Common use of Removal of Alterations Clause in Contracts

Removal of Alterations. All or any part of the Alterations (including, without limitation, wall-to-wall carpet and wiring), whether made with or without the consent of Landlord, shall, at the election of the Landlord, to be made at such time as Landlord determines in its sole discretion, either be removed by Tenant at its expense before, or if the election is made following a termination of the Lease, immediately following, the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property off Landlord without disturbance, molestation or injury. If Landlord requires the removal of all or part of the Alterations, Tenant, at its expense, shall repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove Alterations that it is required to remove pursuant to Landlord's election, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal and repair of any damage caused by the same, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to designate such items as it requests permission to remove at the expiration of the Lease, which items Landlord shall approve or disapprove for such removal by Tenant in conjunction with an approval of the plan. All decisions required or permitted to be made by Landlord in this Section 13.3 shall be made in the Landlord's reasonable discretion (which discretion may take into account such matters as the complexity, difficulty or damage to the Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the Landlord has reasonably decided shall be removed.

Appears in 1 contract

Samples: Access National Corp

AutoNDA by SimpleDocs

Removal of Alterations. All or Tenant shall not be required to remove any part of the Tenant Improvements or Additional Improvements upon the expiration of termination of this lease, all of which shall belong to Landlord. All Tenant Alterations (including, without limitation, wall-to-wall carpet shall be and wiring), whether made with remain the property of Tenant during the Term of this Lease and Tenant shall remove all Tenant Alterations and restore the Premises to its original condition by the date of termination of this Lease or without the consent of Landlord, shall, at the election upon earlier vacating of the LandlordPremises. All shelves, to be made at such time as Landlord determines in its sole discretionbins, either machinery and trade fixtures installed by Tenant may be removed by Tenant at its expense before, or if prior to the election is made following a termination of the Lease, immediately following, the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as if Tenant so elects, and shall be removed by the property off Landlord without disturbance, molestation date of termination of this Lease or injury. If Landlord requires the removal of all or part upon earlier vacating of the Alterations, Tenant, at its expense, Premises. Upon any such removal Tenant shall repair any damage to restore the Premises to its original condition, normal wear and tear, casualty and condemnation excepted. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the Building caused by such removal. If Tenant fails to remove Alterations that it is required to remove pursuant to Landlord's election, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal and repair of any damage caused improvements situated in the Premises. All items not removed by Tenant by the same, together with any and all damages which Landlord may suffer and sustain by reason expiration or termination of the failure of Tenant to remove the same, this Lease shall be charged to designate such items as it requests permission to remove at the expiration of the Lease, which items Landlord shall approve or disapprove for such removal deemed abandoned by Tenant in conjunction with an approval and may be removed, sold or otherwise disposed of the plan. All decisions required or permitted to be made by Landlord in this Section 13.3 shall be made in the Landlord's reasonable discretion (which discretion may take into account such matters as the complexity, difficulty or damage to the Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the Landlord has reasonably decided shall be removed.

Appears in 1 contract

Samples: Lease Agreement (Carter Holdings Inc)

Removal of Alterations. All Upon the expiration or any part sooner termination of the Alterations (includingLease Term, without limitation, wall-to-wall carpet and wiring), whether made with or without the consent of Landlord, Tenant shall, at Tenant’s expense, diligently remove all Alterations made by Tenant after the election of Commencement Date and designated :by Landlord or agreed to by Tenant, as the Landlordcase may. bp, to be made removed at such the time as Landlord determines in its sole discretion, either of Landlord’s approval or Tenant’s request for approval or notice thereof (or otherwise required to be removed by Tenant at its expense before, or if the election is made following a termination of the Lease, immediately following, the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property off Landlord without disturbance, molestation or injurypursuant to Exhibit C). If Landlord requires the removal of all or part of the Alterations, Tenant, at its expense, Tenant shall repair any damage to the Premises caused by such removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to such Alteration. Tenant shall 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 caused by such removal. If Tenant fails to remove Alterations that it is required to remove pursuant to Landlord's election, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal and repair of any damage caused by the same, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to designate such items as it requests permission to remove at the expiration termination of the Lease, which items Landlord shall approve this Lease (or disapprove for such removal by Tenant in conjunction with an approval of the plan. All decisions required or permitted to be made by Landlord in this Section 13.3 shall be made in the Landlord's reasonable discretion (which discretion may take into account such matters as the complexity, difficulty or damage to the Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of at any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the time when Landlord has reasonably decided the right of reentry due to a Tenant default) 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 be removedsurvive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Wave2Wave Communications, Inc.)

