Common use of Removal of Alterations Clause in Contracts

Removal of Alterations. All fixtures, equipment, alterations, ---------------------- additions, improvements and/or appurtenances attached to or built into the Premises prior to or during the Lease Term, whether by Landlord or Tenant and whether at the expense of Landlord or Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at the expiration of the Lease Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Office Lease (Pilot Network Services Inc)

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Removal of Alterations. All fixturesLandlord shall not require Tenant to remove any Alteration that exists in the Premises as of the Scheduled Term Commencement Date. The initial Tenant Improvements, equipmentincluding, alterationswithout limitation, ---------------------- additionsall affixed sinks, improvements and/or appurtenances attached dishwashers, microwave ovens and other fixtures and all Alterations made by Tenant (but excluding Tenant's trade fixtures and personal property) shall become the property of Landlord immediately upon installation within the Premises and shall remain on and be surrendered with the Premises upon expiration or termination of the Term, except that Landlord reserves the right to require that Tenant remove all Non-Standard Alterations upon the expiration or built termination of the Term; it being understood and agreed, however, that any moveable personal property and equipment brought into the Premises prior by or on behalf of Tenant following the completion of the Tenant Improvements (which is not affixed to or during installed within the Lease Term, whether by Landlord or Tenant and whether at the expense of Landlord or Tenant, or of both, Premises) shall be and remain part of Tenant's personal property. Notwithstanding the Premises and foregoing, Landlord shall not be removed by notify Tenant at the end time of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is approval of Tenant's plans and specifications of those Non-Standard Alterations which Tenant may be required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at in accordance with the terms of this Section prior to the expiration of the Lease Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes termination of this LeaseLease and Tenant shall, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at upon the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may upon such termination, unless instructed otherwise by Landlord, be required to be removed by remove only such Non-Standard Alterations specified in Landlord's notice. If Landlord requires such removalTenant to remove any Non-Standard Alterations, Tenant Tenant, at its cost, shall either (i) remove the alteration, addition, or improvement, repair all and restore in a good and workmanlike manner any damage caused to the Premises Premises, the Building or the Facility resulting from such in connection with the removal of any of its Non-Standard Alterations, trade fixtures and/or personal property and shall restore the area where Premises, the removal occurred Building or the Facility, as applicable, to the condition that existed upon completion of same were in when the Tenant Building Standard Work in accordance with all applicable lawsPremises were received by Tenant, statutes, building codes ordinary wear and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination of the Leasetear excepted.

Appears in 1 contract

Samples: E Tenant Improvement Agreement (Aames Financial Corp/De)

Removal of Alterations. All fixturesIf any alterations are made without the prior written consent of Landlord, equipmentLandlord shall have the right, alterationsat its option and in addition to Landlord’s other rights and remedies, ---------------------- additions, improvements and/or appurtenances attached to or built into the Premises prior to or during the Lease Term, whether by Landlord or Tenant and whether at the expense of Landlord or Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may either require Tenant to remove at the expiration of the Lease Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such removal alterations and restore the area where the removal occurred to the condition that existed upon completion affected portion(s) of the Tenant Premises, the Building Standard Work or the Office Complex, as applicable, to their condition immediately prior thereto, or to do so on Tenant’s behalf, in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) which case Tenant shall reimburse Landlord as additional rent for the cost of performing such removal and restoration, with interest at the removaldefault interest rate, repair and restoration referenced from the date such cost was incurred until repaid in clause full, within ten (i) above within thirty (3010) days after the date receipt of Landlord's an invoice therefor. The foregoing obligation All alterations to the Premises, the Building and/or the Office Complex made by either party shall become the property of Tenant Landlord and shall survive remain upon and be surrendered with the Premises at the expiration or earlier termination of the Term; provided, however, that (a) if Tenant is not in default under this Lease, then Tenant shall remove, upon the expiration or earlier termination of the Term, all movable furniture, furnishings, trade fixtures and other personal property of Tenant and Tenant’s agents located in the Premises, and (b) Tenant shall remove all alterations as well as any extraordinary items of the Tenant’s work in the Premises or the Building (including, without limitation, any wiring and cabling located in risers outside the Premises) which Landlord designates in writing for removal prior to the Expiration Date or any such earlier date of termination. Notwithstanding the provisions of clause “(a)” above, at Landlord’s option, movable furniture, furnishings and trade fixtures shall be deemed to exclude any item the removal of which might cause damage to the Premises or the Building or which would normally be removed from the Premises with the assistance of any tool or machinery other than a dolly. Tenant shall, at its expense, repair all damage and injury to the Premises or the Building caused by any removal and restore same to the condition in which it existed prior to such installation. Tenant’s obligations under this Section 12.2 shall survive the Expiration Date or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Careadvantage Inc)

Removal of Alterations. (i) All fixturesmovable property, equipmentfurniture, alterations, ---------------------- additions, improvements and/or appurtenances attached to furnishings and trade fixtures furnished by or built into the Premises prior to or during the Lease Term, whether by Landlord or Tenant and whether at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixturesTerm, equipmentprovided, alterationshowever, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove at the expiration of the Lease Term any alterationsremove, additions or improvements made by Tenant prior to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination of the LeaseTerm, at Tenant’s expense, any Specialty Alterations, or (b) pay Landlord for the cost of removal of such Specialty Alterations. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE, YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.

