Common use of Removal and Restoration Clause in Contracts

Removal and Restoration. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant’s Alterations. Tenant agrees that, upon the expiration or earlier termination of this Lease, Tenant (or, failing which, a contractor designated by Landlord) shall, at Tenant’s sole cost and expense, promptly remove: (a) all of Tenant’s Alterations designated for removal by Landlord and (b) all of Tenant’s Personal Property (and any other items of equipment and personal property not belonging to Landlord), and shall restore those portions of the Building, the Datacenter and/or the Premises damaged by such removal of (or by the initial installation of) such Tenant’s Alterations and Tenant’s Personal Property to their condition immediately prior to the installation or placement of such items, normal wear and tear excepted. If Tenant fails to promptly remove any such Tenant’s Alterations or Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) pursuant to this Section 13.2, Landlord shall have the right to remove such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord) and to restore those portions of the Building, the Datacenter, and/or the Premises damaged by such removal to their condition immediately prior to the installation or placement of such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord), in which case Tenant agrees to reimburse Landlord within thirty (30) days of Landlord’s written invoice therefor, for all of Landlord’s costs of removal and restoration plus an administrative fee equal to ten percent (10%) of such cost. In addition, if any Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) remains in the Premises after the expiration of or any earlier termination of Tenant’s right to possess the Premises, and Tenant fails to remove or recover from Landlord such property within ten (10) business days after written notice to Tenant, Tenant shall be deemed to have authorized Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that such property is the property of Tenant; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend and hold the Landlord Parties harmless from all Claims arising out of, in connection with, or in any manner related to any removal, exercise or dominion over and/or disposition of such property by Landlord.

Removal and Restoration. All If any Alterations shall become a part that require Xxxxxxxx’s consent are made without the prior written consent of Landlord, then, if Landlord does not consent thereto and either an emergency condition exists, or the Lease Term has expired, or Tenant fails to commence within ten (10) days and diligently prosecute to completion, removal and correction of such Alterations and restoration of the Premises and the Building to their condition immediately prior thereto within a reasonable period following Tenant’s receipt of notice from Landlord, Landlord shall have the right, at Tenant’s reasonable expense, to so remove and correct such Alterations and restore the Premises and the Building. All Alterations to the Building made by either party, and all Alterations to the Premises (including all trade fixtures) paid for by or on behalf of Landlord (including through a tenant improvement or construction allowance) shall immediately become the property of Landlord. All Alterations shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of the Lease Term; provided, however, that (a) Tenant shall remove, prior to the expiration or earlier termination of the Lease Term, all movable furniture, furnishings trade fixtures and equipment installed in the Premises solely at the expense of Tenant, and (b) Tenant shall remove at its expense all Alterations and other items (including any telecommunications, security, data, computer and similar equipment, cabling and wiring and all moveable furniture and trade fixtures) in the Premises or the Building which Landlord requests and designates in writing for removal, which removal obligation shall survive the expiration or sooner termination of the Lease. Landlord shall make such designation within seven (7) days after receipt of a written request by Xxxxxx given with Xxxxxx’s request for Landlord’s approval of such Alteration (or notice of such Alteration, for Alterations which do not require Landlord’s consent hereunder). Notwithstanding the foregoing, Tenant shall not be required to remove: (x) Alterations consisting of reasonably standard items that are typical or substantially similar to items installed by similar tenants in multi-tenanted, multi-story, first class office buildings (such as partitions, but not interior staircases, for example) (collectively, “Ordinary Office Improvements”); and (y) any other item of the Landlord’s Work or Alteration made by Landlord or Tenant in initially finishing and completing the Premises in accordance with Exhibit B, except as otherwise indicated by Landlord at the time of approval of any of Tenant’s plans. If any such removal causes damage or injury to the Premises or the Building, Tenant shall, in a good and workmanlike manner and in compliance with all applicable Laws, repair all such damage and injury to the Premises or the Building; provided, however, that if either an emergency condition exists, or the Lease Term has expired, or Tenant fails to commence within ten (10) days and repair the same within a reasonable period following Tenant’s receipt of notice from Landlord, Landlord shall have the right, at Tenant’s reasonable expense, to repair all damage and injury to the Premises or the Building caused by such removal as aforesaid. If such furniture, furnishings and equipment are not removed by Tenant prior to the expiration or earlier termination of the Lease Term, the same shall at Landlord’s option after giving Tenant seven (7) days’ prior notice be deemed abandoned or become the property of Landlord upon to be surrendered with the Premises as a part thereof; provided, however, that Landlord shall have the right at Tenant’s reasonable expense to remove from the Premises any or all such items or any other item or to require Tenant to do the same, except as otherwise provided in this Section. If Tenant fails to return the Premises to Landlord as required by this Section, then Tenant shall pay to Landlord all reasonable costs (including a reasonable construction management fee) actually incurred by Landlord in effectuating such return. