Common use of Landlord’s Property Clause in Contracts

Landlord’s Property. All Alterations, improvements, fixtures, ------------------- conduit, (excluding Tenant's Generator, generator enclosures, paralleling gear, DC plant or UPS system and Tenant HVAC Equipment, Liebert units and chillers [collectively, "Tenant's Trade Fixtures"]) 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, and 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, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures, 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 at the time Tenant requests Landlord's consent to any Alteration pursuant to Section ------- 8.1 or Section 22, or given following any earlier termination of this Lease, --- ---------- require Tenant, at Tenant's expense, to remove any Alterations, improvements, fixtures, conduits and/or appurtenances (not including the initial Tenant Improvements to be constructed by Tenant pursuant to the Tenant Work Letter) 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 and Project to a building standard tenant improved condition as determined by Landlord. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations, improvements, fixtures, conduits and/or appurtenances in the Premises and Project, and returns the affected portion of the Premises and Project to a building standard tenant improved condition as determined by Landlord, Landlord may do so and 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 in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures, conduit, and/or appurtenances in, on or about the Premises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Landlord’s Property. All AlterationsSubject to SECTION 12.2, improvements, all fixtures, ------------------- conduitmachinery, (excluding Tenant's Generatorequipment, generator enclosuresimprovements and appurtenances attached to, paralleling gearor built into, DC plant or UPS system and Tenant HVAC Equipment, Liebert units and chillers [collectively, "Tenant's Trade Fixtures"]) 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 Premises at the time commencement of, or during the Term, whether or not placed there by or at the expense of Tenant's initial occupancy , shall become and remain a part of the Premises, ; shall be at the sole cost of Tenant and shall be and become deemed the property of LandlordLandlord (the "LANDLORD'S PROPERTY"), and shall be and remain part of the Premises without compensation or credit to Tenant; and shall not be removed by Tenant at the end Expiration Date unless Landlord requests their removal. "NOTWITHSTANDING THE FOREGOING, (i) THE UPS SYSTEM AND BACKUP GENERATOR SHALL NOT BE DEEMED LANDLORD'S PROPERTY AND SHALL BE REGARDED AS A COMPONENT OF TENANT'S PROPERTY (AS HEREINAFTER PROVIDED) AND (ii) TENANT SHALL BE RESPONSIBLE FOR REPAIRING (TO LANDLORD'S REASONABLE SATISFACTION) ANY DAMAGES TO PREMISES OR THE PROPERTY RESULTING FROM ANY INSTALLATION AND/OR REMOVAL OF THE UPS SYSTEM AND BACKUP GENERATOR." Further, any personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall be and shall remain the property of Landlord and shall not be removed by Tenant. In no event shall Tenant remove any of the term of this Leasefollowing materials or equipment without Landlord's prior written consent (which consent may be given or withheld in Landlord's sole discretion): any power wiring or power panels, unless Landlord agreed to its removal at the time Landlord consented to such Alteration. Such lighting or lighting fixtures, alterationswall or window coverings, additions, repairs, improvements and/or appurtenances shall include, without limitation, the Base, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, carpets or other floor coverings, drapesheaters, paneling, molding, doors, kitchen and dishwashing fixtures, plumbing systems, electrical systems, lighting systems, silencing air conditioners or any other HVAC 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 fencing or ceiling installations. Notwithstanding the foregoing, Landlord may, by written notice to Tenant at the time Tenant requests Landlord's consent to any Alteration pursuant to Section ------- 8.1 or Section 22security gates, or given following any earlier termination of this Lease, --- ---------- require Tenant, at Tenant's expense, to remove any Alterations, improvements, fixtures, conduits and/or appurtenances (not including the initial Tenant Improvements to be constructed by Tenant pursuant to the Tenant Work Letter) in the Premises other similar building operating equipment and Project, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises and Project to a building standard tenant improved condition as determined by Landlord. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations, improvements, fixtures, conduits and/or appurtenances in the Premises and Project, and returns the affected portion of the Premises and Project to a building standard tenant improved condition as determined by Landlord, Landlord may do so and 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 in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures, conduit, and/or appurtenances in, on or about the Premises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Leasedecorations.