Appears in 1 contract

Samples: Agreement of Lease (Relmada Therapeutics, Inc.)

Removal of Alterations. TENANT'S PROPERTY. Section 6.4 is hereby restated to read as follows: "All fixtures, equipment, alterations, ---------------------- additionsadditions and improvements in, improvements and/or appurtenances attached on or to or built into the Premises prior to made or during the Lease Term, whether installed by Landlord or Tenant and whether at the expense of Landlord or Tenant, or of bothincluding carpeting, shall be and remain the property of Tenant during the Term but, except as set forth below, shall become a part of the Premises realty and shall not be removed by belong to Landlord without compensation to Tenant at upon the end expiration or sooner termination of the Lease Term unless otherwise expressly provided for in Term, at which time title shall pass to Landlord under this Lease as by a bill of sale, unless Landlord elects otherwise. Upon such election by Landlord, Tenant shall (on or unless such removal is required by Landlord pursuant to before the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at the expiration termination of the Lease Term Term) upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements made which are designated by Landlord to be removed, provided that Landlord notified Tenant when it consented to the Premises for which Tenant did not obtain Landlord's approval such alterations, additions or if such consent was not required under Article 9, for which Tenant did not give improvements that Landlord written notice pursuant to Article 9. For purposes may require their removal upon termination of this Lease, it and provided further that during the first or second Option period of the Extended Term, the cost of such removal shall be conclusively presumed that any alterationsplit equally between the parties. Notwithstanding anything to the contrary above, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did Tenant shall not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed remove such alterations, additions or improvements if this Lease is terminated by LandlordLandlord pursuant to Section 21.3 below. If Landlord requires In connection with such removal, Tenant shall either (i) remove forthwith and with all due diligence, at its sole cost and expense, repair and restore the alterationPremises to their original condition, additionordinary wear and tear and damage by fire or other casualty, condemnation, acts of God, or improvementLandlord's failure to make required repairs excepted. Any trade fixtures, repair business equipment, inventory, signs, counters, movable partitions of less than full height from floor to ceiling, shelving, furniture and other removable personal property installed in or on the Premises by Tenant at its expense ('TENANT'S PROPERTY'), shall remain the property of Tenant. Xxxxxxxx agrees that Tenant shall have the right, at any time or from time to time, to remove any and all of Tenant's Property, provided Tenant repairs any damage caused to the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination of the Lease".

Appears in 1 contract

Samples: Visit Confidentiality Agreement (Invitrogen Corp)

Removal of Alterations. All fixtures, equipment, alterations, ---------------------- additions, improvements and/or appurtenances attached to or built into Alterations and the initial Tenant Improvements in the Premises prior to (whether installed or during the Lease Term, whether paid for by Landlord or Tenant and whether at Tenant), shall become the expense property of Landlord or Tenant, or of both, and shall remain upon and be and remain part of surrendered with the Premises and shall not be removed by Tenant at the end of the Lease Term unless otherwise expressly provided Term, except that trade fixtures shall remain the property of Tenant at all times; provided, however, Landlord shall, by written notice delivered to Tenant concurrently with Landlord’s approval of plans for in this Lease or unless such removal is required by any Alterations identify those Alterations which Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at the expiration end of the Lease Term any alterationsTerm; provided, additions or improvements made by further, however, the initial Tenant to the Premises for which Tenant did Improvements shall not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed at the end of the Term, except that Tenant shall remove all Tenant’s equipment and machinery including but not limited to piping, fume hoods, and any other Tenant equipment and machinery added during the Lease Term that pertains to Tenant’s business including any and all equipment located outside of the Premises (except as set forth below) including the HVAC condenser farm set forth in Exhibit “H” herein, air compressor, and all conditions associated with that equipment including any piping and wiring and concrete pads. Tenant will be responsible to restore any holes and damage to the Building and outside areas caused by the use and/or removal of any of such Tenant’s equipment to Landlord’s commercially reasonable satisfaction. If Landlord requires such removalfails to indicate whether removal shall be required at the time of its approval of the Alterations, Tenant shall either (i) not be required to remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive Alterations at the expiration or earlier termination of the Lease. If Landlord requires Tenant to remove any such Alterations concurrently with Landlord’s approval thereof, Tenant shall, at its sole cost, remove the identified items on or before the expiration or sooner termination of this Lease and repair any damage to the Premises caused by such removal to its original condition (or, at Landlord’s option, Tenant shall pay to Landlord all of Landlord’s costs of such removal and repair). Any removal by Tenant shall be completed within ten (10) business days following the end of the Term or any early termination as set forth in the Lease. Notwithstanding the foregoing, Tenant shall not be required to remove at the end of the Term or any early termination as set forth in the Lease (i) any generator or generator pad installed by Tenant pursuant to the terms set forth in this Lease, or (ii) any HVAC units installed on the roof pursuant to the terms set forth in this Lease.

