit, which shall be and become the property of Landlord; providedgoverned by Section 25.5), however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any resulting damage to the Premises or Building, and Building caused by such removal and return restore the affected portion of the Premises to their its configuration and condition existing prior to before the installation of such Alterations or improvements orTenant-Insured Improvements; provided, at Landlord’s electionhowever, to a building standard tenant improved condition that if the estimated cost of such work, as reasonably determined by Landlord; provided; however, that notwithstanding exceeds $60,000.00, then Tenant shall not be required to perform such work, but shall instead reimburse Landlord for the foregoingreasonable actual cost of such work, upon request not to exceed $60,000.00, within 30 days after receiving demand therefor together with reasonable documentation thereof. If Tenant fails to timely perform any work required to be performed by Tenant under the preceding sentence, Landlord may perform such work at the time of Tenant’s request for expense. If, when it requests Landlord’s consent to approval of any Alteration Tenant Improvements or improvementAlterations, Tenant specifically requests that Landlord shall notify identify any such Tenant whether the applicable Alteration Improvements or improvement Alterations that Landlord will be required require to be removed pursuant to the terms of this Section 8.58, Landlord shall do so (subject to Section 7.4) when it provides such approval. If Nothing herein shall be deemed to (a) transfer to Landlord ownership of any of Tenant’s trade fixtures, furniture, equipment or other personal property installed in the Premises (“Tenant’s Property”), or (b) prohibit Tenant fails to complete such removal and/or to repair any from removing Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the removal of any Alterations its installation or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseremoval.

Appears in 4 contracts

Samples: Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and and, other than Tenant’s equipment, which shall remain Tenant’s sole property, shall be and become the property of Landlord; provided. Landlord may, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any “Above Standard Tenant Improvements,” as that term is defined in Section 2.4 of the Tenant Work Letter, located within the Premises and replace the same with then existing “Building Standard Tenant Improvements,” as that term is defined in Section 2.3 of the Tenant Work Letter, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.. ARTICLE 9

Appears in 4 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and Tenant. Upon the expiration or early termination of the Lease Term, at Landlord’s election in its sole discretion, such Alterations, improvements, fixtures and/or equipment, or any of them, shall be and become the property of Landlord; provided, howeverexcept that Tenant shall retain ownership and be entitled to remove all fixtures and equipment paid for by Tenant’s own funds provided that Tenant repairs any damage to the Premises caused by such removal. Furthermore, Landlord may, by written notice to at the time of its approval of any such Alteration requested, require that Tenant prior to remove such Alterations, improvements, fixtures and/or equipment, or any of them, upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.

Appears in 4 contracts

Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (subject to the provisions of Section 8.6, below) and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter Agreement shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however, Tenant may remove any Alterations, improvements (excluding the Improvements), fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for by any Improvement Allowance funds, provided that Tenant repairs any and all damage to the Premises or the Building caused in whole or in part by such removal, and returns the affected portion of the Building or the Premises to an as-improved building standard condition, as reasonably approved by Landlord. Furthermore, Landlord may, by written notice to Tenant Tenant, at least sixty (60) days prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements and located within the Premises, to repair any damage to the Premises and Building caused by such removal removal, and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations (including any Cosmetic Alterations), (x) Tenant requests Landlord's decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement when approving (or, if applicable, following notification of) such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Alterations or Cosmetic Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration such Alterations or improvementCosmetic Alterations, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required deemed to be removed pursuant have agreed to the terms [***] Confidential portions of this Section 8.5document have been redacted and filed separately with the Commission. waive the removal requirement with regard to such Alterations or Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord (specifically excluding trade fixtures and the equipment installed by Tenant upon taking possession of the Premises), except that Tenant may remove any fixtures and/or equipment (e.g., additional HVAC or chillers) which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord; provided, howeverprovided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice Notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, (i) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant, and (ii) Tenant shall be deemed to be in holdover until such time as the removal and restoration is completed (and, accordingly, the terms of Article 16 of this Lease shall be applicable during such period). Tenant hereby protects, defends, indemnifies and holds the Landlord Parties harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Landlord shall not under any circumstances be liable to any equipment lessor or construction lender for loss or other impairment of their collateral.

Appears in 3 contracts

Samples: Office Lease (Tracon Pharmaceuticals Inc), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Furthermore, Landlord may, by written notice to Tenant at least ninety (90) days prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Sublease (Jounce Therapeutics, Inc.), Massachusetts Avenue (Werewolf Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Office Lease (Quality Systems Inc), Office Lease (Quality Systems Inc), Office Lease (United Pan Am Financial Corp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal removal, or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Motricity Inc), Office Lease (Motricity Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises (excluding the Tenant Improvements) and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration, or at the time of Tenant’s notice for any Alteration or improvementthat does not require Landlord’s consent, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner [Decipher Biosciences, Inc.] relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment (excluding the Tenant Improvements) in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove any of the Tenant Improvements upon the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Sorrento Highlands (Decipher Biosciences, Inc.), Sorrento Highlands (Decipher Biosciences, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which that may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; provided; , however, that notwithstanding Landlord may not require Tenant to remove any Tenant Improvements shown in the foregoingApproved Schematic Plans or any Alternations consistent with the improvements shown in the Approved Schematic Plan, upon request by Tenant at or any Alterations which are otherwise consistent with typical tenant improvements in the time of Tenant’s request for Landlord’s consent to any Alteration biotechnology or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the "Tenant's Property") shall at all times be and remain Tenant's property. Exhibit F may be updated from time to time by agreement of the Parties. Tenant may remove the Tenant's Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant's Property.

Appears in 2 contracts

Samples: Sublease (Sutro Biopharma, Inc.), Five Prime Therapeutics Inc

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to the condition that existed prior to the installation of such Alterations. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their the condition existing that existed prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by LandlordAlterations; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove any Tenant Improvements or Alterations which are normal and customary business office improvements for the South of Market (“SOMA”) portion of the financial district area of San Francisco, California; provided, however, in any event Landlord may require Tenant to remove, all (i) rolling files and structural supports, (ii) built-in or high-density file systems, (iii) any supplemental HVAC system installed by Tenant, (iv) any improvements which affect the Building Structure, including, without limitation, any stairwells, internal staircases or vaults, and any improvements which affect the Building Systems, including, without limitation, any cooking kitchens (i.e., with gas ovens/stoves) other than in the 9th Floor Premises, any fitness or exercise facility, showers, or core drills, (v) any security or information technology systems installed by or on behalf of Tenant in the Premises, including, without limitation, any data center, (vi) any Additional Bicycle Storage installed by Tenant or on behalf of Tenant, (vii) any Generator installed by Tenant or on behalf of Tenant, and (viii) any “Communications Equipment” (as that term is defined below) installed by or on behalf of Tenant. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements orrequired condition, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, except to the extent due to Landlord’s negligence, willful misconduct or violation of this Lease, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Except as set forth in this Section 8.5, Tenant shall not be required to restore any improvements constructed pursuant to the Tenant Work Letter.

Appears in 2 contracts

Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, conduit, equipment (excepting Tenant's telecommunications equipment) and/or appurtenances which may be installed or placed in or about the Premises, from time to time, including any non-general office use improvements made at the time of Tenant's initial occupancy of the Premises, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverand shall be and remain part of the Premises and shall not be removed by Tenant at the end of the term of this Lease, unless Landlord agreed to its removal at the time Landlord consented to such Alteration. Such fixtures, alterations, additions, repairs, improvements and/or appurtenances shall include, without limitation, the Base Premises Work (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures and equipment, plumbing systems, electrical systems, lighting systems, silencing equipment, switching conduit and cabling, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time Tenant requests Landlord's consent to the end of the Lease Termany Alteration pursuant to Section 8.1 or Section 22,, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements Alterations, improvements, fixtures, conduit, equipment, and/or appurtenances in the Premises and Project, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, and Project to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Alterations, improvements, fixtures, conduit, equipment, and/or appurtenances in the Premises and return Project, and returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, and Project to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures fixtures, conduit, equipment, and/or equipment appurtenances in, on or about the PremisesPremises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Universal Access Inc), Office Lease (Universal Access Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment (“FF&E”) and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements (including demountable walls), and any FF&E purchased with the “Alterations Allowance” defined in Section 8.6, below, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the “Tenant’s Property”) shall at all times be and remain Tenant’s property. Exhibit F may be updated from time to time by agreement of the parties. Tenant may remove the Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant’s Property.

Appears in 2 contracts

Samples: Lease (RAPT Therapeutics, Inc.), Lease (RAPT Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, Landlord may, by written notice to Tenant prior given at the time Landlord grants its consent to any Alteration (which notice shall specify the end of the Lease Term, or given following any earlier termination of this Leasereasonable grounds for such requirement), require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises upon the expiration or earlier termination of this Lease, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of Premises, provided that Tenant does not fulfill such Alterations or improvements or, if elected by obligation within ten (10) days following notice from Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost Actual Cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Artistdirect Inc), Office Lease (Equity Marketing Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements (including demountable walls), shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the HCP, INC [Britannia Pointe Grand] [ORIC Pharmaceuticals, Inc.] installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the “Tenant’s Property”) shall at all times be and remain Tenant’s property. Exhibit F may be updated from time to time by agreement of the parties. Tenant may remove the Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant’s Property.

Appears in 2 contracts

Samples: Lease (Oric Pharmaceuticals, Inc.), Lease (Oric Pharmaceuticals, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however. Furthermore, Landlord maymay require that Tenant remove any Alterations, by written notice to Tenant prior to improvements, fixtures and/or equipment upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition so long as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Landlord notified Tenant in writing at the time Landlord approved such Alterations and Tenant Improvements (or with respect to Alterations not requiring Landlord’s consent, at the time Tenant notified Landlord of Tenant’s request for such Alterations) that Landlord will require the removal of any such Alterations and Tenant Improvements but only if Tenant requested (in writing) that Landlord make such removal determination at the time Tenant requested Landlord’s consent to any Alteration such Alterations or improvement, Tenant Improvements (or at the time Tenant provided Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms with written notice of this Section 8.5Alterations not requiring Landlord’s consent). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.