Landlord’s Property. All AlterationsRegardless of which party may have installed or paid for them, improvementsor may own or have insurable interest in them during the Lease Term, any and all plumbing lines and fixtures, ------------------- conduit, (excluding Tenant's Generator, generator enclosures, paralleling gear, DC plant or UPS system and Tenant HVAC Equipment, Liebert units and chillers [collectively, "Tenant's Trade Fixtures"]) 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, and 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 light fixtures, alterations, additions, repairs, improvements and/or appurtenances shall include, without limitation, the Base, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures, plumbing systems, electrical systems, lighting systems, silencing equipment, switching conduit carpeting and cablingsuspended ceilings, all and other improvements, betterments, materials, fixtures and outlets equipment, affixed in any manner to the Building or Premises (except trade fixtures and equipment installed and paid 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 at the time Tenant requests Tenant) shall become Landlord's consent to any Alteration pursuant to Section ------- 8.1 sole property upon expiration or Section 22, or given following any earlier termination of this Lease; and no such property may be removed from the Premises except upon the expressed written consent of Landlord; provided that Landlord shall have the right, --- ---------- require Tenantat its option, upon expiration or termination of the Lease Term, to demand that Tenant remove any specific improvements, betterments or other items previously installed and paid for by Tenant and to restore the Premises to substantially the same condition as existed prior to Tenant originally taking possession of the Premises, all at Tenant's cost and expense; and Tenant shall promptly comply. By way of illustration and not in limitation, to remove any Alterationsthe following kinds of fixtures, improvements, fixtures, conduits and/or appurtenances (not including the initial Tenant Improvements betterments and other items shall be deemed to be constructed by Tenant pursuant to the Tenant Work Letter) 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 and Project to a building standard tenant improved condition as Landlord's property unless otherwise determined by Landlord. If Tenant fails ; attached carpeting and floor coverings; paneling, woodwork and moldings; doors and windows; attached mirrors; fixed walls and partitions; pipes, faucets, sinks, disposals, commodes and plumbing fixtures of all kinds; lighting fixtures and electrical outlets; heating, ventilating and air conditioning ductwork, compressors, condensers, furnaces, boilers and other equipment; hot water heaters; floors, decks and mezzanines; built-in ovens, stoves, walk-in or nonremovable freezers or refrigerators and other kitchen equipment; suspended and fixed ceilings; fixed cabinetry and shelving; wall coverings; ceiling and attic fans and humidifiers; blinds, drapes, curtain rods and other window treatments; gazebos, gates, fences, trellises, trees, shrubs and plantings of all kinds; all similar items and all improvements and betterments to complete such removal and/or to repair any damage caused by the removal of any Alterationsbuilding, improvements, fixtures, conduits and/or appurtenances in the Premises and Project, and returns the affected portion of the Premises and Project to a building standard tenant improved condition as determined by Landlord, Landlord may do so and 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 in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures, conduit, and/or appurtenances in, on or about the Premises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseappurtenant tract.