Appears in 1 contract

Samples: Attornment Agreement (Inphi Corp)

Removal of Alterations. All fixtures, equipment, alterations, ---------------------- additions, improvements and/or appurtenances attached to or built into the Premises prior to or during the Lease Term, whether by Landlord or Tenant and whether at the expense of Landlord or Tenant(including, or of bothwithout limitation, the Lighting) shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Lease Term. All fixtures, equipment, alterations, additions, improvements and/or appurtenances attached to or built into the Premises prior to or during the Lease Term unless otherwise expressly provided for in this at the expense of Tenant shall be and remain the property of Tenant ("Tenant's Equipment/Fixtures"). Tenant may remove any or all of Tenant's Equipment/Fixtures and restore the affected portion of the Premises at anytime during the Lease or unless Term so long as such removal and restoration does not affect the structure of the Building or Building Systems and the same is performed in accordance with all of the terms and conditions of this Lease. Notwithstanding the foregoing, upon the expiration (or earlier termination) of the Lease Term, Tenant shall remove any or all of Tenant's Equipment/Fixtures required by Landlord to be removed pursuant to the provisions of Article 9 9.3 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at the expiration hereby agrees and acknowledges that Landlord shall have no lien whatsoever in any item of the Lease Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain LandlordTenant's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement Equipment/Fixtures located in the Premises at the expiration of the Lease Term which or otherwise and Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required hereby waives any right to be removed by Landlordclaim any such lien on Tenant's Equipment/Fixtures. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within Within thirty (30) days after the date of Tenant's written request, Landlord shall execute a Landlord's invoice therefor. The foregoing obligation lien waiver in form prepared by Landlord evidencing Landlord's waiver of Tenant shall survive the expiration any right, title, lien or earlier termination of the Leaseinterest in Tenant's Equipment/Fixtures.

Appears in 1 contract

Samples: Standard Office Lease (Netgear Inc)