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant’s Alterations. Tenant agrees that, upon the expiration or earlier termination of this Lease, Tenant (or, failing which, a contractor designated by Landlord) shall, at Tenant’s sole cost and expense, promptly remove: (a) all of Tenant’s Alterations designated for removal by Landlord and (b) all of Tenant’s Personal Property (and any other items of equipment and personal property not belonging to Landlord), and shall restore those portions of the Building, the Datacenter and/or the Premises damaged by such removal of (or by the initial installation of) such Tenant’s Alterations and Tenant’s Personal Property to their condition immediately prior to the installation or placement of such items, normal wear and tear excepted. If Tenant fails to promptly remove any such Tenant’s Alterations or Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) pursuant to this Section 13.2, Landlord shall have the right to remove such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord) and to restore those portions of the Building, the Datacenter, and/or the Premises damaged by such removal to their condition immediately prior to the installation or placement of such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord), in which case Tenant agrees to reimburse Landlord within thirty (30) days of Landlord’s written invoice therefor, for all of Landlord’s costs of removal and restoration plus an administrative fee equal to ten percent (10%) of such cost. In addition, if any Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) remains in the Premises after the expiration of or any earlier termination of Tenant’s right to possess the Premises, and Tenant fails to remove or recover from Landlord such property within ten (10) business days after written notice to Tenant, Tenant shall be deemed to have authorized Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that such property is the property of Tenant; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend and hold the Landlord Parties harmless from all Claims arising out of, in connection with, or in any manner related to any removal, exercise or dominion over and/or disposition of such property by Landlord.

Removal and Restoration. All Alterations Upon the termination, revocation or expiration of this Agreement, and unless Franchisee Transfers its Telecommunications System, Facilities, Franchisee Poles and related equipment to another carrier or communications provider or the City in a manner consistent with this Agreement, Franchisee shall become a part remove its Telecommunications System, Facilities, Franchisee Poles and related equipment from the Rights-of-Way within one hundred twenty (120) days of the Premises date of the termination, revocation or expiration of this Agreement; provided, however, any such Facility, pole or equipment that is not exclusive to Franchisee and is being utilized by other carriers may remain with permission of the City. Franchisee shall restore any property, whether public or private, to as good a condition as it was just before the removal. Restoration of public property, including the Rights-of-Way, shall be at the expense of Franchisee in accordance with the directions and specifications of the Authorized City Official and Applicable Law. If such removal and restoration is not completed within one hundred twenty (120) days of the termination or expiration of this Agreement, all of Franchisee’s Telecommunications System, Facilities, Franchisee Poles and related equipment remaining in the Right-of-Way shall be deemed Abandoned, and shall become become, at the option of the City, the property of Landlord upon the expiration City. In the alternative to taking possession of the Telecommunications System, Facilities, Franchisee Poles and related equipment and systems, the City may remove them, or earlier termination of this Lease, unless Landlord shall, by written notice given cause them to Tenant, require Tenant to remove some or all of Tenant’s Alterations. Tenant agrees that, upon the expiration or earlier termination of this Lease, Tenant (or, failing which, a contractor designated by Landlord) shallbe removed, at Tenant’s the sole cost and expense, promptly remove: (a) all expense of Tenant’s Alterations designated for removal by Landlord and (b) all of Tenant’s Personal Property (and any other items of equipment and personal property not belonging to Landlord), and shall restore those portions of the Building, the Datacenter and/or the Premises damaged by Franchisee. Any such removal of (cost or expense may be recovered by the initial installation of) such Tenant’s Alterations and Tenant’s Personal Property to their condition immediately prior City as against any Performance Bond maintained by Franchisee pursuant to the installation or placement terms of such itemsthis Agreement, normal wear as provided in Sections 21.4.2 and tear excepted. If Tenant fails to promptly remove any such Tenant’s Alterations or Tenant’s Personal Property 18 (and/or any other equipment or property not belonging to Landlord) pursuant to this Section 13.2, Landlord shall have the right to remove such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to LandlordPerformance Bond) and against Franchisee directly by submitting to restore those portions of the Building, the Datacenter, and/or the Premises damaged Franchisee an invoice for all such cost and expense. Such invoice shall be paid by such removal to their condition immediately prior to the installation or placement of such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord), in which case