Landlord’s Property. All Alterations, improvements, fixtures, ------------------- conduit, Leasehold improvements (excluding Tenant's Generator, generator enclosures, paralleling gear, DC plant or UPS system ’s Property (defined below)) shall become Landlord’s property upon installation and Tenant HVAC Equipment, Liebert units and chillers [collectively, "without compensation to Tenant's Trade Fixtures"]) 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, and 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, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures, 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. If any Tenant-Insured Improvements are Specialty Improvements (defined below), Landlord maythen except as otherwise notified by Landlord, by written notice to Tenant at the time Tenant requests Landlord's consent to any Alteration pursuant to Section ------- 8.1 or Section 22, or given following any earlier termination of this Lease, --- ---------- require Tenant, at its expense and before the expiration or earlier termination hereof, shall remove such Tenant's expense-Insured Improvements (other than (i) any supplemental HVAC unit, to remove which shall be governed by Section 25.5. and (ii) any Proposed Initial Alterations), improvements, fixtures, conduits and/or appurtenances (not including the initial Tenant Improvements to be constructed by Tenant pursuant to the Tenant Work Letter) in the Premises and Project, 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 its configuration and Project to a building standard tenant improved condition as determined by Landlordexisting before the installation of such Tenant-Insured Improvements. If Tenant fails to complete timely perform any work required under the preceding sentence. Landlord may perform it at Tenant’s expense. When Landlord approves any Tenant-Insured Improvements (or, in the case of any Alterations that do not require Landlord’s approval hereunder, if Tenant specifically requests that Landlord do so, then, within 10 business days after such removal and/or request), Landlord shall identify any such Tenant-Insured improvements that will be required to repair be removed pursuant to this section 8, and any such Tenant-Insured improvements that are not so identified by Landlord shall not be required to be removed pursuant to this Section 8. As used herein, “Specialty Improvements” means any Tenant-Insured Improvements that , in Landlord’s reasonable judgment, are not customary multi-tenant office/R&D installations, including equipment racks; classrooms; bathrooms (other than the base Building bathrooms); file rooms, libraries or other rooms with reinforced flooring; workout/fitness rooms; shower rooms; locker rooms; kitchen facilities (other than coffee bar kitchenettes); server rooms; safes; laboratories; vaults, and areas without drop ceilings. 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”), (b) create any contractual lien or “landlord’s lien” in any of Tenant’s Property, or (c) prohibit Tenant from removing Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the removal of any Alterations, improvements, fixtures, conduits and/or appurtenances in the Premises and Project, and returns the affected portion of the Premises and Project to a building standard tenant improved condition as determined by Landlord, Landlord may do so and may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense its installation or claim of lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures, conduit, and/or appurtenances in, on or about the Premises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseremoval.

Landlord’s Property. All Tenant may remove any Alterations, improvements, fixtures, ------------------- conduitaffixed equipment and/or appurtenances from the Premises which Tenant can reasonably demonstrate were not paid for with the Improvement Allowance, (excluding and may remove all items constituting Tenant's Generator, generator enclosures, paralleling gear, DC plant intellectual property or UPS system and Tenant HVAC Equipment, Liebert units and chillers [collectively, "Tenant's Trade Fixtures"]) and/or appurtenances which may be installed or placed in or about trade secrets that are not affixed to the Premises, from time provided that Tenant repairs any damage 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, and shall be and remain part of the Premises and shall not be removed caused by Tenant at the end of the term of this Lease, unless Landlord agreed to its removal at the time Landlord consented to such Alterationremoval. Such fixtures, alterations, additions, repairs, improvements and/or appurtenances shall include, without limitation, the Base, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures, 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 foregoingFurthermore, Landlord may, by written notice to Tenant at the time Tenant requests of Landlord's consent to any Alteration pursuant Alterations or Improvements over which Landlord has express approval rights hereunder or to Section ------- 8.1 or Section 22any Specialty Alterations, or given following any earlier termination of this Lease, --- ---------- require Tenant, at Tenant's expense, to remove any Specialty Alterations, improvements, fixtures, conduits and/or appurtenances (not including the initial Tenant Improvements to be constructed by Tenant pursuant to the Tenant Work Letter) in the Premises and Project, and to repair