Appears in 2 contracts

Samples: Lease (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to timeafter the initial Tenant Improvements (which initial Tenant Improvements shall be governed by the terms of the Tenant Work Letter), shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements orremoval; PROVIDED; HOWEVER, at Landlord’s electionTHAT NOTWITHSTANDING THE FOREGOING, to a building standard tenant improved condition as determined by Landlord; provided; howeverUPON REQUEST BY TENANT AT THE TIME OF TENANT’S REQUEST FOR LANDLORD’S CONSENT TO ANY ALTERATION OR IMPROVEMENT, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section LANDLORD SHALL NOTIFY TENANT WHETHER THE APPLICABLE ALTERATION OR IMPROVEMENT WILL BE REQUIRED TO BE REMOVED PURSUANT TO THE TERMS OF THIS SECTION 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises Premises, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Yelp Inc), Office Lease (Yelp Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to the condition existing prior to construction of such Alterations or improvements. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing prior to the installation construction of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordimprovements; provided; , however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s 's request for Landlord’s 's consent to any Alteration Alterations or improvementimprovements, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If by the end of the Lease Term (including the sooner termination thereof), Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their the condition existing prior to the installation construction of such Alterations or improvements orimprovements, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Zeltiq Aesthetics Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, subject to the terms of Section 8.2 of this Lease, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding . Notwithstanding the foregoing, upon request in no event shall Tenant be obligated to remove from the Premises (i) any typical general office tenant improvements, and (ii) the Tenant Improvements constructed by Landlord under the Tenant at Work Letter (provided that same are consistent with the time Space Plan referenced in the Tenant Work Letter as of the date of this Lease), provided that the foregoing shall not limit or reduce Tenant’s request for Landlord’s consent obligation to any Alteration or improvementremove 000 XXXXXXXX XXXXXXXXX “Lines,” as that term is defined in Section 29.31 of this Lease, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required subject to be removed pursuant to and in accordance with the terms of Section 29.31 of this Section 8.5Lease. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord may, by written notice have not been paid for with any Tenant improvement allowance funds provided to Tenant prior to the end of the Lease Termby Landlord, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair provided Tenant repairs any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however. Furthermore, that notwithstanding prior to the foregoingexpiration or earlier termination of this Lease, upon request by Tenant shall, at the time of Tenant’s request for Landlord’s consent to expense, remove any Alteration or improvementdesignated by Landlord and restore the same to the condition existing prior to the installation of such Alteration (provided such previous condition did not require any repair, Landlord in which event Tenant shall notify restore the same to the condition existing as of the completion of the initial Tenant whether the applicable Alteration or improvement will be required to be removed pursuant Improvements), subject to the terms of this Section 8.58.2, above. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their the condition existing prior to the installation of such Alterations or improvements orrequired hereunder, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)

Landlord’s Property. All Alterationsalterations, additions, ------------------- fixtures and improvements, fixtureswhether temporary or permanent in character, equipment and/or appurtenances which may be installed or placed made in or about to the Premises by Landlord or Tenant (other than personal property and trade fixtures owned by Tenant), shall no later than the termination of this Lease, become part of the Property and Landlord's property. Upon termination of this Lease, Landlord shall have the right, at Landlord's option, by giving written notice to Tenant at any time before or within sixty (60) days after such termination, to retain all such alterations, additions, fixtures and improvements in the Premises, without compensation to Tenant, or to remove all such alterations, additions, fixtures and improvements from time the Premises, repair all damage caused by any such removal, and restore the Premises to timethe condition in which the Premises existed before such alterations, additions, fixtures and improvements were made, and if Landlord has the right to require Tenant to perform such work under section 6.3 or section 2.3 hereof, and Tenant failed to do so, Tenant ----------- ----------- shall be at pay to Landlord, upon billing by Landlord, the sole reasonable cost of such removal, repair and restoration (including any other reasonable, third party costs incurred by Landlord in connection with such removal). All movable furniture, equipment, trade fixtures, computers, office machines and other personal property shall remain the property of Tenant. Upon termination of this Lease, Tenant shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and shall other personal property from the Property and repair all damage caused by any such removal, and if not removed within thirty (30) days following termination of this Lease, such personal property shall, consistent with section 10.6 ------------ hereof, be deemed abandoned and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination . Termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to Lease shall not affect the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of pursuant to this Lease.section 7.2 to be performed after such termination. -----------

Appears in 2 contracts

Samples: Campus Lease (Monsanto Co /New/), Campus Lease (Monsanto Co /New/)

Landlord’s Property. All retrofit work (and all Alterations, improvementsupon their completion) made by or for Tenant, fixtureswhether temporary or permanent in character, equipment and/or appurtenances which may be installed and whether made by Landlord or placed in or about the Premises, from time to timeTenant, shall be at the sole cost of Tenant Landlord’s property, and shall be surrendered to Landlord in good order, condition, and become repair (ordinary wear and tear excepted and damage caused by fire or other casualty excepted), broom clean, upon the property expiration or earlier termination of Landlord; providedthe Term, however, and Tenant shall not be entitled to any compensation therefor. Unless Landlord may, by written notice to shall have previously stated in writing (in connection with its approval of any Alternations) that it will require the removal of any Alteration or Tenant prior to Improvement at the end of the Lease Term, or given following any earlier termination of this Lease, require Term (in which case Tenant, at Tenant’s expense, to shall remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, same prior to the expiration of the Term and repair all damage caused by such removal), Landlord shall not have the right to require that Tenant remove from the Premises such retrofit work and Alterations (or earlier termination such portion thereof as Landlord has not required to be removed). Any damage or deterioration of the Premises or any retrofit work that could have been prevented by good maintenance practices shall not be deemed to be ordinary wear and tear. The foregoing notwithstanding, in no event shall Landlord, pursuant to the foregoing provisions of this LeaseSubsection 10.3.1, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after require removal of any retrofit work or Alterations that the end tenant next taking possession of the Lease Term until such work Premises desires to remain in the Premises or that constitute “Standard Office Improvements.” As used herein, the term “Standard Office Improvements” shall include any tenant improvements that can be completed, removed and Landlord shall have the right, but disposed of at a cost not the obligation, to perform such work and to charge materially greater than the cost thereof of removing and disposing of ordinary and customary tenant improvements for general office use. In no event, however, shall “Standard Office Improvements” be deemed to Tenant. Tenant hereby protectsinclude any interior stairwells, defendsshower installations, indemnifies and holds Landlord harmless from any liabilityraised computer flooring, costdata centers, obligationtelephone switch rooms (other than those included as part of Base Building), expense ceramic tile floor coverings, heat pumps, special life safety installations, cafeterias, or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Leasevaults.

Appears in 2 contracts

Samples: Letter (Riverbed Technology, Inc.), Riverbed Technology, Inc.

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time Landlord consents to the end of the Lease Termsuch Alteration (or with respect to Alterations not requiring Landlord consent, or given following any earlier termination of this Leaseupon Tenant’s request for a determination), require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove any of the Tenant Improvements upon the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Synthorx, Inc.), Lease (Synthorx, Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements (excluding the Improvements other than any Non-Conforming Improvements) in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify be deemed to have agreed to waive the removal requirement with regard to such Alterations or Cosmetic Alterations. Notwithstanding any provision to the contrary contained herein, Tenant whether the applicable Alteration or improvement will shall not be required to be removed pursuant to remove any Alterations, improvements (including the terms of this Section 8.5Improvements) or Cosmetic Alterations which are normal and customary business office improvements. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises (including, without limitation the Improvements), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Landlord may, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, Lease require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing that existed prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding Alteration. Notwithstanding the foregoing, upon request by Tenant at the time Tenant, as part of Tenant’s its request for Landlord’s consent to any Alteration or improvementsuch Alterations may request Landlord’s designation as to whether Landlord will require such removal and repair. In the event Tenant makes such a request, Landlord shall notify Tenant whether make such designation at the applicable Alteration or improvement will be required to be removed pursuant to the terms time of this Section 8.5Landlord’s consent. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their the condition existing that existed prior to the installation of such Alterations or improvements orAlteration, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)

Landlord’s Property. All Alterations, improvementsTenant Improvements, fixtures, and/or equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (except as otherwise set forth on Exhibit 5) and any Alterations and Tenant Improvements and, to the extent the removal of the same will cause damage to the Premises or such items are otherwise funded by use of the Tenant Improvements Allowance, fixtures and equipment shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing to the contrary, Landlord may, by written notice to Tenant prior given at the time that Landlord consents to the end of the Lease Term, or given following any earlier termination of this LeaseAlterations, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvementsfixtures, fixtures and/or equipment equipment, and or any of Tenant’s personal property in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Jounce Therapeutics, Inc.), Lease (Jounce Therapeutics, Inc.)

Landlord’s Property. All AlterationsLeasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant. Notwithstanding the foregoing, improvementsexcept as otherwise notified by Landlord, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expenseits expense and before the expiration or earlier termination hereof, to shall remove any Alterations or improvements and to Alterations, repair any resulting damage to the Premises or Building, and Building caused by such removal and return restore the affected portion of the Premises to their to, at Landlord’s election, either (a) its condition existing prior to before the installation of such Alterations or improvements or(b) a “Standard Office/R&D Configuration”, at Landlord’s electionwhich, to for purposes of this Lease, means a building standard tenant improved condition drop ceiling open-office environment with materials and finishes consistent, as reasonably determined by Landlord; provided; however, that notwithstanding with the foregoinggeneral office improvements located in the remainder of the Building or, upon request by Tenant at if there are no general office improvements located in the time remainder of the Building, then such materials and finishes must be consistent with the general office improvements located in other buildings in the Project. If Tenant’s request for Landlord’s consent approval of any proposed Alterations contains a request that Landlord identify any portion of such Alterations that Landlord will require Tenant to any Alteration or improvementremove as provided above, then Landlord shall notify will, at the time it approves such Alterations, identify such portion of the Alterations, if any, that Landlord will require Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5so remove. If Tenant fails to complete timely perform any work required under the foregoing provisions of this Section, Landlord may perform such removal and/or to repair work at Tenant’s expense. Notwithstanding the foregoing, (a) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (b) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedremoval, and (c) Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense no lien or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, other interest in any manner relating to the installation, placement, removal or financing item of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this LeaseTenant’s Property.

Appears in 2 contracts

Samples: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and and, other than Tenant’s equipment, which shall remain Tenant’s sole property, shall be and become the property of Landlord; provided. Landlord may, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any “Above Standard Tenant Improvements,” as that term is defined in Section 2.4 of the Tenant Work Letter, located within the Premises and replace the same with then existing “Building Standard Tenant Improvements,” as that term is defined in Section 2.3 of the Tenant Work Letter, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Landlord may, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, expiration or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Tenant Improvements or Alterations or improvements which are not customary general office improvements, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Tenant Improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any tenant improvement allowance funds (but not Moving Allowance funds) provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, if Landlord, as a condition to Landlord’s consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, expense to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by removal. Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will not be required to be removed remove any of the initial Tenant Improvements constructed by Landlord pursuant to the terms of this Section 8.5Tenant Work Letter. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof (plus Landlord’s fee) to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord (other than with respect to Tenant’s trade fixtures and equipment which Tenant can substantiate to Landlord have not been paid for with any improvement allowance funds provided to Tenant by Landlord, which may be removed by Tenant from the Premises provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord), and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any “Improvements,” as that term is defined in Section 2.1 of the Work Letter, located within the Premises and to replace the same Building standard improvements, and repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however. Notwithstanding the above, that notwithstanding in the foregoingevent that, upon request by Tenant at the time of Tenant’s request for LandlordTenant requests Xxxxxxxx’s consent to any Alteration Alterations, if Tenant also requests in writing a determination of whether Landlord will require restoration and/or removal of the particular Alterations or improvementportions thereof for which consent is being requested upon expiration or any earlier termination of this Lease, Landlord shall so notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5along with Landlord’s consent (if such consent is given). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and shall be and become the property of Landlord excluding Tenant’s fixtures and equipment, including portable benches (other than ilab benches installed by Landlord as part of the Tenant Improvements which shall remain Landlord; provided’s property), howeverautoclaves, glasswashes, freezers, refrigerators, portable fume hoods, and biosafety cabinets. Furthermore, Landlord maymay require that Tenant remove any Alterations, by written notice to improvements, fixtures and/or equipment (other than the Tenant prior to Improvements) upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal; provided that Landlord notifies in writing that such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant will be required at the time of Tenant’s request for Landlord provides its consent to such Alterations, improvements, fixtures and/or equipment (or at the time Tenant notifies Landlord with respect to Alterations not requiring Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5consent). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.