Tenant agrees to reimburse Landlord Franchisee within thirty (30) days of Landlord’s written invoice therefor, for all of Landlord’s costs of removal and restoration plus an administrative fee equal to ten percent (10%) of such costreceipt. In additionaddition to declaring the grantee in default under the Performance Bond, if any Tenant’s Personal Property (and/or the City may pursue any other equipment remedy available to it under this Agreement or property not belonging to LandlordApplicable Law. Notwithstanding the foregoing, where the wires, lines, Conduits, Conduit System Ducts and other Facilities are underground (at least two (2) remains in feet below the Premises after surface of the expiration of or any earlier termination of Tenant’s right to possess the PremisesRight-of-Way), and Tenant fails to remove or recover from Landlord such property within ten (10) business days after written notice to Tenant, Tenant Franchisee shall be deemed allowed to have authorized Landlord to make abandon such disposition items in place upon the written consent of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that such property is the property of Tenant; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend and hold the Landlord Parties harmless from all Claims arising out of, in connection with, or in any manner related to any removal, exercise or dominion over and/or disposition of such property by LandlordCity.

Removal and Restoration. All Alterations shall become a part (a) Upon the Expiration of the Term (or upon any earlier termination of this Lease), Tenant, without any payment or allowance whatsoever by Owner, shall surrender the Premises to Owner, in accordance with this Lease, in compliance with all Requirements (other than Owner Requirements), in good order, condition and repair, reasonable wear and tear and damage by fire or other casualty excepted, and broom clean, free and clear of (i) all Subleases, (ii) liens and encumbrances caused by Tenant or any Tenant Party and (iii) Tenant’s Property. Tenant shall also, unless Owner otherwise notifies Tenant 90 days prior to the Fixed Expiration Date or within a reasonable time following the earlier expiration of this Lease that any such removal or restoration shall not be performed, remove and restore all Tenant’s Work (unless such Tenant’s Work is normal office installations) and all Designated Restricted Work and repair all damage resulting from the installation or removal of Tenant’s Property or such Tenant’s Work or Designated Restricted Work. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Premises on the Expiration of the Term. Tenant agrees to reasonably cooperate with Owner and its representatives, at Owner’s expense, to effectuate a smooth transition of the operation and maintenance of the Premises. Such cooperation shall include, without limitation, transfers of all keys, existing maintenance contracts and warranties, and expected operation and maintenance requirements. Any charges under any maintenance contracts which Owner elects to assume shall be apportioned between Owner and Tenant as of the Fixed Expiration Date or earlier termination date. All Tenant’s Work (which is required to be removed by Tenant), Designated Restricted Work and Tenant’s Property not removed by Tenant by the last day of the Term shall be deemed abandoned in place by Tenant and shall become the property of Landlord upon Owner. Tenant shall pay or reimburse Owner for any reasonable actual out-of-pocket costs incurred by Owner (1) in connection with the removal or disposal of such relinquished property (less the actual salvage value thereof paid to Owner), or (2) in connection with repairs which were Tenant’s obligation, which obligations shall survive the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant’s Alterations. Tenant agrees that, upon the expiration or earlier termination of this Lease, Tenant (or, failing which, a contractor designated by Landlord) shall, at Tenant’s sole cost and expense, promptly remove: (a) all of Tenant’s Alterations designated for removal by Landlord and (b) all of Tenant’s Personal Property (and any other items of equipment and personal property not belonging to Landlord), and shall restore those portions of the Building, the Datacenter and/or the Premises damaged by such removal of (or by the initial installation of) such Tenant’s Alterations and Tenant’s Personal Property to their condition immediately prior to the installation or placement of such items, normal wear and tear excepted. If Tenant fails to promptly remove any such Tenant’s Alterations or Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) pursuant to Any dispute under this Section 13.2, Landlord shall have the right to remove such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord) and to restore those portions of the Building, the Datacenter, and/or the Premises damaged by such removal to their condition immediately prior to the installation or placement of such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord), in which case Tenant agrees to reimburse Landlord within thirty (30) days of Landlord’s written invoice therefor, for all of Landlord’s costs of removal and restoration plus an administrative fee equal to ten percent (10%) of such cost. In addition, if any Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) remains in the Premises after the expiration of or any earlier termination of Tenant’s right to possess the Premises, and Tenant fails to remove or recover from Landlord such property within ten (10) business days after written notice to Tenant, Tenant shall be deemed to have authorized Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that such property is the property of Tenant; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend and hold the Landlord Parties harmless from all Claims arising out of, in connection with, or in any manner related to any removal, exercise or dominion over and/or disposition of such property resolved by LandlordGeneral Arbitration.