any damage to the Premises and Building caused by such removal removal. Notwithstanding anything above to the contrary, Landlord may not require Tenant to remove improvements which are consistent with typical tenant improvements for the Permitted Use; provided, however, in all cases Tenant shall be required to remove, and return to restore the affected portion Premises or Project, as applicable, to their previous condition, the following: (a) any Cafeteria, kitchens, showers, restrooms, washrooms or similar facilities in the Premises that are not part of the Premises Base Building, (b) any private/internal stairways in the Premises, as opposed to fire stairs (and Project Tenant shall be required to a building standard demolish and "cap" any such private/internal stairways at the expiration or earlier termination of this Lease), (c) any other items, improvements or fixtures which Tenant is expressly required to remove pursuant to the terms of this Lease, (d) any improvements or signage incorporating Tenant's name or logo, (e) safes and vaults, (f) raised flooring, and (g) any alteration, improvement or equipment not complying with Applicable Laws. Any Alterations or Improvements other than those consistent with typical tenant improved condition improvements for the Permitted Use or as determined by Landlordnumerated in (a) through (h) above, are "Specialty Alterations". If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations, improvements, fixtures, conduits and/or appurtenances Alterations or improvements in the Premises and ProjectPremises, and returns the affected portion of the Premises and Project to a building standard tenant improved condition as determined by Landlord, then Landlord may do so and 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 in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures, conduit, and/or appurtenances in, on or about the Premises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Landlord’s Property. All Alterations, improvements, fixtures, ------------------- conduit, (excluding Leasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant's Generator, generator enclosures, paralleling gear, DC plant or UPS system and Tenant HVAC Equipment, Liebert units and chillers [collectively, "Tenant's Trade Fixtures"]) 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, and 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, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures, 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 mayif any Tenant-Insured Improvements (defined in Section 10.2.2) are Specialty Improvements (defined below), then, except as otherwise notified by written notice to Tenant at the time Tenant requests Landlord's consent to any Alteration pursuant to Section ------- 8.1 or Section 22, 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 Alterationssuch Specialty Improvements, improvements, fixtures, conduits and/or appurtenances (not including the initial Tenant Improvements to be constructed by Tenant pursuant to the Tenant Work Letter) in the Premises and Project, 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 and Project to its condition existing before the installation of such Specialty Improvements (or, at Landlord’s election, to a building Building-standard tenant tenant-improved condition as determined by Landlord). If Tenant fails to complete such removal and/or to repair timely perform any damage caused by work required under the removal of any Alterations, improvements, fixtures, conduits and/or appurtenances in the Premises and Project, and returns the affected portion of the Premises and Project to a building standard tenant improved condition as determined by Landlordpreceding sentence, Landlord may do so and may charge the cost thereof to perform such work at Tenant’s expense. Tenant hereby protectsIf, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing when it requests Landlord’s approval of any Tenant-Insured Improvements, Tenant specifically requests that Landlord identify any such AlterationsTenant-Insured Improvements that are Specialty Improvements (or if Tenant makes such request with respect to any Tenant-Insured Improvements that do not require Landlord’s approval), improvementsLandlord shall provide such identification when it provides such approval (or, fixturesif such approval is not required, conduitwithin 15 business days after receiving such request), and/or appurtenances inand if Landlord fails to so identify any such Tenant-Insured Improvement as a Specialty Improvement when so required, then such Tenant-Insured Improvement shall be deemed not to be a Specialty Improvement. As used herein, “Specialty Improvements” means any Tenant-Insured Improvements that, in Landlord’s reasonable judgment, are not typical multi-tenant office installations, including equipment racks; classrooms; bathrooms (other than the base Building bathrooms); file rooms, libraries or other rooms with reinforced flooring; workout/fitness rooms; shower rooms; locker rooms; kitchen facilities (other than coffee bar kitchenettes); server rooms; safes; laboratories; vaults; and areas without drop ceilings, excluding, however, any such improvement that (i) is installed in a location in which any other such improvement exists on or about the Premises Delivery Date, and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Lease(ii) is not materially more expensive to remove than such other existing improvement.

