Common use of Removal Obligations Clause in Contracts

Removal Obligations. In the event that, in the course of developing the Construction Documents, Tenant changes the configuration of the Premises from that shown in the approved Final Space Plan, Landlord may, by written notice to Tenant given concurrently with giving Landlord’s consent to the Construction Documents, require Tenant, at Tenant’s expense, to remove at the end of the Term any portion of the Tenant Improvements introduced in the reconfigured plan which in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements such as laboratory improvements, any exercise [SAN XXXXXX CORPORATE CENTER] EXHIBIT B [BIOMARIN PHARMACEUTICAL INC.] facility, and any cafeteria (collectively referred to as “TI Required Removables”), and to repair any damage to the Premises 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 such TI Required Removables, then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue in accordance with the terms of Article 16 of the Lease, until such work shall be completed, or (B) 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, and removal or financing of any such Tenant Improvements in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Removal Obligations. In Notwithstanding anything to the event thatcontrary contained in this Lease, in Landlord reserves the course of developing the Construction Documents, right to require that Tenant changes the configuration of remove any or all Cables within or serving the Premises from that shown in the approved Final Space Planupon expiration or earlier termination of this Lease. Any Cables not required by Landlord to be removed pursuant to this Section 26(d) shall, Landlord may, by written notice to Tenant given concurrently with giving at Landlord’s consent to option, become the Construction Documents, require Tenant, at Tenant’s expense, to remove at the end property of the Term any portion of the Tenant Improvements introduced in the reconfigured plan which in Landlord (without payment by Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements such as laboratory improvements, any exercise [SAN XXXXXX CORPORATE CENTER] EXHIBIT B [BIOMARIN PHARMACEUTICAL INC.] facility, and any cafeteria (collectively referred to as “TI Required Removables”), and to repair any damage to the Premises and Building caused by such removal. If Tenant fails to complete remove any such removal and/or Cables as required by Landlord, or violates any other provision of this Section 26, Landlord may, after twenty (20)-days’ notice to repair Tenant, remove such Cables or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease, at Law or in equity), which amount plus five percent (5%) thereof shall be paid by Tenant within thirty (30) days after Tenant’s receipt of an invoice therefor, together with reasonable supporting evidence. Tenant shall not, without the prior consent of Landlord in each instance (which may be withheld in Landlord’s sole discretion), grant to any third party a security interest in, or lien on, any Cables, and any such security interest or lien granted without Landlord’s consent shall be null and void. Notwithstanding anything to the contrary contained in this Lease, and without limiting the provisions of Section 26(a) above, except to the extent arising from the intentional or grossly negligent acts (or failures to act) of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Cable will be free from the following (collectively, “Cable Problems”): (1) any eavesdropping or wiretapping by unauthorized parties, (2) any failure of any Cable to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Cables or by any such TI Required Removablesfailure of the environmental conditions or the power supply for the Building to conform to any requirements for the Cables or any associated equipment, then at Landlordor any other problems associated with any Cable by any other cause. Under no circumstances shall any Cable Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent or otherwise, or relieve Tenant from performance of Tenant’s option, either (A) Tenant other obligations under this Lease. Landlord in no event shall be deemed to be holding over in the Premises and Rent shall continue to accrue in accordance with the terms liable for damages by reason of Article 16 loss of the Leaseprofits, until such work shall be completed, business interruption or (B) Landlord may do so and may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless other consequential damage arising from any liability, cost, obligation, expense or claim Cable Problems. The provisions of lien in any manner relating to the installation, placement, and removal or financing of any such Tenant Improvements in, on or about the Premises, which obligations of Tenant this Section 26 shall survive the expiration or earlier termination of this Lease. [Signature Page to the Lease Agreement between Talon Properties Services, LLC, a Washington limited liability company, as General Receiver for W2007 Seattle Office 110 Atrium Place Realty, LLC, a Delaware limited liability company, King County Case No. 12-2-21253-8-SEA, as Landlord, and Augme Technologies, Inc., a Washington corporation, as Tenant] This Lease is executed on the respective dates set forth below, but for reference purposes, this Lease shall be dated as of the date first above written. If the execution date is left blank, this Lease shall be deemed executed as of the date first written above. LANDLORD: TALON PORTFOLIO SERVICES, LLC, a Washington limited liability company, as General Receiver for W2007 Seattle Office 110 Atrium Place Realty, LLC, a Delaware limited liability company, King County Case No. 12-2-21253-8-SEA By: _______________________________ Name: _______________________________ Title: _______________________________ Execution Date: ___________, 20__ TENANT: AUGME TECHNOLOGIES, INC., a Washington corporation By: _______________________________ Name: _______________________________ Title: _______________________________ Execution Date: _______________________ By: _______________________________ Name: _______________________________ Title: _______________________________ Execution Date: ___________, 20__ LANDLORD ACKNOWLEDGMENT STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this _______________, 20__, before me personally appeared _________________, to me known to be the Managing Principal of Talon Portfolio Services, LLC, a Washington limited liability company, as General Receiver for W2007 Seattle Office 110 Atrium Place Realty, LLC, a Delaware limited liability company, King County Case No. 12-2-21253-8-SEA, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and seal hereto affixed the day and year first above written. __________________________________________ __________________________________________ Type or print name Notary Public in and for the State of ____________ Residing at _______________________________ My commission expires: ____________________ CORPORATION ACKNOWLEDGMENT STATE OF ______________ } } ss. COUNTY OF } On this _____ day of ________________, 20__, before me, a Notary Public in and for the State of Washington, personally appeared _________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument; on oath stated that said individual was authorized to execute the instrument, and acknowledged it as the _________________ of Augme Technologies, Inc., a Washington corporation, to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument.