Appears in 2 contracts

Samples: Extension Option Rider (Applied Molecular Transport LLC), Extension Option Rider (Applied Molecular Transport Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and shall be and become the property of Landlord excluding Tenant’s fixtures and equipment, including portable benches (other than iLab benches provided by Landlord and/or if otherwise paid for by Landlord which shall remain Landlord; provided’s property), howeverautoclaves, glasswashes, freezers, refrigerators, portable fume hoods, and biosafety cabinets. Furthermore, Landlord maymay require that Tenant remove any specialized/non-Building Standard Alterations, by written notice to improvements, fixtures and/or equipment (other than the Tenant prior to Improvements) upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal; provided that Landlord notifies in writing that such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant will be required at the time of Tenant’s request for Landlord’s Landlord provides its consent to any Alteration such Alterations, improvements, fixtures and/or equipment (or improvement, at the time Tenant notifies Landlord shall notify Tenant whether the applicable Alteration or improvement will be required with respect to be removed pursuant to the terms of this Section 8.5Alterations not requiring Xxxxxxxx’s consent). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.consent Landlord may withhold in its sole and absolute discretion. 24 GENESIS 1900 ALAMEDA [BigHat Biosciences, Inc.] Execution Original

Appears in 2 contracts

Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which Tenant may be have installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements (as opposed to the Improvements being constructed pursuant to the Work Letter, which Improvements Tenant shall not be required to remove unless otherwise expressly identified by Landlord at the time of approval in accordance with the terms set forth in Section 2.4 of the Work Letter), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing immediately prior to the installation performance of the subject Alterations; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or improvements orCosmetic Alterations, at Landlord’s electionand (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to a building standard tenant improved condition as determined by Landlordso remove such Alterations or Cosmetic Alterations; provided; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their the condition existing immediately prior to the installation performance of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Leasesubject Alterations, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, at Landlord’s option Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Except to the extent of Landlord’s negligence or willful misconduct, Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 2.1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior given at the time Landlord provides its consent (if any) to the end of the Lease Termproposed Alterations or Improvements, or given following any earlier termination of this Leaseas applicable, require Tenant, at Tenant’s expense, to remove any Alterations or improvements Improvements in the Premises which are “Specialty Improvements” (as defined hereinbelow), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their its condition existing immediately prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5Specialty Improvements. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Specialty Improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their its condition existing immediately prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this LeaseSpecialty Improvements, then at Landlord’s option, either (A) Rent shall continue to accrue under this Lease at the reasonable rental value of the Premises (but not in accordance with excess of the Rent set forth in Article 16, below), after until the end earlier to occur of (1) the Lease Term until date such work shall be completedcompleted by Tenant, and or (2) if Landlord shall have the right, but not the obligation, elects to perform such work under item (B) hereof, then the date Landlord would reasonably be expected to complete such work at Tenant’s expense, and/or (B) Landlord may do so and to may charge the reasonable cost thereof to Tenant, provided that Landlord shall not have the right to elect item (A) of this sentence with respect to any Specialty Improvements that are designated for removal by Landlord and which Tenant fails to remove which are of an immaterial nature (including, without limitation, with respect to the ease and cost of such removal) individually or in the aggregate, which determination shall be made in Landlord’s sole, but good faith, discretion. “Specialty Improvements” means any Alterations or Improvements other than normal and customary general office improvements. Notwithstanding the foregoing, “Specialty Improvements” (i) shall not include conference rooms, or Cosmetic Alterations and (ii) shall include (a) any Alterations or Improvements which affect the Base Building, (b) any kitchens (other than basic office kitchens), showers, restrooms, washrooms or similar facilities in the Premises that are not part of the Base Building, (c) any Lines (as that term is defined in Section 29.32 below), (d) any other items or fixtures which Tenant is expressly required to remove pursuant to the terms of this Lease. Notwithstanding the foregoing, Tenant shall have the right to install (subject to Landlord’s approval rights under this Lease and the Work Letter), without an obligation to remove, up to two (2) gender-neutral restrooms per floor of the Premises. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, subject to the last sentence of this Section 8.5, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their its condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5normal wear and tear excepted. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their its condition existing prior to the installation of such Alterations Alteration or improvements orimprovement, if elected by Landlordnormal wear and tear excepted, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the reasonable and actual out-of-pocket cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Upon submission of any plans for Landlord’s approval, Tenant may request prior to the installation of specific fixtures, equipment or improvements in the Premises, that Landlord agree not to require Tenant to remove such items upon expiration or termination of the Lease or agree to permit Tenant to remove any item it may otherwise not be permitted to remove under the terms of this Lease. Such consent may be granted or denied in Landlord’s reasonable discretion, must be granted in writing prior to the installation of the subject items in order to be binding against Landlord; provided that, notwithstanding the foregoing sentence, if Landlord fails to notify Tenant of Landlord’s waiver or nonwaiver of Tenant’s obligation to remove such addition, alteration or improvement at the end of the Term within twenty (20) days after Tenant’s written request for that waiver, Tenant shall have the right to provide Landlord with a second written request (a “Second Waiver Request”) that contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR EITHER (I) WAIVER OF TENANT’S OBLIGATION TO REMOVE CERTAIN ADDITIONS, ALTERATIONS OR IMPROVEMENTS OR (II) AUTHORIZATION FOR TENANT TO REMOVE CERTAIN ADDITIONS, ALTERATIONS OR IMPROVEMENTS, IN EACH CASE UPON EXPIRATION OR TERMINATION OF THE LEASE PURSUANT TO THE PROVISIONS OF SECTION 8.5 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER DELIVERY OF THIS NOTICE TO LANDLORD, THEN LANDLORD SHALL BE DEEMED TO HAVE EITHER (I) WAIVED THE OBLIGATION OF TENANT TO REMOVE CERTAIN ADDITION, ALTERATION OR IMPROVEMENT DESCRIBED HEREIN OR (II) AUTHORIZED TENANT TO REMOVE CERTAIN ADDITIONS, ALTERATIONS OR IMPROVEMENTS DESCRIBED HEREIN.” If Landlord fails to respond to such Second Waiver Request within five (5) business days after delivery by Tenant, Landlord shall be deemed to have either (a) waived the right to require Tenant to remove such addition, alteration or improvement at the end of the Term or (b) authorized Tenant to remove such addition, alteration or improvement at the end of the Term.

Appears in 2 contracts

Samples: Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances other than Tenant’s trade fixtures and equipment (which shall expressly include all of Tenant’s laboratory equipment, testing devices, and ancillary equipment, whether affixed to the Premises or not) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord upon the expiration or earlier termination of this Lease, subject to the requirements of SECTION 8.2 and Landlord; provided’s right to require Tenant to remove such items as provided in this SECTION 8.5. Under no circumstances shall Tenant be required to remove standard office finishes from the Premises (i.e. those office materials and fixtures that are commercially reasonable, howeverappropriate and common in Comparable Buildings). Upon the expiration or earlier termination of this Lease, Tenant may remove any equipment or fixtures installed by Tenant, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to Building Standard condition. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises and to repair any damage to the Premises and Building caused by such removal (reasonable wear and tear excepted) and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by LandlordBuilding Standard condition; provided; , however, that notwithstanding the foregoingif, upon request by Tenant at the time of Tenant’s in connection with its request for Landlord’s consent approval for particular Alterations, (1) Tenant requests Landlord’s decision with regard to the removal of such Alterations, and (2) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations, then Tenant shall not be required to so remove such Alterations; provided further, however, that if Tenant requests such a determination from Landlord and Landlord, in its approval of any Alteration or improvementAlterations, fails to address the removal requirement with regard to such Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this LeaseBuilding Standard condition, then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue under this Lease in accordance with Article the TCCs of ARTICLE 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant, and Tenant shall reimburse Landlord for such costs within ten (10) days after receipt of Landlord’s invoice therefore. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant’s installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease for one (1) year following such expiration or earlier termination. At all times during the Term of this Lease, Tenant shall be entitled to remove, and Landlord shall have no interest in, Tenant’s trade fixtures and equipment.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances other than Tenant's trade fixtures and equipment (which shall expressly include all of Tenant's laboratory equipment, testing devices, and ancillary equipment, whether affixed to the Premises or not) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord upon the expiration or earlier termination of this Lease, subject to the requirements of SECTION 8.2 and Landlord; provided's right to require Tenant to remove such items as provided in this SECTION 8.5. Under no circumstances shall Tenant be required to remove standard office finishes from the Premises (i.e. those office materials and fixtures that are commercially reasonable, howeverappropriate and common in Comparable Buildings). Upon the expiration or earlier termination of this Lease, Tenant may remove any equipment or fixtures installed by Tenant, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to Building Standard condition. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises and to repair any damage to the Premises and Building caused by such removal (reasonable wear and tear excepted) and return the affected portion of the Premises to their condition existing prior Building Standard condition; provided, however, if, in connection with its request for Landlord's approval for particular Alterations, (1) Tenant requests Landlord's decision with regard to the installation removal of such Alterations or improvements orAlterations, at Landlord’s electionand (2) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations, then Tenant shall not be required to a building standard tenant improved condition as determined by Landlordso remove such Alterations; provided; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, in its approval of any Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration or improvementsuch Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this LeaseBuilding Standard condition, then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue under this Lease in accordance with Article the TCCs of ARTICLE 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant, and Tenant shall reimburse Landlord for such costs within ten (10) days after receipt of Landlord's invoice therefore. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant's installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease for one (1) year following such expiration or earlier termination. At all times during the Term of this Lease, Tenant shall be entitled to remove, and Landlord shall have no interest in, Tenant's trade fixtures and equipment.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord. Furthermore, Landlord may, subject to the terms of Section 8.2 of this Lease, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (subject to the provisions of Section 8.6, below) and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter Agreement shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however, Tenant may remove any Alterations, improvements (excluding the Improvements), fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for by any Improvement Allowance funds, provided that Tenant repairs any and all damage to the Premises or the Building caused in whole or in part by such removal, and returns the affected portion of the Building or the Premises to an as-improved building standard condition, as reasonably approved by Landlord. Furthermore, Landlord may, by written notice to Tenant Tenant, at least sixty (60) days prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements and located within the Premises, to repair any damage to the Premises and Building caused by such removal removal, and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations (including any Cosmetic Alterations), (x) Tenant requests Landlord's decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement when approving (or, if applicable, following notification of) such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Alterations or Cosmetic Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration such Alterations or improvementCosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, [***] Confidential portions of this document have been redacted and filed separately with the Commission. placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 2.1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord, except for the Testing Xxxxxxxx (defined below). Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements Alterations, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding Tenant shall have no obligation to remove the foregoing, upon request by Tenant at Improvements being constructed pursuant to the time Work Letter (excepting only any and all of Tenant’s request for Landlord’s consent to any Alteration test xxxxxxxx and equipment and infrastructure associated therewith (collectively and whether installed as Improvements or improvementAlterations, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5“Testing Xxxxxxxx”)). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration Alterations or improvementimprovements, Landlord shall notify Tenant whether the applicable Alteration Alterations or improvement improvements will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant’s installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease; provided, howeverprovided that the foregoing shall not apply to Tenant’s trade fixtures. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or and/or improvements (but not the Tenant Improvements) and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements orremoval, at Landlord’s electionprovided further, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s 's request for Landlord’s 's consent to any Alteration or improvement, or at the time of Tenant's notice for any Alteration that does not require Landlord's consent, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises Premises, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Boardwalk Lease (Arcturus Therapeutics Holdings Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, ------------------- equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Prime Response Group Inc/De)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord may, by written notice have not been paid for with any Tenant improvement allowance funds provided to Tenant prior to the end of the Lease Termby Landlord, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair provided Tenant repairs any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to (i.e., that portion of the installation of such Premises where the Alterations or improvements or, at Landlord’s election, are removed) to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at condition. At the time Landlord consents to any Alterations, Landlord shall indicate which of Tenant’s request for LandlordAlterations Tenant must remove at Tenant’s consent to any Alteration or improvement, Landlord shall notify Tenant whether sole cost and expense at the applicable Alteration or improvement will be required to be removed pursuant to end of the terms of this Section 8.5Term. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Leasecondition, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Bare Escentuals Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Landlord may, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, Landlord acknowledges and agrees that notwithstanding none of the foregoing, upon request initial Tenant Improvements (other than Tenant's vault and other improvements ancillary to such vault) constructed by Landlord on behalf of Tenant at in accordance with the time of Tenant’s request for Landlord’s consent Tenant Work Letter and that certain initial test fit plan attached hereto as Schedule 2 to any Alteration or improvement, Landlord Exhibit B shall notify Tenant whether the applicable Alteration or improvement will be required by Landlord to be removed pursuant to from the terms of this Section 8.5Premises. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Collectors Universe Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. 9.