Removal and Restoration. All Alterations ‌ Upon the termination, revocation or expiration of this Agreement, and unless Franchisee Transfers its Telecommunications System, Facilities, Franchisee Poles and related equipment to another carrier or communications provider or the City in a manner consistent with this Agreement, Franchisee shall become a part remove its Telecommunications System, Facilities, Franchisee Poles and related equipment from the Rights-of-Way within one hundred twenty (120) days of the Premises date of the termination, revocation or expiration of this Agreement; provided, however, any such Facility, pole or equipment that is not exclusive to Franchisee and is being utilized by other carriers may remain with permission of the City. Franchisee shall restore any property, whether public or private, to as good a condition as it was just before the removal. Restoration of public property, including the Rights-of-Way, shall be at the expense of Franchisee in accordance with the directions and specifications of the Authorized City Official and Applicable Law. If such removal and restoration is not completed within one hundred twenty (120) days of the termination or expiration of this Agreement, all of Franchisee’s Telecommunications System, Facilities, Franchisee Poles and related equipment remaining in the Right-of-Way shall be deemed Abandoned, and shall become become, at the option of the City, the property of Landlord upon the expiration City. In the alternative to taking possession of the Telecommunications System, Facilities, Franchisee Poles and related equipment and systems, the City may remove them, or earlier termination of this Lease, unless Landlord shall, by written notice given cause them to Tenant, require Tenant to remove some or all of Tenant’s Alterations. Tenant agrees that, upon the expiration or earlier termination of this Lease, Tenant (or, failing which, a contractor designated by Landlord) shallbe removed, at Tenant’s the sole cost and expense, promptly remove: (a) all expense of Tenant’s Alterations designated for removal by Landlord and (b) all of Tenant’s Personal Property (and any other items of equipment and personal property not belonging to Landlord), and shall restore those portions of the Building, the Datacenter and/or the Premises damaged by Franchisee. Any such removal of (cost or expense may be recovered by the initial installation of) such Tenant’s Alterations and Tenant’s Personal Property to their condition immediately prior City as against any Performance Bond maintained by Franchisee pursuant to the installation or placement terms of such itemsthis Agreement, normal wear as provided in Sections 21.4.2 and tear excepted. If Tenant fails to promptly remove any such Tenant’s Alterations or Tenant’s Personal Property 18 (and/or any other equipment or property not belonging to Landlord) pursuant to this Section 13.2, Landlord shall have the right to remove such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to LandlordPerformance Bond) and against Franchisee directly by submitting to restore those portions of the Building, the Datacenter, and/or the Premises damaged Franchisee an invoice for all such cost and expense. Such invoice shall be paid by such removal to their condition immediately prior to the installation or placement of such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord), in which case Tenant agrees to reimburse Landlord Franchisee within thirty (30) days of Landlord’s written invoice therefor, for all of Landlord’s costs of removal and restoration plus an administrative fee equal to ten percent (10%) of such costreceipt. In additionaddition to declaring the grantee in default under the Performance Bond, if any Tenant’s Personal Property (and/or the City may pursue any other equipment remedy available to it under this Agreement or property not belonging to LandlordApplicable Law. Notwithstanding the foregoing, where the wires, lines, Conduits, Conduit System Ducts and other Facilities are underground (at least two (2) remains in feet below the Premises after surface of the expiration of or any earlier termination of Tenant’s right to possess the PremisesRight-of-Way), and Tenant fails to remove or recover from Landlord such property within ten (10) business days after written notice to Tenant, Tenant Franchisee shall be deemed allowed to have authorized Landlord to make abandon such disposition items in place upon the written consent of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that such property is the property of Tenant; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend and hold the Landlord Parties harmless from all Claims arising out of, in connection with, or in any manner related to any removal, exercise or dominion over and/or disposition of such property by LandlordCity.