Removal Obligations. In Notwithstanding anything to the event thatcontrary contained in this Lease, in Landlord reserves the course of developing the Construction Documents, right to require that Tenant changes the configuration of remove any or all Cables within or serving the Premises from that shown in the approved Final Space Planupon expiration or earlier termination of this Lease. Any Cables not required by Landlord to be removed pursuant to this Section 26(d) shall, Landlord may, by written notice to Tenant given concurrently with giving at Landlord’s consent to option, become the Construction Documents, require Tenant, at Tenant’s expense, to remove at the end property of the Term any portion of the Tenant Improvements introduced in the reconfigured plan which in Landlord (without payment by Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements such as laboratory improvements, any exercise [SAN XXXXXX CORPORATE CENTER] EXHIBIT B [BIOMARIN PHARMACEUTICAL INC.] facility, and any cafeteria (collectively referred to as “TI Required Removables”), and to repair any damage to the Premises and Building caused by such removal. If Tenant fails to complete remove any such removal and/or Cables as required by Landlord, or violates any other provision of this Section 26, Landlord may, after twenty (20)-days’ notice to repair Tenant, remove such Cables or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease, at Law or in equity), which amount plus three percent (3%) thereof shall be paid by Tenant within thirty (30) days after Tenant’s receipt of an invoice therefor, together with commercially reasonable supporting evidence. Tenant shall not, without the prior consent of Landlord in each instance (which may be withheld in Landlord’s sole discretion), grant to any third party a security interest in, or lien on, any Cables, and any such security interest or lien granted without Landlord’s consent shall be null and void. Notwithstanding anything to the contrary contained in this Lease, and without limiting the provisions of Section 26(a) above, except to the extent arising from the intentional or grossly negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Cable will be free from the following (collectively, “Cable Problems”): (1) any eavesdropping or wire tapping by unauthorized parties, (2) any failure of any Cable to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Cables or by any such TI Required Removablesfailure of the environmental conditions or the power supply for the Building to conform to any requirements for the Cables or any associated equipment, then at Landlordor any other problems associated with any Cable by any other cause. Under no circumstances shall any Cable Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent or otherwise, or relieve Tenant from performance of Tenant’s option, either (A) Tenant other obligations under this Lease. Landlord in no event shall be deemed to be holding over in the Premises and Rent shall continue to accrue in accordance with the terms liable for damages by reason of Article 16 loss of the Leaseprofits, until such work shall be completed, business interruption or (B) Landlord may do so and may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless other consequential damage arising from any liability, cost, obligation, expense or claim Cable Problems. The provisions of lien in any manner relating to the installation, placement, and removal or financing of any such Tenant Improvements in, on or about the Premises, which obligations of Tenant this Section 26 shall survive the expiration or earlier termination of this Lease.

Removal Obligations. In Notwithstanding anything to the event that, contrary contained in the course of developing the Construction Documentsthis Lease, Tenant changes the configuration of shall remove any or all Cables within or serving the Premises from that shown in the approved Final Space Plan, Landlord may, by written notice to Tenant given concurrently with giving Landlord’s consent to the Construction Documents, require Tenant, at Tenant’s expense, to remove at the end upon expiration or earlier termination of the Term any portion of the Tenant Improvements introduced in the reconfigured plan which in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements such as laboratory improvements, any exercise [SAN XXXXXX CORPORATE CENTER] EXHIBIT B [BIOMARIN PHARMACEUTICAL INC.] facility, and any cafeteria (collectively referred to as “TI Required Removables”), and to repair any damage to the Premises and Building caused by such removalthis Lease. If Tenant fails to complete remove any such removal and/or Cables, or violates any other provision of this Section 25, Landlord may, after twenty (20)-days’ notice to repair Tenant, remove such Cables or remedy such other violation, at Tenant’s expense (without limiting Landlord’s other remedies available under this Lease, at Law or in equity), which amount plus five percent (5%) thereof shall be paid by Tenant within thirty (30) days after Tenant’s receipt of an invoice therefor, together with reasonable supporting evidence. Tenant shall not, without the prior consent of Landlord in each instance (which may be withheld in Landlord’s sole discretion), grant to any third party a security interest in, or lien on, any Cables, and any such security interest or lien granted without Landlord’s consent shall be null and void. Notwithstanding anything to the contrary contained in this Lease, and without limiting the provisions of Section 25(a) above, except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Cable will be free from the following (collectively, “Cable Problems”): (1) any eavesdropping or wiretapping by unauthorized parties, (2) any failure of any Cable to satisfy Tenant’s requirements, or (3) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Cables or by any such TI Required Removablesfailure of the environmental conditions or the power supply for the Building to conform to any requirements for the Cables or any associated equipment, then at Landlordor any other problems associated with any Cable by any other cause. Under no circumstances shall any Cable Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent or otherwise, or relieve Tenant from performance of Tenant’s option, either (A) Tenant other obligations under this Lease. Landlord in no event shall be deemed to be holding over in the Premises and Rent shall continue to accrue in accordance with the terms liable for damages by reason of Article 16 loss of the Leaseprofits, until such work shall be completed, business interruption or (B) Landlord may do so and may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless other consequential damage arising from any liability, cost, obligation, expense or claim Cable Problems. The provisions of lien in any manner relating to the installation, placement, and removal or financing of any such Tenant Improvements in, on or about the Premises, which obligations of Tenant this Section 25 shall survive the expiration or earlier termination of this Lease.