Appears in 1 contract

Samples: Aadi Bioscience, Inc.

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations and improvements which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and shall, unless Landlord requires their removal as provided below, become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to at the end of the Lease Term, or given following any earlier termination expiration of this Lease, require Tenant, at Tenant’s expense, to except that Tenant may remove any Alterations or improvements trade fixtures and personal property which are not permanently affixed to repair the Premises, provided Tenant repairs any damage to the Premises and Building caused by such removal and return the affected returns that portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved Base Building condition as reasonably determined by Landlord; provided; , however, that notwithstanding in the foregoingevent Tenant disputes Landlord's determination then such dispute shall be resolved by arbitration pursuant to Section 29.29 hereof. Landlord may require the removal of any Alterations and other improvements (including the Tenant Improvements) to the extent the same relate to a non-general office use of space and/or, upon request when compared to general office improvements, are more expensive to remove, provided further, however, that any stairwells installed by Tenant in the Premises are, in any event, required to be removed by Tenant in accordance with the other terms and provisions of this Section 8.5. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, requires at the time of Tenant’s request for Landlord’s Landlord providing such consent to Tenant that Tenant remove any Alteration upon the expiration or improvementearly termination of the Lease Term, Landlord then Tenant, at Tenant's expense, shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant remove such Alterations and repair any damage to the terms of this Section 8.5Premises and Building caused by such removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Tenant Improvements (including, but not limited to, Tenant's Exterior Signage), and return the affected portion of the Premises Premises, the Building and/or the Project to their a Base Building condition (with respect to the Tenant Improvements) or the condition existing prior to the installation making of such Alterations or improvements or, if elected by Landlord, Alteration (with respect to a building standard tenant improved condition Alterations) as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, Landlord then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost Actual Cost thereof to Tenant. ; provided, however, that in the event Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating disputes Landlord's determination then such dispute shall be resolved by arbitration pursuant to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this LeaseSection 29.29 hereof.

Appears in 1 contract

Samples: Office Lease (Etoys Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord. Tenant shall not be required to remove the initial Tenant Improvements installed pursuant to the Tenant Work Letter. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Kofax Image Products Inc)

Landlord’s Property. All Except to the extent otherwise provided in this Lease, all Alterations, improvements, fixtures, fixtures and/or permanently affixed equipment and/or appurtenances which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under . Notwithstanding the provisions of this Lease to the contrary, all movable partitions, furniture systems, business and trade fixtures, machinery and equipment, laboratory equipment, communications equipment (including, without limitation, telephone system, security system and wiring) and office equipment, whether or not attached to the Premises, which are installed in accordance with Article 16the Premises by or for the account of Tenant and can be removed without structural damage to the Building, belowand all furniture, after furnishings and other articles of movable personal property owned by Tenant and located in the end of the Lease Term until such work Premises (herein collectively called “Tenant’s Property”) shall be completedand shall remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease; provided that if any of Tenant’s Property is removed, and Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof. At or before the expiration or sooner termination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property (except for such items thereof as Landlord shall have expressly consented in writing to remain, which property shall become the rightproperty of Landlord upon the expiration or sooner termination of this Lease), but not and Tenant shall repair any damage to the obligation, to perform such work and to charge Premises or the cost thereof to Building resulting from any installation and/or removal of Tenant’s Property. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Beyond Meat, Inc.

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the Premises by or on behalf of Tenant, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to may require that Tenant prior to remove any improvement or Alteration upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal; provided, however: (i) Tenant may not remove any Original Premises Tenant Improvements, Must-Take Space Tenant Improvements (the Original Premises Tenant Improvements and the Must-Take Space Tenant Improvements being sometimes referred to herein collectively as the “Tenant Improvements”) or Alterations paid for by Landlord with Landlords own funds and/or out of any tenant improvement allowances provided by Landlord (except any such removal made in connection with those Alterations approved by Landlord or not required by the terms of this Lease to be approved by Landlord); (ii) with respect to all other initial Tenant Improvements or Alterations which Tenant elects to remove, Tenant shall, at its expense, promptly repair any damage to the Premises caused by such removal; and return the affected portion (iii) Landlord may, by written notice delivered to Tenant concurrently with Landlord’s approval of the Premises to their condition existing prior to the installation of such final working drawings for any initial Tenant Improvements or Alterations, identify those Alterations or improvements orinitial Tenant Improvements which Landlord will require Tenant to remove at the expiration or earlier termination of this Lease; provided further, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding Tenant shall in no event be required to remove any such Alterations (or initial Tenant Improvements, as the foregoingcase may be) other than (A) any raised floors, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvementinternal stairwells, Landlord vaults, and other similar special use tenant improvements (which raised floors, internal stairwells, vaults, and other similar special use tenant improvements shall notify Tenant whether the applicable Alteration or improvement will only be required to be removed to the extent Landlord identifies such items as being required to be removed at the expiration or earlier termination of this Lease pursuant to the terms foregoing provisions of this Section 8.58.3), and/or (B) those other improvements or alterations which are of such specialized nature or application that the same are not typical for office and/or research and development tenants in the Comparable Buildings, and the cost to demolish such items exceeds the cost to demolish general office improvements (which other improvements or alterations shall only be required to be removed to the extent Landlord identifies such improvements or alterations as being required to be removed at the expiration or earlier termination of this Lease pursuant to the foregoing provisions of this Section 8.3. Notwithstanding anything in the foregoing to the contrary, the parties hereby agree that the improvements cross-hatched on the preliminary conceptual plans attached hereto as Exhibit N shall be deemed to be specialized improvements for purposes of this Section 8.3 and to the extent any such improvements are installed by or on behalf of Tenant (as part of the initial Tenant Improvements or otherwise), then upon the expiration or earlier termination of this Lease and without the need for Landlord to notify Tenant thereof pursuant to the foregoing provisions of this Section 8.3, Tenant shall be required to remove such improvements and restore the areas of the Premises in which such improvements were installed to a “warm shell” condition substantially in accordance with the Fifth Floor Required Condition. If Landlord requires Tenant to remove any such initial Tenant Improvements and/or Alterations which are constructed for the Premises, Tenant, at its sole cost and expense, shall remove the identified initial Tenant Improvements and/or Alterations on or before the expiration or earlier termination of this Lease and repair any damage to the Premises caused by such removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Escrow Agreement (Polycom Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Article 1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises (excluding any Improvements, which Improvements shall not be required to be removed by Tenant upon the expiration or earlier termination of this Lease), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

Landlord’s Property. All Alterations, improvementsand Tenant Improvements constructed pursuant to EXHIBIT B, fixtureswhether temporary or permanent in character, equipment and/or appurtenances which may be installed or placed made in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end Premises by Landlord or Tenant shall become part of the Lease TermProject and Landlord's property, or given following any earlier except as provided below, without compensation to Tenant. As to Alterations, upon termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligationat Landlord's option, by giving written notice to Tenant at any time before or within sixty (60) days after such termination, to perform remove specific Alterations identified in such work notice, repair all damage caused by any such removal, and restore the Premises to charge the cost thereof condition in which the Premises existed before such Alterations were made. As to the Tenant Improvements, Landlord, at the time of its approval of Tenant Improvements pursuant to EXHIBIT B, shall have the option to require Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating writing, to the installation, placement, removal or financing of any remove such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier Improvements upon termination of this Lease. Such option shall not apply to the following Tenant Improvements made pursuant to EXHIBIT B: standard central electric wiring, standard interior walls and partitions erected to separate the general office and light manufacturing facilities located in the Building and improvements made that are customary for a general office use. In the case of any removal, Tenant shall pay to Landlord, upon billing by Landlord, the cost of such removal, repair and restoration (including a reasonable charge for Landlord's overhead and profit) of Alterations and/or Tenant Improvements with respect to which Landlord may require and has required removal. All movable furniture, equipment, trade fixtures, computers, office machines and other personal property shall remain the property of Tenant. Upon termination of this Lease, Tenant shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and other personal property from the Project and repair all damage caused by any such removal. Termination of this Lease shall not affect the obligations of Tenant pursuant to this SECTION 7.2 to be performed after such termination. Tenant acknowledges that except as described in EXHIBIT D hereto, there will be no trade fixtures in the Premises and Xxxxxx does not contemplate installing any in the Premises. Tenant may install trade fixtures from time to time upon compliance with this ARTICLE 7 and upon receiving Xxxxxxxx's written consent, which Xxxxxxxx agrees it will not withhold unreasonably. Tenant may update the description in EXHIBIT D with similar items, otherwise, Landlord's consent is required.

Appears in 1 contract

Samples: Lease (Wj Communications Inc)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the Premises, including any cabling and wiring associated with any telephone system or network, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord upon the expiration or earlier termination of this Lease; provided, however, Landlord may, Tenant’s trade fixtures and equipment shall remain the property of Tenant and shall be removed by written notice Tenant pursuant to Tenant the provisions of Section 15.2 below prior to the end expiration or earlier termination of this Lease. Notwithstanding the foregoing provisions of this Section 8.3, upon request by Landlord prior to the expiration of this Lease Term, (or given anytime following any earlier termination of this Lease) Tenant shall remove, require Tenantprior the expiration or early termination of the Lease Term (or anytime following any earlier termination of this Lease), at Tenant’s expense, to remove any improvements or Alterations (including any cabling and wiring associated with any telephone system or improvements network) constructed by or for the benefit of Tenant and to shall repair any damage to the Premises and Building caused by such removal and return the affected portion removal; provided, however, promptly following Tenant’s written request for confirmation, which request must be made by Tenant no sooner than ninety (90) days prior to expiration of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Lease Term. Landlord shall notify Tenant whether confirm which improvements and Alterations Landlord will permit to remain upon expiration of the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5Lease Term. If Furthermore, if Tenant fails to complete such removal and/or to repair any damage caused by the removal of any improvements or Alterations (including any cabling and wiring associated with any telephone system or improvements in the Premises network), Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects(together with a five percent (5%) supervision/administration fee), defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive pay such cost to Landlord within thirty (30) days of being billed for the expiration or earlier termination of this Leasesame.