Removal and Restoration. All If any Alterations shall become a part that require Landlord’s consent and that are not standard office improvements maintained in the condition required hereunder are made without the prior written consent of Landlord, then, if either an emergency condition exists, or the Lease Term has expired, or Tenant fails to commence and diligently prosecute to completion, removal and correction of such Alterations and restoration of the Premises and the Building to their condition immediately prior thereto within a reasonable period (not to exceed thirty (30) days) following Tenant’s receipt of notice from Landlord, Landlord shall have the right, at Tenant’s expense, to so remove and correct such Alterations and restore the Premises and the Building. All Alterations to the Building outside the Premises made by either party (excluding Tenant’s signage), and all Alterations to the Premises paid for by or on behalf of Landlord (including through a tenant improvement or construction allowance) shall immediately become the property of Landlord. All Alterations shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of the Lease Term; provided, however, that (a) Tenant shall have the right to remove, prior to the expiration or earlier termination of the Lease Term, all movable furniture, furnishings, trade fixtures that can be removed without damage to or leaving gaps in the remaining improvements or causing any equipment installed in the Premises by or on behalf of Tenant to become non-functional, at no cost to Landlord, and (b) upon the expiration or earlier termination of the Lease Term, Tenant shall remove at its expense (i) all movable furniture, furnishings, trade fixtures and equipment installed in the Premises by or on behalf of Tenant at no cost to Landlord, and (ii) all telecommunications, security, data, computer and similar equipment, cabling and wiring (“cabling”), unless Landlord directs Tenant to leave the cabling in place, and (iii) all Alterations in the Premises or the Building which Landlord designates in writing for removal (such designation to have been made, if at all, at the time Landlord first approved such Alterations). This removal obligation shall survive the expiration or sooner termination of the Lease. Landlord shall designate which Alterations may be subject to removal simultaneously with Landlord’s approval of such Alterations; provided, however, that any Alterations made without Landlord approval are subject to removal and restoration. Notwithstanding the foregoing, Tenant shall not be required to remove Alterations consisting of standard buildout items that are typically installed by similar tenants in multi-tenanted, multi-story, first-class office buildings (such as partitions) provided that such Alterations have been maintained in accordance with the terms of this Lease. Landlord may designate any non-standard Alterations, including commercial kitchens and internal staircases, for removal and restoration. All cabling must be removed and all improvements that are not properly maintained throughout the Term must be removed. If such removal causes damage or injury to the Premises or the Building, then Tenant shall repair such damage or injury and, if the Lease Term has expired, Landlord shall have the right, at Tenant’s expense, to repair all damage and injury to the Premises or the Building caused by such removal as aforesaid. If such furniture, furnishings and equipment are not removed by Tenant prior to the expiration or earlier termination of the Lease Term, the same shall at Landlord’s option be deemed abandoned or become the property of Landlord upon to be surrendered with the Premises as a part thereof; provided, however, that Landlord shall have the right at Tenant’s expense to remove from the Premises any or all such items or any other item or to require Tenant to do the same, except as otherwise provided in this Section. If Tenant fails to return the Premises to Landlord as required by this Section, then Tenant shall pay to Landlord all costs reasonably incurred by Landlord in effectuating such return. At Landlord’s option, Landlord may consider Tenant to have remained in possession of the Premises until such work is completed and during such period the terms of Article XXII shall apply. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant’s Alterations. Tenant agrees that, upon the expiration or earlier termination of this Lease, Tenant (or, failing which, a contractor designated by Landlord) shall, at Tenant’s sole cost and expense, promptly remove: (a) all of Tenant’s Alterations designated for removal by Landlord and (b) all of Tenant’s Personal Property (and any other items of equipment and personal property not belonging to Landlord), and shall restore those portions of the Building, the Datacenter and/or the Premises damaged by such removal of (or by the initial installation of) such Tenant’s Alterations and Tenant’s Personal Property to their condition immediately prior to the installation or placement of such items, normal wear and tear excepted. If Tenant fails to promptly remove any such Tenant’s Alterations or Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) pursuant to this Section 13.2, Landlord shall have the right to remove such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord) and to restore those portions of the Building, the Datacenter, and/or the Premises damaged by such removal to their condition immediately prior to the installation or placement of such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord), in which case Tenant agrees to reimburse Landlord within thirty (30) days of Landlord’s written invoice therefor, for all of Landlord’s costs of removal and restoration plus an administrative fee equal to ten percent (10%) of such cost. In addition, if any Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) remains in the Premises after the expiration of or any earlier termination of Tenant’s right to possess the Premises, and Tenant fails to remove or recover from Landlord such property within ten (10) business days after written notice to Tenant, Tenant shall be deemed to have authorized Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that such property is the property of Tenant; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend and hold the Landlord Parties harmless from all Claims arising out of, in connection with, or in any manner related to any removal, exercise or dominion over and/or disposition of such property by Landlord.