Landlord’s Property. All Alterations, improvements, fixtures, ------------------- conduit, (excluding Leasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant's Generator, generator enclosures, paralleling gear, DC plant or UPS system and Tenant HVAC Equipment, Liebert units and chillers [collectively, "Tenant's Trade Fixtures"]) 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, and 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, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures, 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 mayexcept as otherwise notified by Landlord, by written notice to Tenant at the time Tenant requests Landlord's consent to any Alteration pursuant to Section ------- 8.1 or Section 22, or given following any earlier termination of this Lease, --- ---------- require Tenant, at its expense and before the expiration or earlier termination hereof, shall remove any Tenant's expense-Insured Improvements, repair any resulting damage to the Premises or Building, and restore the affected portion of the Premises to its condition existing before the installation of such Tenant-Insured Improvements (or, at Landlord’s election, to a Building-standard tenant-improved condition as determined by Landlord); provided, however, that Tenant shall have no obligation to remove any Alterations, improvements, fixtures, conduits and/or appurtenances (not including of the initial Tenant Improvements to be constructed by Tenant pursuant to the Tenant Work Letter) in , unless the Premises and Projectsame constitute Specialized Improvements, and or any Prior Alterations. If Tenant’s request for Landlord’s approval of any proposed Alterations contains a request that Landlord identify any portion of such Alterations that Landlord will require Tenant to repair any damage to remove as provided above, then Landlord will, at the Premises and Building caused by time if approves such removal and return the affected Alterations, identify such portion of the Premises and Project Alterations, if any, that Landlord will require Tenant to a building standard tenant improved condition as determined by Landlordso remove. If Tenant fails to complete timely perform any work required under the preceding sentence, Landlord may perform such removal and/or work at Tenant’s expense. As used herein, “Specialized Improvements” means Tenant-insured Improvements that are not normal and customary general office improvements consistent with a standard office/R&D configuration, including, if the same were to repair any damage caused by the removal of any Alterations, improvements, fixtures, conduits and/or appurtenances be installed in the Premises and ProjectPremises, and returns the affected portion following: any specialty or supplemental Tenant Systems or other equipment or facilities relating to the use of the Premises for purposes other than general office use, including any equipment or facilities serving a computer server room, “clean room” or laboratory space: internal stairwells; raised floors; meeting rooms (other than a customary number of conference rooms of customary size); classroom facilities; kitchens and Project cafeterias (as distinguished from customary kitchenette areas): and any areas requiring floor reinforcement or enhanced systems requirements (including library, file or computer rooms if they have any such requirements). In connection with Landlord’s approval of the Construction Drawings pursuant to a building standard tenant improved condition as determined by Landlordthe Tenant Work Letter, Landlord may do so and may charge shall identify if any of the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures, conduit, and/or appurtenances in, on or about the Premises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this LeaseImprovements shown thereon constitute Specialized Improvements.

Landlord’s Property. All AlterationsSubject to Section 12.2 below, improvements, all fixtures, ------------------- conduitmachinery, (excluding Tenant's Generatorequipment, generator enclosuresimprovements and appurtenances attached to, paralleling gearor built into, DC plant or UPS system and Tenant HVAC Equipment, Liebert units and chillers [collectively, "Tenant's Trade Fixtures"]) 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 Premises at the time commencement of, or during the Term, whether or not placed there by or at the expense of Tenant's initial occupancy , shall become and remain a part of the Premises, ; shall be at the sole cost of Tenant and shall be and become deemed the property of Landlord (the "Landlord's Property"), and shall be and remain part of the Premises without compensation or credit to Tenant; and shall not be removed by Tenant at unless Landlord requests their removal. Further, any personal property in the end Premises on the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall be and shall remain the property of Landlord and shall not be removed by Tenant. In no event shall Tenant remove any of the term of this Leasefollowing materials or equipment without Landlord's prior written consent: any power wiring or power panels, unless Landlord agreed to its removal at the time Landlord consented to such Alteration. Such lighting or lighting fixtures, alterationswall or window coverings, additions, repairs, improvements and/or appurtenances shall include, without limitation, the Base, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, carpets or other floor coverings, drapesheaters, paneling, molding, doors, kitchen and dishwashing fixtures, plumbing systems, electrical systems, lighting systems, silencing air conditioners or any other heating or air conditioning equipment, switching conduit fencing or security gates, or other similar