Appears in 1 contract

Samples: Lease (Invitae Corp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances (other than Tenant's trade fixtures and equipment) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord upon the expiration of this Lease; provided, however, that due to the foregoing, Tenant hereby agrees to provide Landlord with copies of "as-built" plans relating to the Building Systems to the extent the same have been materially modified as a result of such Alterations. In addition to its trade fixtures and equipment, Tenant may also remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant Improvement Allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to (i) remove any Alterations or improvements in the Premises; provided, however, in no event shall Tenant be required to remove any Alterations which are normal and customary improvements vis-a-vis the general implementation of the Permitted Use, and/or (ii) remove any initial Tenant Improvements in the lab/manufacturing portion of the Premises identified in advance as removal items pursuant to SECTION 2.2.2.3 of the Tenant Work Letter by Landlord (collectively, the "EXTRAORDINARY ALTERATIONS"), and to repair any damage to the Premises and Building caused by such removal (reasonable wear and return the affected portion of the Premises to their condition existing prior tear excepted); provided, however, if, in connection with its request for Landlord's approval for any such Extraordinary Alterations, (1) Tenant requests Landlord's decision with regard to the installation removal of such Alterations or improvements orExtraordinary Alterations, at Landlord’s electionand (2) Landlord thereafter agrees in writing to waive the removal requirement when approving such Extraordinary Alterations, then Tenant shall not be required to a building standard tenant improved condition as determined by Landlordso remove such Alterations; provided; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, in its approval of any Extraordinary Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration or improvementsuch Extraordinary Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Extraordinary Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Extraordinary Alterations or improvements in the Premises and return the affected portion of to repair any damage to the Premises and Building caused by such removal (reasonable wear and tear excepted), and such failure continues for five (5) business days after written notice from Landlord, then (A) Landlord may do so and may charge the actual cost thereof to their condition existing prior Tenant, and (B) to the installation of extent reasonable time required to complete such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to removal/restoration exceeds the date which is thirty (30) days following the expiration or earlier termination of this Lease, then Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue under this Lease in accordance with Article the TCCs of ARTICLE 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease for one (1) year following such expiration or earlier termination. At all times during the Term of this Lease, Tenant shall be entitled to remove, and Landlord shall have no interest in, Tenant's trade fixtures and equipment.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Vical Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing to the contrary, Landlord may, by written notice to Tenant prior given at the time that Landlord consents to the end of the Lease Term, or given following any earlier termination of this LeaseAlterations, require Tenant, at Tenant’s expense, to remove any such Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their a building standard tenant improved condition existing prior as determined by Landlord. Further, Tenant shall be required to remove the modular clean room improvements (installed as part of the Tenant Improvements) within the Premises and to repair any damage to the installation Premises and Building caused by such removal and return the affected portion of such Alterations or improvements or, at Landlord’s election, the Premises to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Aethlon Medical Inc

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Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or ------------------- equipment and/or appurtenances which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord and will remain upon and be surrendered with the Premises at the end of the Lease Term; provided, however, Landlord may, by written notice delivered to Tenant prior to the end concurrently with Landlord's approval of the Lease Termfinal working drawings for any Alterations, identify those Alterations which Landlord will require Tenant to remove at the expiration or given following any earlier termination of this Lease; provided further, however, that Tenant shall in no event be required to remove any of the initial Tenant Improvements installed pursuant to the Tenant Work Letter or any Alteration which is a typical office alteration (it being agreed by Tenant that internal stairwells and raised floors are not typical office alterations). Landlord may also require Tenant to remove Alterations which Landlord did not have the opportunity to approve as provided in Section 8.1 above; provided, however, that Tenant shall in no event be required to remove any Alteration which is a typical office alteration. If Landlord requires Tenant to remove any such Alterations, Tenant, at Tenant’s its sole cost and expense, agrees to remove any the identified Alterations on or improvements before the expiration or earlier termination of this Lease and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Homestore Com Inc)

Landlord’s Property. All Except as otherwise expressly set forth herein, all Alterations, improvements, fixtures, equipment and/or appurtenances (except movable furniture and equipment belonging to Tenant) which may be installed or placed in or about the PremisesPremises by Tenant, from time to time, shall be at the sole cost of Tenant and shall be and upon termination of the Lease become the property of Landlord; provided, howeverexcept that Tenant may remove any readily removable Alterations, improvements, fixtures and/or equipment installed by Tenant, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises installed by Tenant (excluding Tenant’s Work) and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises Premises, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Skechers Usa Inc)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be permanently installed in or placed in about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which are installed, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, if Landlord requires, at the time Landlord approves of the Alteration, that Tenant remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, 's expense to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior removal, subject, however, to the installation of such restrictions on Landlord's right to so require Tenant to remove certain Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this provided in Section 8.515.2.1 below. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to at the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so upon ten (10) days notice to Tenant and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual, reasonable and documented cost thereof to TenantTenant (without profit or xxxx-up). Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive except to the expiration extent the particular work is performed by Landlord and/or such liability, cost, obligation, claim or earlier termination of this Leaseexpense results from Landlord's negligence or willful misconduct.

Appears in 1 contract

Samples: Retail Lease (KBS Real Estate Investment Trust II, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior given at the time of Landlord’s consent to the end of the Lease Term, subject Alterations and/or improvements and/or systems or given following any earlier termination of this Leaseequipment (if applicable), require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however. Notwithstanding the foregoing or any provision to the contrary set forth herein, that notwithstanding the foregoing, upon request by in no event shall Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to remove the terms Tenant Improvements from the Premises following the expiration or earlier termination of this Section 8.5Lease. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Cra International, Inc.)

Landlord’s Property. All AlterationsAny Alterations installed by or on behalf of Tenant shall remain the Property of Tenant, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about and Tenant shall have the right to remove the same and shall repair all damage to the Premises, from time the Building or both caused by such removal or, at Tenant’s election surrender the same to timeLandlord with the Premises, in which event the same shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, that if Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to reasonably requires in accordance with the terms of this Section 8.5. If Tenant fails 10 below and consistent with the custom and practice of landlords in Comparable Buildings, as a condition to complete such removal and/or to repair any damage caused by the removal Landlord’s approval of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such the same, that Tenant remove any Alterations installed by or improvements oron behalf of Tenant, if elected then Tenant shall, at Tenant’s election, either (i) cause the same to be removed at Tenant’s expense on or before the Lease Expiration Date, or (ii) reimburse Landlord for the reasonable costs incurred by Landlord for removal of the subject Alteration which Landlord required that Tenant remove; which reimbursement shall be made by Tenant to Landlord within thirty (30) days after Tenant’s receipt of Landlord’s request together with invoices evidencing the subject of costs incurred by Landlord. Notwithstanding the foregoing, (a) Tenant shall not be required to remove any Alterations which constitute improvements which are typically found in office space in Comparable Buildings, or any reinforcement of floor slabs or other structural aspects of the Building, flooring and track for high density file systems, supplemental/auxiliary HVAC units, UPS systems, cables, mill work or plumbing (collectively, the “Typical Improvements”). Alterations which Landlord may require be removed by Tenant as a building standard tenant improved condition to Landlord’s approval of the same are hereinafter referred to as determined by Landlord“Items Subject to Removal”. Landlord shall, prior together with its consent to the expiration or earlier termination of this Leasesubject Alterations, then Rent shall continue specify the extent to accrue under this Lease which it will require Tenant to remove the Items Subject to Removal in accordance with Article 16, below, after question at the end of the Lease Term until such work shall be completedTerm, and if Landlord fails so to specify, Tenant shall have no further obligation to remove the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Leasesame.

Appears in 1 contract

Samples: Deed of Lease (Watson Wyatt & Co Holdings)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding the foregoing, upon request by Landlord may not require Tenant to remove at the time expiration or early termination of Tenant’s request for the Lease Term any Tenant Improvements shown in the approved Landlord’s consent to Final Working Drawings or any Alteration Alterations consistent with the improvements shown in the approved Landlord’s Final Working Drawings or improvement, Landlord shall notify Tenant whether any Alternations which are otherwise consistent with the applicable Alteration typical tenant improvements in the biotechnology or improvement will be required to be removed pursuant to the terms of this Section 8.5pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant may remove its moveable personal property (including without limitation all furniture, equipment, computer equipment and the like) from the Premises at any time, provided that Tenant repairs any damage caused by such removal.

Appears in 1 contract

Samples: Lease (Aligos Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, (i) to remove any identified Alterations or improvements and in the Premises, (ii) to repair any damage to the Premises and Building caused by such removal removal, and (iii) to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building Building-standard tenant improved condition as reasonably determined by Landlord; provided; , however, that notwithstanding the foregoingif, upon request by in connection with its notice to Landlord with respect to such Alterations or Cosmetic Alterations, (A) Tenant at the time of Tenant’s request for requests Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant 's decision with regard to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements orCosmetic Alterations, and (B) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that if elected by Tenant requests such a determination from Landlord and Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.within ten

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant (x) given pursuant to the terms of Section 8.2, above, or (y) in the case of Cosmetic Alterations and Trade Fixtures, given at least sixty (60) days prior to the end of the Lease Term, Term (or given promptly following any earlier termination of this Lease), or, (z) in the case of an Above Standard Tenant Improvements, given pursuant to the terms of Section 2.5 of the Tenant Work Letter, require Tenant, at Tenant’s 's expense, to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any Above Building Standard Tenant Improvements, located within the Premises and replace the same with then existing "Building Standard Tenant Improvements," as that term is defined in Section 2.4 of the Tenant Work Letter, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to Cosmetic Alterations or Trade Fixtures, (1) Tenant requests Landlord's decision with regard to the removal of such Cosmetic Alterations and/or Trade Fixtures, and (2) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Cosmetic Alterations and/or Trade Fixtures, then Tenant shall not be required to so remove such Cosmetic Alterations or Trade Fixtures; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within 5 business days following Landlord's receipt of such request from Tenant with respect to Cosmetic Alterations and/or Trade Fixtures, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration or improvementsuch Cosmetic Alterations and/or Trade Fixtures, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Cosmetic Alterations and/or Trade Fixtures. If Tenant fails to complete such any required removal and/or to repair any damage caused by the required removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease; provided, however, if (aa) Landlord requires the surrender of any such Alterations or Above Standard Tenant Improvements in accordance with the TCCs of this Lease, and (bb) Tenant maintained such Alterations or Above Standard Tenant Improvements throughout the Lease Term in accordance with the TCCs of this Lease and applicable manufacturers' maintenance specifications, then Landlord agrees to accept such Alterations or Above Standard Tenant Improvements in their then existing "as is" condition, with all flaws, and Tenant shall be released from all liability therefor effective as of the date of such surrender.