Removal and Restoration. All Alterations Tenant shall become a part remove such equipment, furnishings and machinery installed by it at Tenant’s cost, as well as all improvements (other than the Tenant Improvements) for which Landlord requires (which requirement shall be made at the time that Landlord approves the plans for the applicable improvement(s)) removal at the time of its consent thereto. If no consent of Landlord was required, then Landlord may (i) require removal prior to the expiration or sooner termination of this Lease if the improvement would materially increase Landlord’s costs of demolition or is not Building standard as described in Exhibit L, attached hereto, or (ii) require restoration of the Premises and shall become affected area to the property condition that existed upon completion of Landlord the initial improvements. However, prior to constructing any such improvement, Tenant may request in writing a determination of whether such improvement will be required to be removed or affected area restored upon the expiration or sooner termination of this Lease, and Landlord will inform Tenant within five (5) business days following receipt of such request from Tenant as to whether removal is required. If Landlord fails to respond to any such request within said five (5) business day period and such failure thereafter continues for three (3) business days after Landlord’s receipt of a second written notice thereof (such subsequent notice shall note on the first page thereof, in bold and capitalized letters, that the failure of Landlord to provide written notice to Tenant of whether removal or restoration would be required will constitute a deemed written decision by Landlord that removal and restoration to the particular item is not required. All initial Tenant improvements to the Premises shall remain and be surrendered with the Premises unless Tenant elects to remove, and removes, any such improvements from the Premises no later than the date of the expiration or any earlier termination of this Lease, unless Landlord shall, . Tenant shall repair any damage to the Premises caused by written notice given to Tenant, require Tenant to remove some the installation or all removal of Tenant’s Alterationstrade fixtures, furnishings and equipment. Without limitation to the generality of the foregoing, at all times during the term of this Lease, Tenant agrees thatshall ensure that all wiring and cabling that it installs within the Premises or Building complies with all applicable provisions of local fire and safety codes, as well as with applicable provisions of the National Electric Code. Further, upon the expiration or earlier sooner termination of this Lease, Tenant (or, failing which, a contractor designated by Landlord) shall, at Tenant’s sole cost and expense, promptly remove: (a) all of Tenant’s Alterations designated for removal by Landlord and (b) all of Tenant’s Personal Property (and any other items of equipment and personal property not belonging to Landlord), and shall restore those portions of the Building, the Datacenter and/or the Premises damaged by such removal of (or by the initial installation of) such Tenant’s Alterations and Tenant’s Personal Property to their condition immediately prior to the installation or placement of such items, normal wear and tear excepted. If Tenant fails to promptly remove any such Tenant’s Alterations or Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) pursuant to this Section 13.2, Landlord shall have the right to remove such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord) and to restore those portions of the Building, the Datacenter, and/or the Premises damaged by such removal to their condition immediately prior to the installation or placement of such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord), in which case Tenant agrees to reimburse Landlord within thirty (30) days of Landlord’s written invoice therefor, for all of Landlord’s costs of removal and restoration plus an administrative fee equal to ten percent (10%) of such cost. In addition, if any Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) remains in the Premises after the expiration of or any earlier termination of Tenant’s right to possess the Premises, and Tenant fails to remove or recover from Landlord such property within ten (10) business days after written notice to TenantLease Term, Tenant shall be deemed remove all low voltage (i.e., telephone and data) cabling (but not electrical wiring) installed by or at the request of Tenant within the Premises and the Building (including the plenums, risers and rooftop) placed there by or at the direction of Tenant to have authorized the extent required by any laws, including, without limitation, local fire safety regulations or the National Electric Code. Without limitation to the remedies available to Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that Tenant fails to comply with the terms and conditions of this subsection, Landlord may remove and dispose of such property is the property of Tenant; wiring and in the event that such property is the property of someone other than Tenant, cabling and Tenant shall indemnify, defend pay to Landlord the reasonable cost necessary for the removal and hold the Landlord Parties harmless from all Claims arising out of, in connection with, or in disposal of any manner related to any removal, exercise or dominion over and/or disposition of such property by Landlordwires and cabling.