Removal of Alterations. All fixturesUpon the expiration or sooner termination of the Lease, equipmentTenant shall upon demand by Landlord, alterationsat Landlord’s election either (i) at Tenant’s sole cost and expense, ---------------------- additionsforthwith and with all due diligence remove (A) any Alterations whose installation altered or interfered with the ceiling grid (i.e. any partitions constructed that are not below the ceiling grid) unless specifically approved by Landlord and identified as not required to be removed in writing in advance of its installation, (B) any Alterations designated by Landlord to be removed (as provided below), (C) any Alterations (other than Permitted Alterations which are commonly considered typical for generic “market ready” improvements and/or appurtenances attached commonly constructed by landlords of Class “A” office buildings) as to or built into which Tenant does not make a Request for Advice Regarding Removal (defined below), and (D) any Alterations which Landlord designates for removal in response to a Request for Advice Regarding Removal from Tenant, and restore the Premises prior to its original condition as of the date of the making of the Alterations in question, subject in both cases to Normal Wear and Tear (defined below) and the rights and obligations of Tenant concerning casualty damage pursuant to Section 22, or during (ii) pay Landlord one-half (1/2) of the Lease Termreasonable estimated cost thereof. Notwithstanding the foregoing, at the time Tenant requests approval for any proposed Alteration or provides written notice of any Permitted Alteration that would alter or interfere with the ceiling grid or which are not commonly considered typical for generic “market ready” improvements commonly constructed by landlords of Class “A” office buildings, Tenant may include in such request for approval or written notice a request that Landlord advise Tenant whether Landlord shall require the removal of such proposed Alteration (or any portion thereof) and/or restoration (payment of one-half (1/2) of Landlord’s reasonable estimated cost of such removal and restoration) as set forth in this Section 6 (a “Request for Advice Regarding Removal”). If Tenant’s request for approval of any Alterations or notice of its intent to make Permitted Alterations contains a Request for Advice Regarding Removal, then as a part of any approval or conditional approval of Alterations by Landlord or, in the case of any Permitted Alterations, within five (5) Business Days after Landlord’s receipt of Tenant’s written notice of its intent to make such Permitted Alterations, Landlord shall advise Tenant in writing as to which portions, if any, of such Alteration Landlord shall require to be removed and restored (or Tenant payment of the reasonable estimated cost of removal and whether restoration thereof made) as set forth in this Section 6. If Landlord designates, in its response to a Request for Advice Regarding Removal for removal any Alterations which are not commonly considered typical for generic “market ready” improvements commonly constructed by landlords of Class “A” office buildings and at the expense time of such designation Tenant’s Cash and Equivalents (defined below) are below the Credit Standard (defined below), Landlord or Tenantmay condition its consent to such Alterations on Tenant increasing the amount of the Letter of Credit (defined below) by the amount reasonably estimated by Landlord as the cost of the required removal and restoration. If Landlord fails to so notify Tenant within the applicable period, or of bothTenant may send Landlord a second written request, which written request shall state “LANDLORD’S FAILURE TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS SHALL ELIMINATE LANDLORD’S ABILITY TO REQUIRE THE REMOVAL OF CERTAIN ALTERATIONS TO THE PREMISES”, and if Landlord fails to respond to such notice within such five (5) Business Day period, Landlord shall be and remain part deemed to have advised Tenant that no portions of the Premises and such Alteration shall not be required to be removed by Tenant and restored at the end of the Lease Term unless otherwise expressly provided for Term. Notwithstanding anything in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at the expiration of the Lease Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removalcontrary, Tenant shall either have the right to remove any Alterations made by, in or to the Premises, provided that (i) remove Tenant repairs any damage caused by the alteration, addition, or improvement, repair all damage to removal and restores the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of prior to the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date installation of such repair Alterations, and restoration or (ii) Tenant shall reimburse Landlord for may not remove only a portion of an Alteration if such removal would result in the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination remainder of the LeaseAlteration being rendered unusable unless material modifications, additions or alterations are made thereto.

Appears in 1 contract

Samples: Lease Agreement (Synopsys Inc)

Removal of Alterations. All fixtures, equipment, Sublessor and Sublessee hereby agree that in the event that Owner requires the removal of any alterations, ---------------------- additionsimprovements or installations made by Sublessee and restoration of the Demised Premises in accordance with the terms of the Master Lease or the Sublease, Sublessee shall remove such alterations, improvements and/or appurtenances attached to or built into installations and so restore the Demised Premises prior to or during at its sole cost and expense; provided, however, that in the event that the Term of this Lease Term, whether by Landlord or Tenant and whether at the expense of Landlord or Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets extended for the systems mentioned above and for all telephoneExtension Period, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant then Sublessee shall have the right to remove at give notice to Sublessor within ten (10) days after the expiration of the Lease initial Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this LeaseSub-Sublease offering Sublessor the option to elect for Sublessee to not make such removal or restoration. Within seven (7) days after receipt of such notice, it Sublessor shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive give notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall Sublessee electing either to (ia) remove the alteration, addition, or improvement, repair all damage require Sublessee to the Premises resulting from undertake such removal and restoration (assuming same has been required by Owner), in which case Sublessee shall be given an additional period of fourteen (14) days from receipt of such notice to complete such work, or (b) permit such alterations, improvements and installations to remain, in which case Sublessee shall be relieved of all responsibility to remove such alterations, improvement and installations and to so restore the area where Demised Premises, which responsibility shall thereafter be assumed by Sublessor. In the event that Sublessor shall fail to make such election by notice given to Sublessee within said seven (7) day period, Sublessor shall be deemed to have elected to permit such alterations, improvements and installations to remain and to have assumed all responsibility for such removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination of the Leaserestoration.