building operating equipment 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 installationsdecorations. Notwithstanding the foregoing, Landlord may, by written notice to Tenant shall leave in place at the time Tenant requests Landlord's consent to any Alteration pursuant to Section ------- 8.1 or Section 22, or given following any earlier termination of this Lease, --- ---------- require Tenant, at Tenant's expense, to remove any Alterations, improvements, fixtures, conduits and/or appurtenances (not including the initial Tenant Improvements to be constructed Premises for use by Tenant pursuant to the Tenant Work Letter) following items that were in the Premises and Projectas of December 18, 1997 if and to repair the extent delivered to Landlord by Seller (defined below) upon the consummation of Landlord's acquisition of the Premises: existing furniture as depicted on Exhibit E attached hereto, building equipment, air compressors and related equipment, buss xxxting, external and internal UPS power systems, telecommunication panels, communication and phone lines, office furniture, corrugated bailxx, xxash compactor, refrigerators, power distribution and the awnings over the rear entrance and north wall of the building. Landlord shall in no event be obligated to deliver any damage of the items identified in Exhibit E regardless of whether such items were present on December 18, 1997. All of the foregoing items shall be deemed Landlord's Property for all relevant purposes and Landlord shall have no obligation to deliver, or liability to Tenant for the failure to deliver, any such items to the Premises and Building caused extent removed or damaged by such removal and return the affected portion of the Premises and Project to a building standard tenant improved condition as determined by Landlord. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations, improvements, fixtures, conduits and/or appurtenances in the Premises and Project, and returns the affected portion of the Premises and Project to a building standard tenant improved condition as determined by Landlord, Landlord may do so and 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 in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures, conduit, and/or appurtenances in, on or about the Premises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this LeaseSeller.

Landlord’s Property. All Alterations, improvements, fixtures, ------------------- conduit, (excluding Leasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant's Generator, generator enclosures, paralleling gear, DC plant or UPS system and Tenant HVAC Equipment, Liebert units and chillers [collectively, "Tenant's Trade Fixtures"]) 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, and 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, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures, 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 mayif any Tenant-Insured Improvements are Specialty Improvements (defined below), by written notice to Tenant at then before the time Tenant requests Landlord's consent to any Alteration pursuant to Section ------- 8.1 expiration or Section 22, or given following any earlier termination of this Leasehereof, --- ---------- require TenantTenant shall, at Landlord’s election, either (a) at Tenant's ’s expense, to and except as otherwise notified by Landlord, remove any Alterationssuch Tenant-Insured Improvements, improvements, fixtures, conduits and/or appurtenances (not including the initial Tenant Improvements to be constructed by Tenant pursuant to the Tenant Work Letter) in the Premises and Project, 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 its configuration and Project condition existing before the installation of such Tenant-Insured Improvements (or, at Landlord’s election, to a building Building-standard tenant tenant-improved configuration and condition as determined by Landlord), or (b) pay Landlord an amount equal to the estimated cost of such work, as reasonably determined by Landlord. If Tenant fails to complete such removal and/or to repair timely perform any damage caused by the removal of any Alterations, improvements, fixtures, conduits and/or appurtenances in the Premises and Project, and returns the affected portion work required under clause (a) of the Premises and Project to a building standard tenant improved condition as determined by Landlordpreceding sentence, Landlord may do so and may charge perform such work at Tenant’s expense. When Landlord approves any Tenant-Insured Improvements (or, in the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing case of any Alterations that do not require Landlord’s approval hereunder, if Tenant specifically requests that Landlord do so, then, within 10 business days after such Alterationsrequest), improvementsLandlord shall identify any such Tenant-Insured Improvements that will be required to be removed pursuant to this Section 8, fixturesand any such Tenant-Insured Improvements that are not so identified by Landlord shall not be required to be removed pursuant to this Section 8. As used herein, conduit“Specialty Improvements” means any Tenant-Insured Improvements that, and/or appurtenances inin Landlord’s reasonable judgment, on are not customary multi-tenant office installations, including equipment racks; classrooms; bathrooms (other than the base Building bathrooms); file rooms, libraries or about the Premises other rooms with reinforced flooring; workout/fitness rooms; shower rooms; locker rooms; kitchen facilities containing stoves, non-microwave ovens or ventilation equipment; server rooms with elevated flooring; safes; laboratories; vaults; and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseareas without drop ceilings.