Removal and Restoration. All Alterations Upon the termination, revocation or expiration of this Agreement, and unless Franchisee Transfers its Telecommunications System, Facilities, Franchisee Poles and related equipment to another carrier or communications provider in a manner consistent with this Agreement, Franchisee shall become a part remove its Telecommunications System, Facilities, Franchisee Poles and related equipment from the Rights-of-Way within one hundred twenty (120) days of the Premises date of the termination, revocation or expiration of this Agreement; provided, however, any such Facility, pole or equipment that is not exclusive to Franchisee and is being utilized by other carriers may remain with permission of the City. Franchisee shall restore any property, whether public or private, to as good a condition as it was just before the removal. Restoration of public property, including the Rights-of-Way, shall be at the expense of Franchisee in accordance with the directions and specifications of the Authorized City Official and Applicable Law. If such removal and restoration is not completed within one hundred twenty (120) days of the termination or expiration of this Agreement, all of Franchisee’s Telecommunications System, Facilities, Franchisee Poles and related equipment remaining in the Right-of-Way shall be deemed Abandoned, and shall become become, at the option of the City, the property of Landlord upon the expiration City. In the alternative to taking possession of the Telecommunications System, Facilities, Franchisee Poles and related equipment and systems, the City may remove them, or earlier termination of this Lease, unless Landlord shall, by written notice given cause them to Tenant, require Tenant to remove some or all of Tenant’s Alterations. Tenant agrees that, upon the expiration or earlier termination of this Lease, Tenant (or, failing which, a contractor designated by Landlord) shallbe removed, at Tenant’s the sole cost and expense, promptly remove: (a) all expense of Tenant’s Alterations designated for removal by Landlord and (b) all of Tenant’s Personal Property (and any other items of equipment and personal property not belonging to Landlord), and shall restore those portions of the Building, the Datacenter and/or the Premises damaged by Franchisee. Any such removal of (cost or expense may be recovered by the initial installation of) such Tenant’s Alterations and Tenant’s Personal Property to their condition immediately prior City as against any Performance Bond maintained by Franchisee pursuant to the installation or placement terms of such itemsthis Agreement, normal wear as provided in Sections 21.4.2 and tear excepted. If Tenant fails to promptly remove any such Tenant’s Alterations or Tenant’s Personal Property 18 (and/or any other equipment or property not belonging to Landlord) pursuant to this Section 13.2, Landlord shall have the right to remove such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to LandlordPerformance Bond) and against Franchisee directly by submitting to restore those portions of the Building, the Datacenter, and/or the Premises damaged Franchisee an invoice for all such cost and expense. Such invoice shall be paid by such removal to their condition immediately prior to the installation or placement of such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord), in which case Tenant agrees to reimburse Landlord Franchisee within thirty (30) days of Landlord’s written invoice therefor, for all of Landlord’s costs of removal and restoration plus an administrative fee equal to ten percent (10%) of such costreceipt. In additionaddition to declaring the grantee in default under the Performance Bond, if any Tenant’s Personal Property (and/or the City may pursue any other equipment remedy available to it under this Agreement or property not belonging to Landlord) remains in the Premises after the expiration of or any earlier termination of Tenant’s right to possess the Premises, and Tenant fails to remove or recover from Landlord such property within ten (10) business days after written notice to Tenant, Tenant shall be deemed to have authorized Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that such property is the property of Tenant; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend and hold the Landlord Parties harmless from all Claims arising out of, in connection with, or in any manner related to any removal, exercise or dominion over and/or disposition of such property by LandlordApplicable Law.