Appears in 1 contract

Samples: Silverstream Software Inc

Removal of Alterations. All fixturesUpon the expiration or sooner termination of the Lease, equipmentTenant shall upon demand by Landlord, alterationsat Tenant’s sole cost and expense, ---------------------- additionsforthwith and with all due diligence remove (A) any Alterations whose installation altered or interfered with the ceiling grid (i.e., any partitions constructed that are not below the ceiling grid) unless specifically approved by Landlord and identified as not required to be removed in writing in advance of its installation, (B) any Alterations designated by Landlord to be removed (as provided below), (C) any Alterations (other than Permitted Alterations which are commonly considered typical for generic “market ready” improvements and/or appurtenances attached commonly constructed by landlords of Class ”A” office buildings) as to or built into which Tenant does not make a Request for Advice Regarding Removal (defined below), and (D) any Alterations which Landlord designates for removal in response to a Request for Advice Regarding Removal from Tenant, and restore the Premises prior to its original condition as of the date of the making of the Alterations in question, subject in both cases to Normal Wear and Tear (defined below) and the rights and obligations of Tenant concerning casualty damage pursuant to Section 22. Notwithstanding the foregoing, at the time Tenant requests approval for any proposed Alteration or during provides written notice of any Permitted Alteration that would alter or interfere with the Lease Termceiling grid or which are not commonly considered typical for generic “market ready” improvements commonly constructed by landlords of Class ”A” office buildings, Tenant may include in such request for approval or written notice a request that Landlord advise Tenant whether Landlord shall require the removal of such proposed Alteration (or any portion thereof) and/or restoration as set forth in this Section 6 (a “Request for Advice Regarding Removal”). If Tenant’s request for approval of any Alterations or notice of its intent to make Permitted Alterations contains a Request for Advice Regarding Removal, then as a part of any approval or conditional approval of Alterations by Landlord or or, in the case of any Permitted Alterations, within five (5) Business Days after Landlord’s receipt of Tenant’s written notice of its intent to make such Permitted Alterations, Landlord shall advise Tenant in writing as to which portions, if any, of such Alteration Landlord shall require to be removed and whether at restored as set forth in this Section 6. If Landlord fails to so notify Tenant within the expense of applicable period, Landlord or Tenant, or of both, shall be and remain part of the Premises and deemed to have advised Tenant that such Alteration shall not be required to be removed by Tenant and restored at the end of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at the expiration of the Lease Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination of the LeaseTerm.

Appears in 1 contract

Samples: Sublease Agreement (PubMatic, Inc.)

Removal of Alterations. (i) All fixturesmovable property, equipmentfurniture, alterations, ---------------------- additions, improvements and/or appurtenances attached to furnishings and trade fixtures furnished by or built into the Premises prior to or during the Lease Term, whether by Landlord or Tenant and whether at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, or of both, shall be and remain part of the Premises and shall not may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixturesTerm, equipmentprovided, alterationshowever, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove at the expiration of the Lease Term any alterationsremove, additions or improvements made by Tenant prior to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination of the LeaseTerm, at Tenant’s expense, any Specialty Alterations or Confidential Treatment Requested by Compass, Inc. Pursuant to 17 C.F.R. Section 200.83 Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term.

Appears in 1 contract

Samples: Lease (Urban Compass, Inc.)

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Removal of Alterations. All fixtures, equipment, alterations, ---------------------- additions, improvements and/or appurtenances attached to On or built into the Premises prior to the Expiration Date or during sooner termination of the Lease Term, whether Subtenant shall, at Subtenant’s sole cost and expense, remove all Alterations, including Specialty Alterations but excluding Decorative Alterations, installed by Subtenant (unless Sublandlord has agreed in writing (pursuant to Section 21(a) hereof) to waive any requirement that any Alterations be removed and Prime Landlord or Tenant has agreed in writing to waive any requirement that any Specialty Alterations be removed). At Subtenant’s request, Sublandlord shall request confirmation from Prime Landlord (and whether at the expense of Landlord or TenantSublandlord shall also confirm if Sublandlord has received Prime Landlord’s response), or of both, shall be and remain what part of the Premises and shall not Subtenant Work constitutes a Specialty Alteration which needs to be removed by Tenant at the end of the Lease Term unless otherwise expressly provided for Term. Subtenant shall repair and restore, in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixturesa good and workmanlike manner, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at the expiration of the Lease Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such or the Building caused by Subtenant’s removal of any Alteration, Material Alteration or Specialty Alterations, as the case may be, and restore the area where the removal occurred if Subtenant fails to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable lawsdo so, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant Subtenant shall reimburse Landlord Sublandlord, within fifteen (15) days of receipt of written demand from Sublandlord, for the Sublandlord’s reasonable out-of-pocket cost of performing repairing and restoring such damage. Any such Specialty Alterations by Subtenant not removed on or before the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration Expiration Date or earlier sooner termination of the LeaseTerm shall be deemed abandoned and Sublandlord may either retain the same as Sublandlord’s property or remove and dispose of same, and repair and restore any damage caused thereby, all at Subtenant’s cost. Notwithstanding anything to the contrary contained herein, Subtenant shall have no obligation to remove any Alterations or other improvements existing in the Premises on the Commencement Date.

Appears in 1 contract

Samples: Axsome Therapeutics, Inc.