Removal of Alterations. All Upon the expiration or any part sooner termination of the Alterations (includingLease Term, without limitation, wall-to-wall carpet and wiring), whether made with or without the consent of Landlord, Tenant shall, at Tenant's expense, diligently remove all Alterations made by Tenant after the election of Commencement Date and designated by Landlord or agreed to by Tenant, as the Landlordcase may be, to be made removed at such the time as Landlord determines in its sole discretion, either of Landlord's approval or Tenant's request for approval or notice thereof (or otherwise required to be removed by Tenant at its expense before, or if the election is made following a termination of the Lease, immediately following, the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property off Landlord without disturbance, molestation or injurypursuant to Exhibit C). If Landlord requires the removal of all or part of the Alterations, Tenant, at its expense, Tenant shall repair any damage to the Premises caused by such removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to such Alteration. Tenant shall 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 caused by such removal. If Tenant fails at the termination of this Lease (or at any time when Landlord has the right of reentry due to remove Alterations that it is required to remove pursuant to Landlord's election, then Landlord may (but shall not be obligated toa Tenant default) remove the same and the cost of such removal and repair of any damage caused by the same, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged deemed abandoned and become the exclusive property of Landlord, without further notice to designate such items as it requests permission to remove at or demand upon Tenant. Tenant's obligations under these Sections 15.2 and 15.3 shall survive the expiration or termination of the this Lease, which items Landlord shall approve or disapprove for such removal by Tenant in conjunction with an approval of the plan. All decisions required or permitted to be made by Landlord in this Section 13.3 shall be made in the Landlord's reasonable discretion (which discretion may take into account such matters as the complexity, difficulty or damage to the Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the Landlord has reasonably decided shall be removed.

Appears in 1 contract

Samples: Lease (Marcam Solutions Inc)

Removal of Alterations. All Upon the expiration or any part sooner termination of the Alterations (includingLease Term, without limitation, wall-to-wall carpet and wiring), whether made with or without the consent of Landlord, Tenant shall, at Tenant's expense, diligently remove all Alterations made by Tenant after the election of Commencement Date and designated by Landlord or agreed to by Tenant, as the Landlordcase may be, to be made at such time as Landlord determines in its sole discretion, either be removed by Tenant at its expense before, or if the election is made following a termination of the Lease, immediately following, the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date time of Landlord's approval or earlier termination of this Lease as the property off Landlord without disturbance, molestation Tenant's request for approval or injurynotice thereof. If Landlord requires the removal of all or part of the Alterations, Tenant, at its expense, Tenant shall repair any damage to the Premises caused by such removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to such Alteration. Tenant shall 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 caused by such removal. If Tenant fails at the termination of this Lease (or at any time when Landlord has the right of reentry due to remove Alterations that it is required to remove pursuant to Landlord's election, then Landlord may (but shall not be obligated toa Tenant default) remove the same and the cost of such removal and repair of any damage caused by the same, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged deemed abandoned and become the exclusive property of Landlord, without further notice to designate such items as it requests permission to remove at or demand upon Tenant. Tenant's obligations under these Sections 15.2 and 15.3 shall survive the expiration or termination of the this Lease, which items Landlord shall approve or disapprove for such removal by Tenant in conjunction with an approval of the plan. All decisions required or permitted to be made by Landlord in this Section 13.3 shall be made in the Landlord's reasonable discretion (which discretion may take into account such matters as the complexity, difficulty or damage to the Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the Landlord has reasonably decided shall be removed.

Appears in 1 contract

Samples: Lease (Arbor National Holdings Inc)

Removal of Alterations. All or any part of the Alterations (including, without limitation, wall-to-wall carpet and wiring), whether made with or without the consent of Landlord, shall, at the election of the Landlord, to be made at such time as Landlord determines in its sole discretion's option, either be removed by Tenant at its expense before, or if the election is made following a termination of the Lease, immediately following, before the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property off of Landlord without disturbance, molestation or injury, provided that Tenant shall have the right and the obligation to remove any and all removable Alterations which constitute trade fixtures and detachable furniture prior to the Expiration Date or earlier termination of this Lease. Notwithstanding the foregoing, Landlord shall not be entitled to require the removal of any Alteration unless Landlord advises Tenant in writing, not later than six (6) months before the expiration of the Term, that removal of that Alteration is required. If Landlord requires the removal of all or part of the Alterations, Tenant, at its expense, shall repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any Alterations that it is required to remove pursuant to Landlord's electionwhich Landlord has requested be removed, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal and repair of any damage caused by the same, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to designate such items as it requests permission to remove at the expiration of the Lease, which items Landlord shall approve or disapprove for such removal and paid by Tenant in conjunction with an approval of the plan. All decisions required or permitted to be made by Landlord in this Section 13.3 shall be made in the Landlord's reasonable discretion (which discretion may take into account such matters as the complexity, difficulty or damage to the Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the Landlord has reasonably decided shall be removedupon demand.