Removal and Restoration. All Leasehold Improvements and Alterations to the Demised Premises or the Building made by either party shall become a part of the Premises and shall immediately become the property of Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof at the expiration or earlier termination of this Leasethe Lease Term; provided, unless Landlord shallhowever, by written notice given that (a) Tenant shall have the right to Tenantremove, require Tenant prior to remove some or all of Tenant’s Alterations. Tenant agrees that, upon the expiration or earlier termination of this Leasethe Lease Term, Tenant all movable furniture, furnishings and trade fixtures (or, failing which, a contractor designated by Landlordincluding demountable partitions) shall, installed in the Demised Premises solely at Tenant’s sole cost and expense, promptly remove: (a) all the expense of Tenant’s Alterations designated for removal by Landlord and , (b) all at the expiration or earlier termination of the Lease Term, Tenant shall not be required to remove wiring and cabling (including without limitation, data transmission and telecommunications wiring and cabling) installed in the Demised Premises or in risers outside the Demised Premises by or on behalf of Tenant, (c) if raised floors do not constitute more than 3,000 square feet of rentable area Tenant shall not be required to remove raised floors, and (d) Tenant shall be required to remove all other Alterations and other items in the Demised Premises or the Building if and only if Landlord designates in writing for removal in accordance with the following sentence. If any Alteration is one that required Landlord’s Personal Property consent, then Landlord shall specify in writing at the time Landlord provides consent whether or not Landlord requires the removal any such Alteration. Notwithstanding anything to the contrary in this Section 7.3, Landlord agrees not to require the removal of any demountable partitions or other ordinary office improvements made as part of the Tenant Work (Exhibit E) which are normal and customary for general business use in Comparable Buildings; provided that such “ordinary improvements” shall not include (and any other Landlord shall have the right to require the removal of) extraordinary items which, in Landlord’s sole but reasonable discretion, would limit the future marketability of equipment the Demised Premises and personal property would cost an unreasonable amount for Landlord to remove (i.e., more than normal and customary demolition costs) such as, but not belonging to Landlordlimited to, fountains, executive bathrooms, brick walls, Tenant specific signage, raised floors in computer rooms (if more than 3,000 square feet of Rentable Area), Tenant’s exclusive equipment, unusual wall coverings, showers, vaults, SCIF rooms and cafeterias (but not a kitchenette and/or associated lunch or break room area). Movable furniture, furnishings and trade fixtures shall restore those portions of be deemed to exclude without limitation any item the Building, the Datacenter and/or the Premises damaged by such removal of (which might cause damage to the Demised Premises or by the initial installation of) such Tenant’s Alterations and Tenant’s Personal Property to their condition immediately Building or which would normally be removed from the Demised Premises with the assistance of any tool or machinery other than a dolly. If Tenant has not done so prior to the installation or placement of such items, normal wear and tear excepted. If Tenant fails to promptly remove any such Tenant’s Alterations or Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) pursuant to this Section 13.2Expiration Date, Landlord shall have the right to remove such at Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment expense to repair all damage and injury to the Demised Premises or property not belonging to Landlord) and to restore those portions of the Building, the Datacenter, and/or the Premises damaged Building caused by such removal or to their condition immediately require Tenant to do the same. If such furniture, furnishings and equipment are not removed by Tenant prior to the installation expiration or placement of such Tenant’s Alterations and/or Tenant’s Personal Property (and/or other equipment or property not belonging to Landlord), in which case Tenant agrees to reimburse Landlord within thirty (30) days of Landlord’s written invoice therefor, for all of Landlord’s costs of removal and restoration plus an administrative fee equal to ten percent (10%) of such cost. In addition, if any Tenant’s Personal Property (and/or any other equipment or property not belonging to Landlord) remains in the Premises after the expiration of or any earlier termination of the Lease Term, the same shall at Landlord’s option become the property of Landlord and shall be surrendered with the Demised Premises as a part thereof; provided, however, that Landlord shall have the right at Tenant’s right expense to possess remove from the PremisesDemised Premises such furniture, furnishings and equipment and any Alteration which Landlord designates in writing for removal as permitted hereby or to require Tenant to do the same. If Tenant fails to remove or recover from return the Demised Premises to Landlord such property within ten (10) business days after written notice to Tenantas required by this Section, then Tenant shall be deemed pay to have authorized Landlord, as Additional Rent, all out-of-pocket costs (including a construction management fee) incurred by Landlord to make in effecting such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that such property is the property of Tenant; and in the event that such property is the property of someone other than Tenant, Tenant shall indemnify, defend and hold the Landlord Parties harmless from all Claims arising out of, in connection with, or in any manner related to any removal, exercise or dominion over and/or disposition of such property by Landlordreturn.