Appears in 1 contract

Samples: Office Lease (Fair Isaac Corp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances improvements and fixtures which ------------------- may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. All Landlord Allowance Items (as that term is defined in Section 2.2.3 of the Tenant Work Letter) shall remain Landlord's property and may not be removed by Tenant from the Premises. If Tenant seeks to replace any Landlord Allowance Item, howeverTenant shall first obtain Landlord's consent (which shall not be unreasonably withheld), in which case such replacement item shall be considered to be a Landlord Allowance Item, shall become Landlord's property and shall not be removed by Tenant from the Premises. However, Tenant may remove equipment, trade fixtures and other improvements that are added to the Premises (and not paid for from the Tenant Improvement Allowance) after the date of full execution and delivery of this Lease and are readily removable from the Property at any time during the Lease Term, provided that Tenant repairs, at Tenant's sole cost and expense, any damage resulting from such removal promptly. Tenant may request, at the time of Landlord's consent to the installation of any such new item, Landlord's opinion as to whether such item constitutes an item that is readily removable pursuant to the immediately preceding sentence and Landlord shall promptly respond to such request. If Landlord, as a condition to Landlord's consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, 's expense to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Advanced Tissue Sciences Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to the condition existing prior to the installation of such Alteration, improvement, fixture, equipment and/or appurtenance as reasonably determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Specialty Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition Specialty Alteration (reasonable wear and tear excepted) as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement constitutes a Specialty Alteration that will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the required removal of any Alterations or improvements in the Premises Specialty Alterations, and return the affected portion of the Premises to their the condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition Specialty Alteration (reasonable wear and tear excepted) as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. As used herein, “Specialty Alterations” shall mean any Alteration or Tenant Improvements that is not a normal and customary general office improvement, including, but not limited to improvements which (i) perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems), (ii) consist of the installation of a raised flooring system, (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) involve material plumbing connections (such as, for example but not by way of limitation, kitchens, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems), (v) consist of the dedication of any material portion of the Premises to non-office usage (such as classrooms, bicycle storage rooms or kitchens), (vi) internal stairwells between floors; (vii) screening rooms; or (viii) can be seen from outside the Premises.

Appears in 1 contract

Samples: Office Lease (FIGS, Inc.)

Landlord’s Property. All AlterationsAny Alterations and other improvements and any equipment, improvementsmachinery, fixturesfurnishings and other property, equipment and/or appurtenances which may be permanently installed or placed in or about the Premises, from time to timethe Building or the Land by or on behalf of Landlord or Tenant (collectively, “Equipment”): (i) shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord at the end of the Term, and (ii) shall be surrendered to Landlord with the Premises as a part thereof at the end of the Term, except for Tenant’s Personal Property any Alterations and other improvements and any equipment, machinery, furnishings and other property performed or installed following the Lease Commencement Date for which Landlord requires removal (all of which Tenant shall remove prior to the Lease Expiration Date and Tenant shall repair any damage caused by such removal); provided, however, that Tenant may request that Landlord maydesignate any such removal requirements with respect to any Alterations and other improvements and any equipment, machinery, furnishings and other property performed or installed following the Lease Commencement Date, which request shall be made by written notice to Landlord at the time Tenant requests Xxxxxxxx’s approval for the applicable Alterations or other improvements or prior to the end installation of the Lease Termany equipment, machinery, furnishings and or given following any earlier termination of this Leasepersonal property. Except as set forth above, require Tenant, at Tenant’s expense, Tenant shall have no obligation to remove any Alterations or other improvements or any equipment, machinery, furnishings and other property, permanently installed in the Premises, the Building or the Land by or on behalf of Landlord or Tenant, except for Tenant’s Personal Property, on the Lease Expiration Date and Landlord agrees not to repair remove the Equipment unless and until the Lease terminates. Provided, however, Tenant may at any time remove all or any part of the Equipment as long as it repairs all damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior removal. Notwithstanding anything to the installation contrary in this Lease, in the event that this Lease terminates (without any election by either party), because of damage and destruction under Article 14 or condemnation under Article 16, any insurance proceeds actually received by Xxxxxxxx and solely and directly paid for Xxxxxx’s Equipment shall be paid by Landlord to Tenant upon receipt of such Alterations or improvements orproceeds by Landlord (provided, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of foregoing shall not impose any requirement on Landlord to insure Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this LeaseEquipment).

Appears in 1 contract

Samples: Lease Agreement (Gsi Technology Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment equipment, leasehold improvements and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Such alterations, howeverimprovements, fixtures, equipment, leasehold improvements, and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, security systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Notwithstanding the forgoing, Tenant may remove any Alterations, improvements, and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies indemnities and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Cord Blood America, Inc.

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be permanently installed in or placed in about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Any articles of personal property including business and trade fixtures not attached to, howeveror built into, the Premises, machinery and equipment (including, without limitation, video conferencing and boardroom equipment) not permanently affixed to the Premises, free-standing cabinet work, and movable partitions, which were installed by Tenant in the Premises XXXXXX XXXXXX XXXXX [Foundation Health Systems] shall be and remain the property of Tenant and may be removed by Tenant at any time during the Term as long as Tenant is not in default under this Lease after notice and lapse of any applicable cure period and provided that Tenant repairs to Landlord’s reasonable satisfaction any damage to the Premises, the Building and any other part of the Project caused by such removal. Furthermore, if Landlord, as a condition to Landlord’s consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Lease Term as set forth in Section 6.3 above, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, belowAlterations, after the end of the Lease Term until three (3) days’ notice to Tenant and Tenant’s failure to complete such work shall be completedremoval and repair, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations and improvements which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant (subject to reimbursement from the Tenant Improvement Allowance) and shall be and shall, unless Landlord requires their removal as provided below, become the property of Landlord at the expiration of this Lease, except that Tenant may remove any trade fixtures and personal property, which are not permanently affixed to the Premises and those items identified in Section 15.2, below, provided Tenant repairs any damage to the Premises and Buildings caused by such removal and returns that portion of the Premises to a Base Building condition as reasonably determined by Landlord; provided, however, that in the event Tenant disputes Landlord’s determination then such dispute shall be resolved by arbitration pursuant to Section 29.29 hereof. Landlord maymay require Tenant, by written notice to Tenant prior to the end of the Lease Term, expiration or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or which require Landlord’s consent and any other improvements (including the Tenant Improvements and to repair any damage Tenant’s Exterior Signage) to the Premises extent the same relate to a non-general office use of space and, when compared to general office improvements, are substantially more expensive to remove, provided further, however, that Landlord may, in any event, require Tenant to remove any stairwells and Building caused any Common Area Alterations installed by such removal and return Tenant in the affected portion of the Premises event that Landlord shall deliver notice thereof to their condition existing Tenant at any time prior to the installation expiration of such Alterations or improvements orthe Lease Term, at provided that in the event that Tenant’s request for approval of any particular Common Area Alteration shall include a “Removal Designation Reminder,” as that term is defined, below, in the manner and otherwise in accordance with the terms set forth below, then Landlord shall notify Tenant as to whether Tenant shall be required to remove the subject Common Area Alteration concurrently with Landlord’s electionapproval thereof (if applicable). Landlord shall also notify Tenant of its requirement that Tenant remove any Alteration or improvement (including the Tenant Improvements) in accordance with the terms hereof concurrently with Landlord’s approval thereof, provided that, except with respect to a building standard tenant improved condition as determined by Landlord; provided; howeverthe initial Tenant Improvements constructed in accordance with the Tenant Work Letter, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for approval shall state in bold face letters on the first page of the request for Landlord’s consent the following language (the “Removal Designation Reminder”): “CONCURRENTLY WITH LANDLORD’S APPROVAL (IF APPLICABLE) OF THE ALTERATIONS OR IMPROVEMENTS DESCRIBED HEREIN, LANDLORD MUST ELECT, SUBJECT TO THE TERMS OF THE LEASE, WHETHER SUCH ALTERATIONS OR IMPROVEMENTS SHALL BE REQUIRED TO BE REMOVED BY TENANT.” If Tenant fails to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be complete removal required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal , and/or to repair any damage caused by the removal of any Alterations or improvements in (including, but not limited to, the Premises Tenant Improvements, Tenant’s Exterior Signage, and the Common Area Alterations), and/or to return the affected portion of the Premises Premises, the Buildings and/or the Project to their the condition existing prior to the installation making of such Alterations Alteration or improvements or, if elected by Landlord, to a condition consistent with a first class office building standard tenant improved condition as determined project reasonably acceptable to Landlord with respect to areas affected by Landlord, prior to the expiration or earlier termination of this LeaseCommon Area Alterations, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost Actual Cost thereof to Tenant. ; provided, however, that in the event Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating disputes Landlord’s determination then such dispute shall be resolved by arbitration pursuant to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this LeaseSection 29.29 hereof.

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any trade fixture Alterations which Tenant can substantiate to Landlord have not been paid for by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; , however, that notwithstanding (i) nothing herein shall be construed to obligate Tenant to remove any of the foregoing, Tenant Improvements installed by Landlord under the Work Letter and (ii) upon request by Tenant at the time of Tenant’s 's request for Landlord’s 's consent to any Alteration or improvementAlteration, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such the removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises 1064686.11 22 that Tenant is required to remove and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Except to the extent caused by Landlord’s negligence (as limited by the provisions in Section 10.5 below) or willful misconduct, Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment Alterations in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office And (Aquantia Corp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , provided further, however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Inhibrx, Inc.)

Landlord’s Property. All Alterations, improvements, existing trade fixtures and equipment located in the Initial Premises as of the Lease Commencement Date and all trade fixtures, furnishing and equipment and/or appurtenances installed by Tenant from time to time in the Premises (other than Tenant FF&E) is the Tenant's property and may be removed by Tenant at any time and from time to time during the Lease Term and prior to the Lease Expiration Date. Tenant FF&E shall be the property of Landlord during that portion of the Lease Term following its installation in the Premises, and shall be surrendered by Tenant, along with the Premises, upon the expiration or earlier termination of the Lease Term; provided, however, that notwithstanding the foregoing: (a) the Tenant FF&E shall be an appurtenance of the Premises during the Lease Term, and no transfer premium or additional rent shall be charged by Landlord to Tenant or any Transferee (as defined in Section 14.1, below), as a condition of any Transfer; (b) Tenant shall have the right to relocate the Tenant FF&E within the Premises from time to time, in Tenant's sole discretion, without notice to Landlord; (c) Tenant shall be permitted to dispose of any Tenant FF&E that has become worn-out or obsolete, or is otherwise not required for Tenant use or occupancy of the Premises (with not less than three (3) business days advance notice to Landlord; provided that Tenant's failure to provide such notice shall not be deemed a default under this Lease and Tenant shall not be liable to Landlord for such failure except that Tenant shall pay to Landlord the then fair market value of any Tenant FF&E disposed of by Tenant in violation of the foregoing notice requirement), in the ordinary course of Tenant's business, without obligation to replace such items of Tenant FF&E so disposed of, and without liability to Landlord for doing so; (d) Tenant shall otherwise have no liability to Landlord for any loss of, or damage to, any of the items of Tenant FF&E as long as such loss or damage (i) does not occur during an period when an Event of Default exists under this Lease, or (ii) is not attributable to the gross negligence or willful misconduct of Tenant or any of its directors, officers, employees or agents; and (e) Tenant shall maintain insurance covering loss or damage to the Tenant FF&E pursuant to Section 10.3.2 of this Lease, below, provided that the proceeds of such insurance shall belong solely to Tenant, provided Tenant shall use such proceeds to replace the Tenant FF&E to the extent of such proceeds. Subject to the foregoing, the Tenant FF&E shall be surrendered by Tenant, along with the Premises, upon the expiration or earlier termination of the Lease Term in its as-is, where-is condition, without any obligation of Tenant to provide an inventory or other accounting of the Tenant FF&E and its location in the Premises. All Alterations which may be installed or placed in or about made to the PremisesPremises by Tenant pursuant to this Article 8, from time to time, shall be at the sole cost of Tenant (except for such items that may be included in the costs of any Tenant Must-Take 1 Fit-Out Work or the Tenant Must-Take 3 Fit-Out Work that Tenant elects to have paid or reimbursed from the Tenant Improvement Allowance), and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to except that Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to may remove any Alterations or improvements and to repair which have not been paid for with any of the Tenant Improvement Allowances, provided Tenant repairs any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their a warm shell condition existing consistent with the condition of the affected portion of the Premises prior to the installation of such Alterations or improvements orremoval. Furthermore, at Landlord’s electionLandlord may, by written notice to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvementAlterations that are included in the definition of Specialty Alterations (as hereinafter provided), Landlord shall notify reasonably require, as a condition of such consent, that Tenant whether the applicable Alteration or improvement will be required to be removed pursuant remove such Specialty Alterations prior to the terms end of the Lease Term or any earlier termination of this Section 8.5. If Tenant fails to complete such removal and/or to Lease and repair any damage to the Premises and Building caused by the removal of any Alterations or improvements in the Premises such removal, and return the affected portion of the Premises to their a warm shell condition existing consistent with the condition of such portion of the Premises prior to the installation such removal, at Tenant’s expense; provided, however, that with respect to any Cosmetic Alterations that do not require Landlord’s consent, and which Tenant believes are Specialty Alterations, Tenant may request Landlord’s determination of whether such Specialty Alterations or improvements or, if elected by Landlord, are required to a building standard tenant improved condition as determined by Landlord, prior to be removed at the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. if Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.makes