Removal of Alterations. All fixturesExcept as otherwise expressly provided pursuant to Section 9.2 above, equipmentif any Alterations are made without the prior written consent of Landlord, alterationsthen, ---------------------- additionsafter the expiration of any notice and cure period applicable pursuant to Section 17.1(b), improvements and/or appurtenances attached Landlord shall have the right, in addition to or built into all other remedies, at Tenants expense to remove and correct such Alterations and restore the Premises to its condition immediately prior thereto, or to or require Tenant to do the same. All Alterations to the Premises during the Lease Term, whether by Landlord or Tenant and whether at Term shall be the expense property of Landlord or Tenant, or of both, and shall remain upon and be and remain part of surrendered with the Premises and shall not be removed by Tenant as a part thereof at the end of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at the expiration of the Lease Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination of the Lease Term; provided, however, that (a) if there exists no Event of Default under this Lease, then Tenant shall have the right to remove, prior to the expiration or earlier termination of the Lease Term, all movable furniture, furnishings and equipment installed in the Premises solely at the expense of Tenant, and (b) Tenant shall remove all Alterations and other items in the Premises that Landlord designates in writing for removal. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to claim, during the Lease Term, all federal and state income tax benefits associated with Alterations to the Premises performed at Tenant's sole cost and expense during the Lease Term, if and to the extent permitted under applicable Laws; provided, however, that in no event shall Landlord have any liability to Tenant whatsoever in connection with any inability by Tenant to obtain any such benefits. Landlord shall have the right at Tenant's expense to repair all damage and injury to the Premises caused by any removal of such furniture, furnishings, equipment and Alterations or to require Tenant to do the same; provided, however, that Landlord shall not perform any such repair until after notice and the expiration of the applicable cure period pursuant to Section 17.1(b), if and to the extent that such cure period occurs prior to the expiration or earlier termination of the Lease Term. 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 become the property of Landlord and shall 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 such furniture, furnishings and equipment and any Alteration which Landlord designates in writing for removal or to require Tenant to do the same. If Tenant fails to return the Premises to Landlord as required by this Section, then Tenant shall pay to Landlord, as additional rent, all costs incurred by Landlord in effecting such return.

Appears in 1 contract

Samples: Lease Agreement (Lithia Motors Inc)

Removal of Alterations. All fixtures, equipment, alterations, ---------------------- additions, improvements and/or appurtenances attached to or built into the Premises prior to or during the Lease Term, whether by Landlord or Tenant and whether at the expense of Landlord or Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at ---------------------- Alterations (whether or not made with Landlord's consent) upon the expiration of the Lease Term and to repair any alterationsdamage caused by such removal, additions or improvements made by Tenant all at Tenant's expense, but only if the Alterations which Landlord directs to be removed are Special Purpose Alterations (as hereinafter defined) and, with respect to the Premises Alterations for which Tenant did not obtain Landlordsubmits final plans to Landlord for approval, only if at the time Landlord approves the final plans for such Alterations Landlord notifies Tenant in writing that Landlord will require Tenant to remove some or all of the Special Purpose Alterations disclosed by such plans (Landlord shall designate in such notice which items are Special Purpose Alterations and which of those are to be removed) at the end of the Term and Tenant's approval vacation of the Premises. As used herein, "Special Purpose Alterations" shall mean Alterations which are specific to Tenant's particular use of, or if such consent was not required under Article 9activities at, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises (e.g., vaults, tanks, special equipment pads) as opposed to items commonly found ---- in occupied single-tenant facilities (e.g., offices, conference rooms, ---- laboratory rooms, computer rooms, restrooms and other rooms, sprinkler systems, HVAC systems, and other occupancy improvements generally included in comparable buildings or required by standard building codes for the occupancy in question); provided, however, that none of the improvements existing at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of on the date of such repair and restoration or (ii) this Lease first written above shall be deemed Special Purpose Alterations. Tenant shall reimburse have the right to accept any designation by Landlord for the cost of performing the removal, repair and restoration referenced in clause Alterations as "Special Purpose Alterations" under protest by notifying Landlord of such acceptance under protest within ten (i) above within thirty (3010) days after the date of Landlord's invoice therefordesignation. The foregoing obligation In such event, either Landlord or Tenant may submit to arbitration under the rules of the American Arbitration Association ("Arbitration") the issue of whether Landlord's designation was proper. If Tenant does not object to Landlord's designation within such ten (10) day period, Landlord's designation shall survive be deemed approved. All Alterations which Tenant is not required to remove by the provisions hereof shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of the LeaseLease except for any Alterations which Tenant is permitted (and elects) to remove by the provisions hereof. In no event, however, shall Tenant remove any of the following materials or equipment (which shall be deemed Landlord's property) without Landlord's prior written consent: any power wiring or power panels; inset or recessed lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment which are not portable; electrical, plumbing or sanitary equipment; or fencing or security gates; fire and life safety sprinkler systems; or ceiling tiles; provided, however, that the foregoing list shall not include (and Tenant may, but shall not be required to, remove, provided Tenant repairs any damage caused by such removal) any of its demountable wall panels and any materials or equipment that Tenant has installed specifically for use in connection with Tenant's business processes (such as intercom systems, security systems, computer equipment, computer wiring and/or computer flooring, table or floor lamps, racking, microwave ovens, refrigerators, stand-alone heaters or fans, laboratory equipment, telephone switching equipment and electrical devices and the like).