Appears in 1 contract

Samples: Lease Agreement (Gene Logic Inc)

Removal of Alterations. All or any part of the Alterations (including, without limitation, wall-to-wall carpet and wiring), whether made with or without the consent of Landlord, shall, at the election of the Landlord, to be made at such time as Landlord determines in its sole discretion, either be removed by Tenant at its expense before, or if the election is made following a termination of the Lease, immediately following, Upon the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the Term, all Alterations shall remain on the Premises and become the property off of Landlord without disturbanceunless, molestation or injuryupon notice from Tenant to Landlord prior to the installation of such Alterations by Tenant requesting Landlord's determination, Landlord shall give written notice to Tenant to remove the same in accordance with the provisions of this Section. If Tenant immediately will remove any Alterations which Landlord requires the removal of all or part of the Alterationsthat Tenant remove, Tenant, at its expense, shall and will repair and restore any damage to the Premises or the Building caused by such removalthe installation or removal thereof. Without limiting the generality of the foregoing, if required by Landlord, all wiring and cabling installed by or for Tenant, whether inside or outside the Premises, shall be removed by Tenant (or, at Landlord's election, by Landlord), at Tenant's sole cost and expense, at the expiration or earlier termination of the Term. If Tenant fails to remove Alterations that it is required to remove pursuant to Landlord's electionperform any of its obligations under this Section 13.2, then Landlord may (but shall not be obligated to) remove the same perform such obligations on behalf of Tenant, and the cost of such removal and repair of any damage caused by the sameexpense thereof, together with any interest at the Overdue Interest Rate from the date such costs and all damages which Landlord may suffer and sustain expenses were incurred by reason of the failure of Tenant to remove the sameLandlord, shall be charged to designate such items as it requests permission to remove at the expiration of the Lease, which items Landlord shall approve or disapprove for such removal paid by Tenant in conjunction with an approval to Landlord as Additional Rent within thirty (30) days after delivery of a statement from Landlord for the plan. All decisions required or permitted to be made by Landlord in this Section 13.3 shall be made in the Landlord's reasonable discretion (which discretion may take into account such matters as the complexity, difficulty or damage to the Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the Landlord has reasonably decided shall be removedamount due.

Appears in 1 contract

Samples: Agreement of Lease (Cross Country Healthcare Inc)

AutoNDA by SimpleDocs

Removal of Alterations. All Upon the expiration or any part sooner termination of the Alterations (includingLease Term, without limitation, wall-to-wall carpet and wiring), whether made with or without the consent of Landlord, Tenant shall, at Tenant's expense, diligently remove all Alterations made by Tenant after the election of Commencement Date and designated by Landlord or agreed to by Tenant, as the Landlordcase may be, to be made removed at such the time as Landlord determines in its sole discretion, either of Landlord's approval or Tenant's request for approval or notice thereof (or otherwise required to be removed by Tenant at its expense before, or if the election is made following a termination of the Lease, immediately following, the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property off Landlord without disturbance, molestation or injurypursuant to EXHIBIT C). If Landlord requires the removal of all or part of the Alterations, Tenant, at its expense, Tenant shall repair any damage to the Premises caused by such removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to such Alteration. Tenant shall remove all of its movable property and trade fixtures, and if Tenant so elects or Landlord so requires, the Dedicated HVAC Units, 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 or Base Building Improvements except as otherwise expressly provided in this Lease. All items of Tenant's movable property, trade fixtures and personal property (including, without limitation, the Dedicated HVAC Units) that are not removed from the Premises or the Building caused by such removal. If Tenant fails at the termination of this Lease (or at any time when Landlord has the right of reentry due to remove Alterations that it is required to remove pursuant to Landlord's election, then Landlord may (but shall not be obligated toa Tenant default) remove the same and the cost of such removal and repair of any damage caused by the same, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged deemed abandoned and become the exclusive property of Landlord, without further notice to designate such items as it requests permission or demand upon Tenant and may be removed by Landlord at Tenant's expense and with no liability to remove at Tenant whatsoever. Tenant's obligations under these Sections 15.2 and 15.3 shall survive the expiration or termination of the this Lease, which items Landlord shall approve or disapprove for such removal by Tenant in conjunction with an approval of the plan. All decisions required or permitted to be made by Landlord in this Section 13.3 shall be made in the Landlord's reasonable discretion (which discretion may take into account such matters as the complexity, difficulty or damage to the Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the Landlord has reasonably decided shall be removed.