Appears in 1 contract

Samples: Sorrento Summit (Nuvasive Inc)

Landlord’s Property. All Subject to the provisions of this Lease, all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about affixed to the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord at the expiration or sooner termination of this Lease, except that Tenant shall have the right to remove any such Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord; provided, howeverprovided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, subject to the provisions of this Lease, as to any Alterations requiring Landlord’s consent, if Landlord, as a condition to Landlord’s consent to any such Alteration (which was not a General Office Alteration), notified Tenant that it retained the right to require that Tenant remove such Alteration upon the expiration or early termination of the Lease Term, Landlord may, by by, written notice given to Tenant not less than sixty (60) days prior to the end of the Lease Term, or given within thirty (30) days following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements such Alteration and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Imperial Capital Group, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding the foregoingvaults, upon request safes, automatic teller machines and night depository boxes and, to the extent not removed by Landlord pursuant to Section 23.5 hereof, Tenant’s Building top sign, shall be removed by Tenant (at the time of Tenant’s request for Landlord’s consent to any Alteration sole cost and expense) upon the expiration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms sooner termination of this Section 8.5Lease unless Landlord otherwise elects in writing. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or fails to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Pacific Mercantile Bancorp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord may, by written notice have not been paid for with any Tenant improvement allowance funds provided to Tenant prior to the end of the Lease Termby Landlord, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair provided Tenant repairs any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its request for Landlord's approval for particular Alterations, (1) Tenant requests Landlord's decision with regard to the removal of such Alterations, and (2) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations, then Tenant shall not be required to so remove such Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, in its approval of any Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration or improvementsuch Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Anacomp Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter Agreement shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however, Tenant may remove any Alterations, improvements (excluding the Improvements), fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for by any Improvement Allowance funds, provided that Tenant repairs any and all damage to the Premises or the Building caused in whole or in part by such *** Confidential portions of this document have been redacted and filed separately with the Commission. removal, and returns the affected portion of the Building or the Premises to an as improved building standard condition, as reasonably approved by Landlord. Furthermore, Landlord may, by written notice to Tenant Tenant, at least sixty (60) days prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and located within the Premises, to repair any damage to the Premises and Building caused by such removal removal, and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations, then Tenant shall not be required to so remove such Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration or improvementAlterations, fails to address the removal requirement with regard to such Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

Landlord’s Property. All Alterations, improvementswhether temporary or permanent, fixturesincluding hardware, equipment and/or appurtenances which may be installed or non-trade fixtures and wall and floor coverings, whether placed in or about upon the Premises, from time to timePremises by Landlord or Tenant, shall be become Landlord's property and shall remain with the Premises at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require whether by lapse of time or otherwise, without compensation, allowance or credit to Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding the foregoing, Landlord may request that any or all of said Alterations in or upon request the Premises made by Tenant be removed by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease. If Landlord requests such removal or if Tenant removes its trade fixtures, then Rent Tenant shall continue remove the same prior to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work and shall be completed, and Landlord shall have the right, but not the obligation, repair all damage to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations the Building or the Property caused by such removal. Tenant shall not, however, be required to remove floors, ceilings and pipes and wires concealed in floors, walls or ceilings, provided that Tenant properly cuts and caps the same, and seals them off in a safe, lawful and workmanlike manner, in accordance with Landlord's reasonable requirements and all applicable building codes. If Tenant does not remove any Alterations when requested by Landlord to do so, Landlord may remove the same and repair all damage caused thereby, and Tenant shall pay to Landlord the cost of Tenant such removal and repair immediately upon demand therefor by Landlord, plus five percent (5%) of the cost of such removal to reimburse Landlord for its administrative expense. Tenant's obligation to observe or perform this covenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Commencement Date Agreement (PSB Bancorp Inc)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, Premises shall be at the sole cost of Tenant (except for Landlord’s Work) and shall be and become the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to may require that Tenant prior to remove any improvement or Alteration upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return removal; provided, however, with respect to any improvements (including the affected portion of the Premises to their condition existing prior initial Tenant Improvements installed pursuant to the installation of such Tenant Work Letter that are other than those depicted on the Final Space Plan, as defined therein) or Alterations made or improvements or, at caused to be made by Tenant with Landlord’s electionconsent, Tenant shall have no obligation to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant remove any such improvements or Alterations unless at the time of Landlord approved the final working drawings for any such improvements or Alterations, Landlord, by written notice to Tenant’s request for Landlord’s consent , identified those improvements or Alterations which Landlord would require Tenant to any Alteration remove at the expiration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms earlier termination of this Section 8.5Lease, in which event Tenant shall remove such identified improvements and/or Alterations (as the case may be) on or before the expiration of the Lease Term (as may be extended) and repair any damage resulting from such removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protectsNotwithstanding any contrary provision of this Lease, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive not be obligated to remove any of the initial Tenant Improvements depicted on the Final Space Plan upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Terms of Lease (Aqua Metals, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any "Extraordinary Alterations," as that term is defined in Section 2.4 of the Tenant Work Letter, located within the Premises and replace the same with then existing "Building Standard Tenant Improvements," as that term is defined in Section 2.3 of the Tenant Work Letter, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Amn Healthcare Services Inc)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant Tenant, and shall be and become the property of Landlord; provided, however. Furthermore, Landlord maymay require that Tenant remove any Alterations, by written notice to Tenant prior to improvements, fixtures and/or equipment upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, (provided that notwithstanding the foregoing, upon request by Tenant Landlord so designates at the time that Landlord consents to such Alteration (or at the time Tenant notifies Landlord of Alterations not requiring Landlord’s consent) but Landlord will only be required to so designate in the event Tenant requests, in Tenant’s request for such consent (or Xxxxxx’s notice to Landlord with respect to Alterations not requiring Landlord’s consent to any Alteration or improvementconsent), that Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant make such determination). Notwithstanding anything above to the terms contrary, Tenant shall have the right to remove any fixtures or equipment (but not Alterations except for Alterations which are in the nature of this Section 8.5equipment fixtures) from the Premises which have been paid solely by Tenant’s funds (and repair any damage to the Premises caused by such removal). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed(plus a reasonable cure period not to exceed five (5) business days), Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.

Appears in 1 contract

Samples: Sublease (Assembly Biosciences, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be Any Alterations and other property installed or placed located in the Demised Premises by or about the Premises, from time to time, on behalf of either party (i) shall be at the sole cost of Tenant and shall be and (except for Tenant's Personal Property) immediately become the property of LandlordLandlord and be subject to this Lease, and (ii) shall remain upon and be surrendered to Landlord with the Demised Premises as a part thereof upon the expiration or termination of the Term; provided, however, that if Tenant is not in default under this Lease, Tenant shall have the right to remove, prior to the expiration of the Term, Tenant's Personal Property (except that if Tenant is then in default in the payment of any Rent due under this Lease, Tenant shall not have the right to remove Tenant's Personal Property unless Tenant cures such default within five (5) business days following the date of expiration or termination of the Term, in which case Tenant shall have the right to remove Tenant's Personal Property on or before such fifth (5th) business day following the date of expiration or termination of the Term), and provided further, that if Landlord mayshall elect that any Alterations be removed at the expiration of the Term, Tenant shall cause the same to be removed at Tenant's expense and shall surrender the Demised Premises to Landlord in the condition in which the Demised Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required under this Lease and except for ordinary wear and tear, or shall reimburse Landlord for the cost of doing so. Notwithstanding anything to the contrary set forth in this Lease, if Landlord has made commercially reasonable efforts to lease the Demised Premises to a tenant which would not require the removal of the interior stairwell which Tenant intends to install as part of Tenant's Work (the "Interior Stairwell") but has either leased the Demised Premises to a party which does require removal of the Interior Stairwell or has not then leased the Demised Premises, Landlord shall have the right, which shall be exercisable by written notice given to Tenant not later than six (6) months prior to the end expiration of the Lease TermTerm (unless the Term is terminated earlier than its scheduled expiration date pursuant to the provisions of Paragraphs 18, 19 or given following any earlier termination of this Lease20 hereof, require Tenant, at Tenant’s expensein which case said twelve (12) month requirement shall not apply), to remove any Alterations or improvements and require Tenant to repair any damage to cause the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required Interior Stairwell to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to at the expiration or earlier termination of the Term at Tenant's expense, in which case Tenant shall remove such interior stairwell and restore the area which is affected by such removal to the condition in which that portion of the Demised Premises was originally received from Landlord (the "Interior Stairwell Pre-Existing Condition"), failing which Tenant shall reimburse Landlord for the cost of doing so; provided, however, that in no event shall Tenant's cost to remove the Interior Stairwell and restore the area which is affected by such removal to the Interior Stairwell Pre-Existing Condition exceed the "Interior Stairwell Removal/Restoration Cap" (as hereinafter defined). As used herein, the term "Interior Stairwell Removal/Restoration Cap" shall mean the amount of Fifty Thousand Dollars ($50,000) as such amount has been increased by increases in the Consumer Price Index (which shall mean the revised monthly Consumer Price Index for Urban Wage Earners and Clerical Workers for the Washington-Baltimore, DC-MD-VA-WV CMSA (All Items, November 1996 = 100) promulgated by the Bureau of Labor Statistics of the United States Department of Labor) between the date of execution of this Lease by Tenant and the date of expiration or earlier termination of the Term of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after . In the end event that Landlord's actual costs of removal of the Lease Term until Interior Stairwell restoration of the area which is affected by such work shall be completedremoval to the Interior Stairwell Pre-Existing Condition exceed the Interior Stairwell Removal/Restoration Cap, and Landlord shall have reimburse Tenant for the right, but not the portion of such costs which is in excess of such Interior Stairwell Removal/Restoration Cap. Any such reimbursement obligation, to perform such work and to charge whether on the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations part of Tenant or Landlord, pursuant to this Paragraph 17.1, shall survive the expiration or earlier termination of this Lease, notwithstanding anything to the contrary set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Lecg Corp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which that may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; provided; , however, that notwithstanding Landlord may not require Tenant to remove any Tenant Improvements shown in the foregoingFinal Working Drawings or any Alternations consistent with the improvements shown in the Final Working Drawings, upon request by Tenant at or any Alterations which are otherwise consistent with typical tenant improvements in the time of Tenant’s request for Landlord’s consent to any Alteration biotechnology or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit G attached hereto (the "Tenant's Property") shall at all times be and remain Tenant's property. Exhibit G may be updated from time to time by agreement of the Parties. Tenant may remove the Tenant's Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant's Property.