Appears in 1 contract

Samples: Lease Agreement (Calcomp Technology Inc)

Removal of Alterations. All fixturesAlterations which, equipment, alterations, ---------------------- additions, improvements and/or appurtenances attached to or built into the Premises prior to or during the Lease Term, whether by Landlord or Tenant and whether at the expense for purposes of Landlord or Tenant, or of boththis Lease, shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Lease Term unless otherwise expressly provided for in this Lease include without limitation any floor penetrations or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixturescut outs, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coveringscarpeting, drapes, wall covering, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposestelecommunications cabling, and permanently affixed fixtures of any special flooring kind which Tenant has made, installed, or ceiling installations. Landlord may require Tenant to remove at the expiration of the Lease Term attached in any alterations, additions manner in or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9during the Lease Term, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes shall upon termination of this LeaseLease by expiration of time or otherwise, it become the property of Landlord and shall be conclusively presumed that any alterationsurrendered and delivered up with the Premises upon said termination; provided, addition at Landlord’s sole option, Tenant shall, at its expense when surrendering the Premises remove, under the direction of Landlord, all such Alterations made or improvement located installed in the Premises at by Tenant, including then-existing telecommunications cabling within the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removalPremises, and Tenant shall either (i) remove the alteration, addition, restore and repair any change or improvement, repair all damage to the Premises resulting from such and/or Building occasioned by installation, maintenance, floor penetration, or removal of said Alterations and restore the area where the removal occurred to the condition that existed upon completion of the Tenant telecommunications cabling, and replace any improvements removed with then Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or improvements (ii) including fixtures). Tenant shall reimburse Landlord for the cost of performing the removal, repair and have performed such restoration referenced in clause work within fifteen (i) above within thirty (3015) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive following the expiration or earlier termination of the Lease. Tenant shall be deemed holding over the Premises, and thereby subject to the provisions of Article 23.2, if Tenant fails to complete such restoration work by such time. If Tenant, during the Lease Term, removes any such Alterations which Tenant has attached or installed during the Lease Term, Tenant must replace the same with property of similar kind and quality. Any equipment or personal property, other than additions, alterations, changes or improvements as defined herein, not required by Landlord to be removed and not removed by Tenant from the Premises upon the end of the term, shall be conclusively presumed to have been abandoned by Tenant and title thereto shall thereby pass to Landlord without payment or credit by Landlord to Tenant. Tenant shall, at the termination of this Lease by the expiration of time or otherwise, surrender and deliver up the Premises and property to Landlord in as good condition as when received by Tenant from Landlord, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Rentech Inc /Co/)

Removal of Alterations. All fixturesTenant shall, equipmentat Tenant's expense, alterations, ---------------------- additions, improvements and/or appurtenances attached to or built into diligently remove all Alterations made by Tenant after the Premises prior to or during the Lease Term, whether Commencement Date and designated by Landlord or Tenant and whether agreed to by Tenant, as the case may be, to be removed at the expense time of Landlord or Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Landlord may require Tenant to remove at the expiration of the Lease Term any alterations, additions or improvements made by Tenant to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not Tenant's request for approval or notice thereof (unless otherwise required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this LeaseExhibit C), it shall be conclusively presumed that and, with respect to any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all any damage to the Premises resulting from caused by such removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to such Alteration, provided that to the extent Tenant makes approved Alterations which are in the nature of standard office improvements (such as the erection or demolition of partitioning walls, and the like), Landlord agrees that it will not condition its consent to such Alterations upon Tenant's agreement to remove such items and restore the area where affected portions of the Premises upon Lease expiration or earlier termination. Except for Tenant's Telecommunication Equipment. Tenant's UPS System, Tenant's Supplemental HVAC Units, Tenant's emergency generator and Tenant's Generator Fuel Tank (as each is defined in Exhibit C), the removal occurred to of which shall be governed by the condition that existed applicable provisions of Part B of Exhibit C, Tenant shall surrender upon completion expiration or earlier termination of the Tenant Building Standard Term of this Lease all initial improvements constructed to Premises pursuant to Exhibit C, including all improvements installed as part of Tenant's Work in accordance under Exhibit C, or paid for with all applicable laws, statutes, building codes and regulations in effect as the proceeds of any allowance paid by (or for the date of such repair and restoration or (iibenefit of) Tenant shall reimburse Landlord for pursuant to Exhibit C unless otherwise agreed to by the cost of performing the removal, repair and restoration referenced parties in clause (i) above within thirty (30) days after the date of Landlord's invoice thereforwriting. The foregoing obligation of Tenant shall survive also remove all of its movable property and trade fixtures at the expiration or earlier termination of this Lease, and shall pay to Landlord the cost of repairing any damage to the Premises or Building resulting from such removal. In no event shall Tenant remove any portion of Landlord's Work except in connection with a permitted Alteration hereunder. All items of Tenant's movable property, trade fixtures and personal property that are not removed from the Premises or the Building by Tenant at the termination of this Lease or dispossession of Tenant due to default pursuant to Article 24 of this Lease shall be deemed abandoned and become the exclusive property of Landlord, without further notice to or demand upon Tenant. Tenant's obligations under these Sections 15.2 and 15.3 shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Net2000 Communications Inc)