Appears in 1 contract

Samples: MCK Communications Inc

Removal of Alterations. (a) The first and second sentences of Section 13.3 of the Lease are hereby deleted in their entireties and replaced with the following language: “All or any part of the Alterations (including, without limitation, wall-to-wall carpet and wiring), whether other than any Permitted Alterations) made with or without the consent of Landlord, shall, at the election of the Landlord, to be made at such time as Landlord determines in its sole discretion’s option, either be removed by Tenant at its expense before, or if the election is made following a termination of the Lease, immediately following, before the expiration of the Term or shall remain upon the Premises and shall be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property off of Landlord without disturbance, molestation or injury. If Landlord requires the removal of all All or any part of the Alterations made with the consent of Landlord, shall, at Landlord’s option exercised at the time of approval of such Alterations, either be removed by Tenant at its expense before the expiration of the Term or shall remain upon the Premises and shall be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance, molestation or injury. Notwithstanding anything contained in this Section 13.3 to the contrary, Tenant shall have the right to remove any and all removable Alterations which constitute trade fixtures and detachable furniture (including, without limitation, Tenant’s removable furniture, trade fixtures, removable audio/visual equipment, removable security and telecommunications systems or any emergency generators (including the related switching gear)) prior to the Expiration Date or within ten (10) business days following any earlier termination of this Lease and Tenant, at its sole expense, shall repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove Alterations that it is required to remove pursuant to Landlord's election, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal and repair of any damage caused by the same, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to designate such items as it requests permission to remove at the expiration of the Lease, which items Landlord shall approve or disapprove for such removal by Tenant in conjunction with an approval of the plan. All decisions required or permitted to be made by Landlord in this Section 13.3 shall be made in the Landlord's reasonable discretion (which discretion may take into account such matters as the complexity, difficulty or damage to the Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the Landlord has reasonably decided shall be removed.

Appears in 1 contract

Samples: Lease Agreement (Gene Logic Inc)

Removal of Alterations. All Upon the expiration or any part sooner termination of the Alterations (includingLease Term, without limitation, wall-to-wall carpet and wiring), whether made with or without the consent of Landlord, Tenant shall, at Tenant’s expense, diligently remove all Alterations made by Tenant after the election of Commencement Date and designated by Landlord or agreed to by Tenant, as the Landlord, case may to be made removed at such the time as Landlord determines in its sole discretion, either of Landlord’s approval or Tenant’s request for approval or -not-ice thereof (or otherwise required to be removed by Tenant at its expense before, or if the election is made following a termination of the Lease, immediately following, the expiration of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property off Landlord without disturbance, molestation or injurypursuant to Exhibit C). If Landlord requires the removal of all or part of the Alterations, Tenant, at its expense, Tenant shall repair any damage to the Premises caused by such removal and, except as otherwise provided herein, restore the applicable portion of the Premises to its condition prior to such Alteration. Tenant shall 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 caused by such removal. If Tenant fails to remove Alterations that it is required to remove pursuant to Landlord's election, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal and repair of any damage caused by the same, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to designate such items as it requests permission to remove Ten-ant-at the expiration termination of the Lease, which items Landlord shall approve this Lease (or disapprove for such removal by Tenant in conjunction with an approval of the plan. All decisions required or permitted to be made by Landlord in this Section 13.3 shall be made in the Landlord's reasonable discretion (which discretion may take into account such matters as the complexity, difficulty or damage to the Building resulting from removal, among other matters deemed pertinent by Landlord). Notwithstanding anything contained herein to the contrary, Landlord shall not require the removal by Tenant of at any separate parts of Alterations which constitute Building Standard items unless such items are installed in other Alterations which themselves the time when Landlord has reasonably decided the right of reentry due to a Tenant default) 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 be removedsurvive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Wave2Wave Communications, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.