Appears in 1 contract

Samples: Edgewater Business Park (Allogene Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which that may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; provided; , however, that notwithstanding Landlord may not require Tenant to remove any Tenant Improvements shown in the foregoingFinal Working Drawings or any Alternations consistent with the improvements shown in the Final Working Drawings, upon request by Tenant at or any Alterations which are otherwise consistent with typical tenant improvements in the time of Tenant’s request for Landlord’s consent to any Alteration biotechnology or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit G attached hereto (the “Tenant’s Property”) shall at all times be and remain Tenant’s property. Exhibit G may be updated from time to time by agreement of the Parties. Tenant may remove the Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant’s Property.

Appears in 1 contract

Samples: Lease (Allogene Therapeutics, Inc.)

Landlord’s Property. All AlterationsAny Alterations and other improvements and any equipment, improvementsmachinery, fixturesfurnishings and other property, equipment and/or appurtenances which may be installed or placed located in or about the Premises, from time to timethe Building or the Land by or on behalf of Landlord or Tenant, except for Tenant's Personal Property: (i) shall be at the sole cost of Tenant and shall be and immediately become the property of Landlord, and (ii) shall be surrendered to Landlord with the Premises as a part thereof at the end of the Term; provided, however, that if Landlord mayrequests Tenant to remove any Alterations installed by or on behalf of Tenant, Tenant shall cause the same to be removed at Tenant's expense on or before the Lease Expiration Date, or shall reimburse Landlord for the cost of such removal, as elected by written notice Landlord (unless Landlord expressly waives in writing the right to require such removal at the time Landlord give its consent to the making of such Alterations). Notwithstanding the foregoing, (1) with respect to all Alterations made pursuant to the Office Space Work Agreement attached hereto as Exhibit C, Landlord shall specify which, if any, of such Alterations Tenant prior shall be required to remove at the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant Term at the time of Landlord approves the plans and specifications for such Alterations, and (ii) with respect to all other Alterations, Tenant’s , upon submitting its request for Landlord’s consent to any Alteration or improvementLandlord to make such Alterations, shall have the right to request therein that Landlord shall notify specify whether and to what extent Landlord will require Tenant whether to remove the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after question at the end of the Lease Term until Term. If Tenant shall fall to request such work information in its request to make any Alterations specified in clause (ii) in the preceding sentence, such right shall be completeddeemed null and void as to the Alterations in question, and all such Alterations shall thereafter be subject to the exercise of Landlord's rights and to Tenant's obligations set forth in the first sentence of this Section 10.A. If Tenant submits its request for such information in accordance with the foregoing provisions and Landlord consents to the Alterations requested, Landlord shall, together with its consent, specify in writing whether and to what extent it will require Tenant to remove the Alterations in question at the end of the Term, and if Landlord fails so to specify, Tenant shall have no further obligation to remove the right, but not Alterations which were the obligation, to perform such work and to charge the cost thereof to subject of Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease's request.

Appears in 1 contract

Samples: Hagler Bailly Inc

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises (including, without limitation, the Improvements), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations, then Tenant shall not be required to so remove such Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) Business Days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration or improvementAlterations, fails to address the removal requirement with regard to such Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Rockley Photonics Holdings LTD)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord, except that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord; provided, however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant's request for Landlord's consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.. ARTICLE 9

Appears in 1 contract

Samples: Office Lease (Healthequity, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return removal; provided, however, that other than with respect to the affected portion of interconnecting stairway to be installed in the Premises (which Landlord may require Tenant to their condition existing remove prior to the installation expiration of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvementLease Term), Landlord shall notify not require Tenant whether to remove any Tenant Improvements shown in the applicable Alteration Approved Schematic Plans , any Alterations consistent with the improvements shown in the Approved Schematic Plans, or improvement will be required to be removed pursuant to any Alterations which are otherwise consistent with typical tenant improvements in the terms of this Section 8.5biotechnology or pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the “Tenant’s Property”) shall at all times be and remain Tenant’s property. Exhibit F may be updated from time to time by agreement of the parties. Tenant may remove the Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant’s Property.

Appears in 1 contract

Samples: Lease (Annexon, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a Building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to given at the end time of the Lease Term, or given following any earlier termination of this LeaseLandlord’s approval thereof, require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises (including, without limitation, the “Tenant Improvements” (as that term is defined in the Tenant Work Letter)) prior to the end of the Lease Term or upon any earlier termination of this Lease, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building Building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building Building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Internet Brands, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, Landlord may, (i) by written notice to Tenant prior to the end of the Lease Termor otherwise as specified in Section 8.1, above, or (ii) in the case of Tenant’s Alterations, by the procedure specified in Section 8.6.5, below, or (iii) given within a reasonable time following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation installment of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation installment of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease, except and to the extent caused by the negligence or willful misconduct by Landlord, its employees, agents or contractors, for which Tenant shall not be responsible.

Appears in 1 contract

Samples: Office Lease (Hyperion Therapeutics Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements constructed by or on behalf of Tenant in the Premises, and to repair any damage to the Premises and Building caused by such removal and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding provided that, as set forth in Section 8.2, above, Tenant shall have the foregoing, upon request by Tenant right to require a designation of any such removal obligation at the time of Tenant’s request for Landlord’s consent to any Alteration a particular tenant improvement or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5Alteration. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Akamai Technologies Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment improvements and/or appurtenances fixtures (excluding Tenant’s Property) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord upon expiration of the Lease Term or earlier termination of this Lease; provided, however, : (i) Tenant may not remove any Tenant Improvements or Alterations (excluding Tenant’s Property) paid for by Landlord with Landlord’s own funds and/or out of any tenant improvement allowances provided by Landlord (except any such removal made in connection with Alterations approved by Landlord or not required to be approved by Landlord); and (ii) Landlord may, by written notice delivered to Tenant prior to the end concurrently with Landlord’s approval of the Lease Termfinal working drawings for any Alterations (or for the initial Tenant Improvements constructed for the Premises), identify those Alterations (or given following any initial Tenant Improvements for Tenant’s initial occupancy, as the case may be) which Landlord will require Tenant to remove at the expiration or earlier termination of this Lease; provided further, require however, that Tenant shall in no event be required to remove any such Alterations (or initial Tenant Improvements, as the case may be) other than (A) any raised floors, internal stairwells, vaults and other similar special use tenant improvements (collectively, “Special Use Improvements”), and/or (B) those other improvements or alterations which are of such specialized nature or application that the same are not reasonably suited for use by a successor occupant of the Premises, and the cost to demolish such items exceeds the cost to demolish general office improvements. If Landlord requires Tenant to remove any such Alterations (or any such initial tenant improvements) which are constructed for the Premises, Tenant, at Tenant’s its sole cost and expense, to shall remove any the identified Alterations and improvements on or improvements before the expiration or earlier termination of this Lease and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises improvements, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: LNR Warner Center (United Online Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord at the end of the Lease Term; provided, however, Tenant may remove any furniture, fixtures, equipment and/or personal property installed in the Premises by Tenant, at Tenant’s sole cost and expense, and which have not been paid for with any Landlord provided funds (i.e., amounts spent by Landlord in connection with its construction of the “Improvements,” as that term is defined in Section 1.2 of the Work Letter, pursuant to the Work Letter or otherwise), and Tenant shall repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises and the Building to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior (provided such conditions are given to Tenant at the time of Landlord’s consent to the end subject Alterations or improvements in the Premises (or, with respect to Alterations not requiring Landlord’s consent, within three (3) business days after Tenant’s written notice to Landlord of the Lease Termsuch Alternations as provided in Section 8.1, or given following any earlier termination of this Leaseabove)), require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; , however, that notwithstanding Tenant shall have no obligation to remove the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed Improvements being constructed pursuant to the terms of this Section 8.5Work Letter. If Tenant fails to complete such removal and/or to the repair of any damage caused by the removal of any Alterations Alteration or improvements in the Premises and return the affected portion of then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or XXXXXX REALTY XXXXXX CENTRE DEL MAR [Santarus, Inc.] about the PremisesPremises by or on behalf of Tenant, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property; provided, however, in no event shall Tenant’s Property include (a) any fixtures, furniture, equipment or other personal property, the cost of which has been covered or partially covered by Landlord, either during the initial construction of the Improvements as identified in the Work Letter or otherwise, and (b) at Landlord’s election, in Landlord’s sole and absolute discretion (without waiving any obligation Tenant may have under this Lease to remove the same), any trade fixtures, furniture, equipment and other personal property installed in the Premises which has been abandoned by Tenant. At any time Tenant may remove Tenant’s Property from the Premises provided that Tenant repairs all damage caused by such removal and returns the affected portion of the Premises and the Building to a building standard tenant improved condition as reasonably determined by Landlord.

Appears in 1 contract

Samples: Office Lease (Santarus Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building–standard “warm shell” condition as reasonably determined by Landlord. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any “Above Building Standard Tenant Improvements” identified by Landlord pursuant to Section 2.4 of the Tenant Work Letter and/or any Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building building-standard tenant improved “warm shell” condition as reasonably determined by Landlord; provided; , however, that notwithstanding the foregoingif, upon request by Tenant at the time of Tenant’s in connection with its request for Landlord’s consent approval for particular Alterations or improvements, or in connection with its notice to Landlord with respect to Cosmetic Alterations, (1) Tenant requests Landlord’s decision with regard to the removal of such Alterations or improvements, and (2) Landlord thereafter agrees in writing to waive the removal requirement when approving (or, if applicable, following notification of) such Alterations or improvements, then Tenant shall not be required to so remove such Alterations or improvements; provided further, however, that if Tenant requests such a determination from Landlord and Landlord, in its approval of any Alteration Alterations or improvementimprovements (or within 10 business days following Landlord’s receipt of notice from Tenant with respect to Cosmetic Alterations), fails to address the removal requirement with regard to such Alterations or improvements, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5improvements. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building building-standard tenant improved “warm shell” condition as reasonably determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises (excluding the Tenant Improvements) and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s 's request for Landlord’s 's consent to any Alteration or improvementimprovement or at the time of Tenant's notice for any Alteration 4000-0000-0000.5 391174.00001/5-24-21//mem -30- XXXXXX XXXXX [Turning Point Therapeutics] that does not require Landlord's consent, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements in (excluding the Premises Tenant Improvements) and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment (excluding the Tenant Improvements) in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove any of the Tenant Improvements upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Callan Ridge (Turning Point Therapeutics, Inc.)

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