Removal of Alterations. (i) All fixturesmovable property, equipmentfurniture, alterations, ---------------------- additions, improvements and/or appurtenances attached to furnishings and trade fixtures furnished by or built into the Premises prior to or during the Lease Term, whether by Landlord or Tenant and whether at the expense of Tenant, other than those affixed to the Premises so that they cannot be removed without damage and other than those replacing an item theretofore furnished and paid for by Landlord or for which Tenant has received a credit or allowance, shall remain the property of Tenant, or of both, shall be and remain part of the Premises and shall not may be removed by Tenant from time to time prior to the expiration of the Term. All Alterations made by Tenant, including all paneling, decorations, partitions, railings, mezzanine floors, galleries and the like, which are affixed to the Premises, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Lease Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord pursuant to the provisions of Article 9 above. Such fixturesTerm, equipmentprovided, alterationshowever, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. that Landlord may elect, at Landlord’s option, to require Tenant (a) to remove at the expiration of the Lease Term any alterationsremove, additions or improvements made by Tenant prior to the Premises for which Tenant did not obtain Landlord's approval or if such consent was not required under Article 9, for which Tenant did not give Landlord written notice pursuant to Article 9. For purposes of this Lease, it shall be conclusively presumed that any alteration, addition or improvement located in the Premises at the expiration of the Lease Term which Landlord did not approve or for which Landlord did not receive notice in accordance with Article 9 may be required to be removed by Landlord. If Landlord requires such removal, Tenant shall either (i) remove the alteration, addition, or improvement, repair all damage to the Premises resulting from such removal and restore the area where the removal occurred to the condition that existed upon completion of the Tenant Building Standard Work in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration or (ii) Tenant shall reimburse Landlord for the cost of performing the removal, repair and restoration referenced in clause (i) above within thirty (30) days after the date of Landlord's invoice therefor. The foregoing obligation of Tenant shall survive the expiration or earlier termination of the LeaseTerm, at Tenant’s expense, any Specialty Alterations or Specialty Work Items (as defined in Schedule B attached hereto), or (b) pay Landlord for the reasonable cost of removal of such Specialty Alterations or Specialty Work Items. Notwithstanding the foregoing, in connection with any request by Tenant for Landlord’s consent to any Alterations, Landlord agrees to inform Tenant at the time of Landlord’s consent if the proposed Alterations are Specialty Alterations that may be required to be removed upon the expiration of the Term of this Lease in accordance with the standards set forth in this Subsection, provided that any notice requesting Landlord’s consent to such Alterations shall contain a legend in capital letters and bold type on the first page thereof which states “PURSUANT TO SUBSECTION H OF ARTICLE 4 OF THE LEASE, IN THE EVENT THAT YOU SHALL CONSENT TO THE PROPOSED ALTERATIONS DESCRIBED IN THIS NOTICE YOU ARE REQUIRED TO INFORM TENANT AT THE TIME OF YOUR CONSENT IF SUCH ALTERATIONS ARE SPECIALTY ALTERATIONS, THAT MAY BE REQUIRED TO BE REMOVED UPON THE EXPIRATION OF THE TERM OF THE LEASE IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SAID SUBSECTION.” Provided that Tenant complies with the notice requirements of this Subsection H(i), if Landlord fails to designate Alterations as Specialty Alterations at the time Landlord approves such Alterations, Landlord shall not be permitted to require that such Alterations be removed prior to the expiration of the Term.

Appears in 1 contract

Samples: Agreement of Lease (Compass, Inc.)

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